Technology-Assisted Review In E-Discovery Can Be More Effective And More Efficient Than Exhaustive Manual Review,
2011
University of Richmond
Technology-Assisted Review In E-Discovery Can Be More Effective And More Efficient Than Exhaustive Manual Review, Maura R. Grossman, Gordon V. Cormack
Richmond Journal of Law & Technology
E-discovery processes that use automated tools to prioritize and select documents for review are typically regarded as potential cost-savers – but inferior alternatives – to exhaustive manual review, in which a cadre of reviewers assesses every document for responsiveness to a production request, and for privilege. This Article offers evidence that such technology-assisted processes, while indeed more efficient, can also yield results superior to those of exhaustive manual review, as measured by recall and precision, as well as F1, a summary measure combining both recall and precision. The evidence derives from an analysis of data collected from the TREC 2009 …
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead,
2011
University of Richmond
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Francis C. Oroszlan
Richmond Journal of Law & Technology
The Richmond Journal of Law and Technology is proud to present the fourth issue of the 2010–2011 academic year. In this issue, we explore privacy law in the context of online social networking, online advertising and tort reform. Additionally, this issue examines mandatory disclosure of trade secrets as a component of offshore oil drilling regulation and evaluates certain criticisms levied against the Anti-Counterfeiting Trade Agreement.
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead,
2011
University of Richmond
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Ian Lambeets
Richmond Journal of Law & Technology
The Richmond Journal of Law and Technology is proud to present its first issue of the 2011-2012 academic year. The Journal strives to discuss new and emerging issues that fall squarely at the intersection of technology and the law. Another year goes by and technology continues to advance, and not surprisingly, further immerses itself into our daily lives. The Journal believes it is our mission to recognize the practical effects the growth of technology has on society and to promote a relevant and timely discussion on these topics.
Evidence - Privilege Law - How Arkansas's New Rule Of Evidence Codifies "Selective Waiver" Of The Attorney-Client Privilege And Work-Product Protection And An Argument For A More Moderate Approach,
2011
University of Arkansas Little Rock
Evidence - Privilege Law - How Arkansas's New Rule Of Evidence Codifies "Selective Waiver" Of The Attorney-Client Privilege And Work-Product Protection And An Argument For A More Moderate Approach, Jonathan D. Mcfadden
University of Arkansas at Little Rock Law Review
No abstract provided.
Hearsay After Crawford: A Practitioner's Guide,
2011
United States District Court for the Southern District of Florida
Hearsay After Crawford: A Practitioner's Guide, Marcia G. Cooke
St. Thomas Law Review
The Sixth Amendment to the U.S. Constitution provides that "[i]n all criminal prosecutions, the accused shall enjoy the right ... to be confronted with the witnesses against him." Although it may appear simple, concise and direct, the language of the Sixth Amendment has been the subject of much discussion.' The Confrontation Clause has been inevitably comingled with the hearsay rules, and determining when an out-of-court statement violates the rights of criminal defendants has been no easy task. For many years, it was uncontested, as established in Ohio v. Roberts, that to avoid violating a criminal defendant's Sixth Amendment rights, the …
Regulating The Science Of Forensic Evidence: A Broken System Requires A New Federal Agency,
2011
Georgia State University College of Law
Regulating The Science Of Forensic Evidence: A Broken System Requires A New Federal Agency, Jessica D. Gabel, Ashley D. Champion
Faculty Publications By Year
Professor Gabel and Ms. Champion agree with Mr. Goldstein's argument that serious validity and reliability problems plague forensic science, but, using the recent Troy Davis case in Georgia as an illustration, they argue for federal rather than state oversight. Gabel and Champion assert that many states lack the funding to construct an adequate system and that the fragmentation caused by different state systems would be a significant impediment to reform. They suggest a federal agency that, like the Environmental Protection Agency, would set minimum standards but allow states to experiment with enhanced regulation.
