SelectedWorks @ Chapman University Dale E. Fowler School of Law
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Is E-Discovery So Different That It Requires New Discovery Rules? An Analysis of Proposed Amendments to the Federal Rules of Civil Procedure
No full textThe U.S. Judicial Conference Advisory Committee on Civil Rules recommended a package of proposed amendments to the Federal Rules of Civil Procedure to address issues raised by discovery of electronic information. The recommendations were based on the theory that discovery of electronic information is truly different from discovery of non-electronic information and that the differences require a special set of discovery rules. This Article tests the bases for the Advisory Committee\u27s theory and concludes that there are five true differences between discovery of electronic information and discovery of traditional hard copy information, but two of the differences are addressed by the Rules in their current form. This Article also concludes that the package of amendments proposed by the Advisory Committee fails to adequately address two of the three identified true differences between discovery of electronic information and non-electronic information. The package also includes several amendments that are unnecessary, unwise and not based on any factor unique to discovery of electronic information. The Supreme Court approved the package of amendments, the amendments have been transmitted to Congress and they will take effect on December 1, 2006, unless Congress enacts legislation to reject, modify or defer the amendments. This Article provides insight into the process that produced the e-discovery amendments and it identifies a number of issues and problems that will arise once the amendments take effect
Limiting Abuse and Opportunism by Mortgage Servicers
No full textThis article discusses the opportunistic and abusive behavior of some servicers of residential mortgages toward the borrowers whose loans they service. Such abuse includes claiming that borrowers are in default and attempting to foreclose even when payments are current, force-placing insurance even when borrowers already have a policy, and mishandling escrow funds.
The causes of such practices and the market forces that can rein them in are discussed. A case study of one mortgage servicer describes its unfair treatment of borrowers and the reforms imposed by federal regulators and other market participants. Both regulatory agencies and rating agencies appear to have increased their scrutiny of servicers\u27 behavior, and states have passed new legislation to limit abuse. This article concludes with a discussion of proposals for further reform should these steps prove inadequate
What Do Juvenile Offenders Know About Being Tried as Adults? Implications for Deterrence
No full textAn underlying assumption in the nationwide policy shift toward transferring more juveniles to criminal court has been the belief that stricter, adult sentences will act as either a specific or general deterrent to juvenile crime. With respect to general deterrence - whether transfer laws deter would-be offenders from committing crimes - it is important to examine whether juveniles know about transfer laws, whether this knowledge deters criminal behavior, and whether juveniles believe the laws will be enforced against them. The current study is one of the first to examine juveniles\u27 knowledge and perceptions of transfer laws and criminal sanctions. We interviewed 37 juveniles who had been transferred to criminal court in Georgia, obtaining quantitative as well as qualitative data based on structured interviewed questions. Four key findings emerged. First, juveniles were unaware of the transfer law. Second, juveniles felt that awareness of the law may have deterred them from committing the crime or may deter other juveniles from committing crimes, and they suggested practical ways to enhance juveniles\u27 awareness of transfer laws. Third, the juveniles generally felt that it was unfair to try and sentence them as adults. Finally, the consequences of committing their crime were worse than most had imagined, and the harsh consequences of their incarceration in adult facilities may have had a brutalizing effect on some juveniles. The implications for general and specific deterrence are discussed