Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Managing The Unmanageable: A Brief Accounting Of A Special Master’S Thirty Years Of Experience In Complex Litigation, Paul Rice
Articles in Law Reviews & Other Academic Journals
Managing an efficient, but fair, pretrial process in a large and complex case has always been a challenge. With the advent of electronic communications and the corresponding explosion of privilege claims, this challenge has become significantly more difficult. Indeed, it is not uncommon for corporate parties to assert tens of thousands, if not hundreds of thousands, of privilege claims. Furthermore, the resolution of these privilege questions is often compounded by difficult choice of law questions that can have the result of different substantive principles being applied to identical discovery demands originating in different jurisdictions. Additionally, before addressing the increasingly voluminous …
The Right Remedy For The Wrongly Convicted: Judicial Sanctions For Destruction Of Dna Evidence, Cynthia E. Jones
The Right Remedy For The Wrongly Convicted: Judicial Sanctions For Destruction Of Dna Evidence, Cynthia E. Jones
Articles in Law Reviews & Other Academic Journals
Many state innocence protection statutes give courts the power to impose appropriate sanctions when biological evidence needed for postconviction DNA testing is wrongly destroyed by the government. Constitutional claims based on wrongful evidence destruction are governed by the virtually insurmountable "bad faith" standard articulated in Arizona v. Youngblood. The wrongful destruction of DNA evidence in contravention of state innocence protection laws, however, should be governed by the standards used to adjudicate other "access to evidence" violations in criminal cases, including disclosures mandated by the rules of criminal procedure, the Jencks Act, and Brady v. Maryland. Under the "access to evidence" …
Reforming The State Secrets Privilege, Amanda Frost
Reforming The State Secrets Privilege, Amanda Frost
Articles in Law Reviews & Other Academic Journals
No abstract provided.