Computerworld Opinion — 10GB of e-mail could cost you $1M:
The growing number of e-discovery requests associated with the recently updated Federal Rules of Civil Procedure (FRCP) is forcing companies to look for ways to automate their e-discovery process (see “FAQ: Changes to the Federal Rules of Civil Procedures Affect Storage Plans”).
Civil law and courts of equity: the common law is hybrid law
The Roman civil law tradition (which prevails in Europe) has had a larger impact on American jurisprudence than is generally acknowledged. Indeed, although the United States considers itself a common-law country, we in fact use a system that combines common (judge-made, customary, adversarial, precedent-focused) with civil (usually statute-based and inquisitorial) law, but which in England focused on "equity" or fairness and justice.
Further reflections on the nature of scientific evidence
For two weeks this July, I participated in a conference/summer session in Vienna (VISU) on the nature of scientific evidence. The program brought together students and lecturers from a number of disciplines.
The (scientific) development of common-law precedent
One of the defining characteristics of common law (as opposed to civil law) is the binding nature of precedent, sometimes referred to by its Latin name of stare decisis. But before the seventeenth century, the defining characteristic of English common law was not this one, but rather that common law reflected universal and customary law, and as such the goal was for judges to utilize previous decisions as merely guides to help them get closer to the true (unwritten) laws of England, not as binding in themselves.
Secret evidence is incompatible with the rule of law
While the use of secret evidence may be acceptable initially (as part of an investigation or short-term detention while more evidence is gathered), the defense needs access to this evidence. Without it, any trial or legal process is simply unfair.
Constitutionalizing the sanctity of the mails
Anuj C. Desai explains that the extension of the Fourth Amendment to cover postal mail, and then later to telephones, is based not so much on the inherently Constitutional nature of opening mail, but instead on the increasingly firm belief in the sanctity of the mail as expressed by Congress, legislators, and the public.
Post title: Opinion: 10GB of e-mail could cost you $1M
Authored by: krisnelson
Date posted: Jan 12, 2008
Categorized as: law • technology
Tagged with: civil procedure • discovery • evidence • law
Alternate URL: /2008/01/opinion-10gb-of-e-mail-could-cost-you.html
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