Dna Database Trawls And The Definition Of A Search In Boroian V. Mueller,
2011
Penn State Law
Dna Database Trawls And The Definition Of A Search In Boroian V. Mueller, David H. Kaye
Faculty Scholarship
As a general matter, once the government acquires information from a permissible search or seizure, it can use this information in later criminal investigations. Courts have applied this simple rule to uphold the indefinite reuse of DNA samples acquired from convicted offenders. This essay describes the First Circuit Court of Appeals’ reliance on the rule in rejecting a convicted offender’s claim that his DNA sample and profile had to be removed from the federal DNA databank after he completed his sentence. Acknowledging that the rule permitting reuse should not be applied mechanically, I argue that the rule's application to DNA …
A Punishing Court Docket,
2011
American University Washington College of Law
A Punishing Court Docket, Stephen Wermiel
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Life, Death, And Neuroimaging: The Advantages And Disadvantages Of The Defense's Use Of Neuroimages In Capital Cases - Lessons From The Front,
2011
Cornell Law School
Life, Death, And Neuroimaging: The Advantages And Disadvantages Of The Defense's Use Of Neuroimages In Capital Cases - Lessons From The Front, John H. Blume, Emily C. Paavola
Cornell Law Faculty Publications
The use of neuroimaging in capital cases has become increasingly common. An informal survey of cases produced over one hundred opinions from reported decisions alone discussing the use of computed tomography (CT) scanning, magnetic resonance imaging (MRI), functional MRI, positron emission tomography (PET) scans, single-photon emission computed tomography (SPECT) scans, and similar technology in capital cases. This article gives practical advice to defense counsel considering the use of neuroimaging in a capital case. We discuss how, in the right case, this technology can be a valuable investigative tool used to produce an important component of a successful mitigation story. However, …
Law In The Age Of Exabytes: Some Further Thoughts On ‘Information Inflation’ And Current Issues In E-Discovery Search,
2011
University of Richmond
Law In The Age Of Exabytes: Some Further Thoughts On ‘Information Inflation’ And Current Issues In E-Discovery Search, Jason R. Baron
Richmond Journal of Law & Technology
In 2007, in the pages of this Journal, George L. Paul and I posed a question to the legal profession at large, to wit: can the legal system adapt to the new reality of an era of rapid inflation in the amount of electronically stored information (ESI) at issue in civil litigation? After surveying the history of technological innovation that led to an explosion of new data, we proceeded to discuss various legal strategies for success in our current inflationary epoch. These strategies included: consideration of new and emerging ways in which to think about search and information retrieval in …
Section 1983 & The Age Of Innocence: The Supreme Court Carves A Procedural Loophole For Post-Conviction Dna Testing In Skinner V. Switzer,
2011
American University Washington College of Law
Section 1983 & The Age Of Innocence: The Supreme Court Carves A Procedural Loophole For Post-Conviction Dna Testing In Skinner V. Switzer, Gabriel A. Carrera
American University Law Review
No abstract provided.
Williams V. Illinois And The Confrontation Clause: Does Testimony By A Surrogate Witness Violate The Confrontation Clause?,
2011
Georgetown University Law Center
Williams V. Illinois And The Confrontation Clause: Does Testimony By A Surrogate Witness Violate The Confrontation Clause?, Paul F. Rothstein, Ronald J. Coleman
Georgetown Law Faculty Publications and Other Works
This article comprises a four-part debate between Paul Rothstein, Professor of Law at Georgetown Law Center, and Ronald J. Coleman, who works in the litigation practice group at Cleary Gottlieb Steen & Hamilton LLP, on Williams v. Illinois, a Supreme Court case that involves the Confrontation Clause, which entitles a criminal defendant to confront an accusing witness in court. The issue at hand is whether said clause is infringed when a report not introduced into evidence at trial is used by an expert to testify about the results of testing that has been conducted by a non-testifying third party. …
Home Is Where The Crime Is,
2011
Brooklyn Law School
Schultz V. Bank Of America: A Fly In The Financial Buttermilk - Clarifying The Common Knowledge Exception To Improve Litigation Efficiency And Bank Safety,
2011
University of Maryland Francis King Carey School of Law
Schultz V. Bank Of America: A Fly In The Financial Buttermilk - Clarifying The Common Knowledge Exception To Improve Litigation Efficiency And Bank Safety, Lauren M. Elfner
Maryland Law Review Online
No abstract provided.
Misinterpreted Justice: Problems With The Use Of Islamic Legal Experts In U.S. Trial Courts,
2011
New York Law School Class of 2010
Misinterpreted Justice: Problems With The Use Of Islamic Legal Experts In U.S. Trial Courts, Peter W. Beauchamp
NYLS Law Review
No abstract provided.
Where Are The Records? Handling Lost/Destroyed Records In Child Welfare Tort Litigation,
2011
University of Richmond
Where Are The Records? Handling Lost/Destroyed Records In Child Welfare Tort Litigation, Dale Margolin Cecka
Law Faculty Publications
As child welfare professionals, we have all encountered the “missing” record, most often during day-to-day advocacy. For those who practice child welfare tort litigation, incomplete discovery is also common, even though case records can be critical in determining negligence or malfeasance. In other forms of civil litigation, judges are asked to hold parties accountable for losing or destroying records, and juries are allowed to draw negative inferences about the missing evidence. In contrast, an investigation of child welfare torts reveals that when a defending agency fails to produce credible records, the issue is simply not litigated or does not affect …
Judicial Gatekeeping And The Seventh Amendment: How Daubert Infringes Upon The Constitutional Right To A Civil Jury Trial,
2011
William & Mary Law School
Judicial Gatekeeping And The Seventh Amendment: How Daubert Infringes Upon The Constitutional Right To A Civil Jury Trial, Brandon L. Boxler
W&M Law Student Publications
This Article begins by reviewing the history, purpose, and function of the Seventh Amendment within the American constitutional system. It then discusses the Supreme Court‘s analytical framework for preserving the fundamental features of the right to a civil jury trial while simultaneously permitting rational legal development of the jury system. Next, the Article provides a brief overview of the Court‘s Daubert jurisprudence, and argues that the creation of judicial gatekeeping has caused an institutional shift of adjudicatory authority away from juries and into the hands of judges in violation of the Seventh Amendment. The Article concludes by suggesting three legal …
The Association Of Adult Businesses With Secondary Effects: Legal Doctrine Social Theory, And Empirical Evidence,
2011
Cleveland-Marshall College of Law
The Association Of Adult Businesses With Secondary Effects: Legal Doctrine Social Theory, And Empirical Evidence, Alan C. Weinstein, Richard Mccleary
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Rethinking Jurisdictional Discovery Under The Hague Evidence Convention,
2011
Vanderbilt University Law School
Rethinking Jurisdictional Discovery Under The Hague Evidence Convention, Kathleen B. Gilchrist
Vanderbilt Journal of Transnational Law
When a federal court in the United States compels the discovery of information located abroad to determine whether it has jurisdiction over the defendant, the court can apply the Federal Rules of Civil Procedure or the Hague Evidence Convention. This Note argues that the approach taken by most courts--applying the balancing test formulated by the Supreme Court in Societe Nationale Industrielle Aerospatiale v. U.S. District Court and favoring application of the Federal Rules--is misguided. Courts should apply the Evidence Convention more often in jurisdictional discovery disputes. They can do so under the existing legal framework with one of three holdings: …
Unraveling The Exclusionary Rule: From Leon To Herring To Robinson - And Back?,
2011
Penn State Law
Unraveling The Exclusionary Rule: From Leon To Herring To Robinson - And Back?, David H. Kaye
Faculty Scholarship
The Fourth Amendment exclusionary rule began to unravel in United States v. Leon. The facts were compelling. Why exclude reliable physical evidence from trial when it was not the constable who blundered, but “a detached and neutral magistrate” who misjudged whether probable cause was present and issued a search warrant? Later cases applied the exception for “good faith” mistakes to a police officer who, pursuing a grudge against a suspect, arrested and searched him and his truck on the basis of a false and negligent report from a clerk in another county of an outstanding arrest warrant. The California Supreme …
