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Practical Tips for Cost-Efficient E-Discovery Management
Get PDFWith the volume of electronically stored information (ESI) continuing to expand at an exponential rate, the costs of collecting, processing, reviewing, producing and presenting ESI can easily become one of the most expensive items in litigation. These costs and related disputes can quickly overshadow the merits of the matter. Crafting cost-effective e-discovery plans that meet discovery obligations requires knowledge of the law, an understanding of the technological options (and their strengths and weaknesses), as well as creativity. This presentation will discuss practical tips for cost containment in e-discovery at all phases of the e-discovery process, including the effective use of technology and cooperation with opposing counsel
Beyond a Definition: Understanding the Nature of Void and Voidable Contracts
Get PDFThis Comment will ... first briefly explore the historical development of the concept of voidness. Second, it will detail the rise of the formalist approach, and will provide some criticism of that approach. Third, it will introduce the legal underpinnings of the functionalist approach. Finally, it will attempt to pull back the layer of legal detritus that has developed on this topic to reveal a workable and practical approach to understanding contract invalidity
Waiving Goodbye to Waiver? Not So Fast: Inadvertent Disclosure and Waiver of the Attorney-Client Privilege
Get PDFReasonableness in E-Discovery
Get PDFIssues of reasonableness arise regularly throughout American law. Reasonableness is a concept central to tort law, which imposes a reasonable person standard in ascertaining duty. Criminal guilt turns on a reasonable doubt standard. And in civil discovery, the concept of reasonableness features prominently: discovery\u27s scope reaches information that is reasonably calculated to lead to the discovery of admissible evidence, and discovery cannot be unreasonably cumulative or duplicative. Reasonableness standards require judges to undertake an objective, rather than subjective, evaluation. E-discovery specifically has two significant overarching reasonableness components: reasonable accessibility for production and reasonable care in preservation and disclosure. The interpretation of these two components plays a central and determinative role in the effectiveness and burdensomeness in discovering electronically stored information.
This Symposium Article addresses the first of these two components - reasonable accessibility - analyzing the guidance available on this issue from the case law and commentators and concluding that current approaches to reasonable accessibility often fail to employ the required objective reasonableness standard. Current approaches tend to err in two prominent ways: (1) by relying inappropriately on informational classifications, and (2) by merging distinct standards into a single standard. Of particular significance, Federal Rule 26 creates a twofold reasonableness interpretation - both with respect to what constitutes reasonable accessibility and also with respect to what constitutes undue burden or expense. However, rather than undertaking an objective, fact-specific inquiry of reasonable accessibility, some courts are relying on categories for presumptive accessibility or inaccessibility. In addition, many courts appear to be evaluating undue burden or expense as one conflated standard that considers only cost
Torture and the Interrogation of Detainees
Get PDFFollowing the September 11, 2001, attack on the United States by al Qaeda, the United States captured a number of high value detainees who were believed to have knowledge of imminent terrorist threats against our nation and its allies. CIA operatives, who understood that the use of torture is unlawful under both international and domestic law, and above all, is abhorrent to American values, interrogated the high value detainees. The United States rejects torture as a means to garner information - a fact reflected in our domestic criminal law, but also by the country\u27s signature on the United Nations Convention Against Torture
Public Education, Local Authority, and Democracy: The Implied Power of North Carolina Counties to Impose School Impact Fees
Get PDFThis Article examines the authority of counties in North Carolina to impose fees such as those attempted in Durham and Union Counties and concludes, contrary to the decisions of the court of appeals, that counties do have the implied authority under existing law to impose such fees for the purpose of generating school construction revenue. This conclusion is reached not by a mechanistic application of rules of law, but with an application of the law that keeps in mind the aim of the North Carolina Constitution, the state\u27s form of government, and the laws that distribute power to local governments. Simply put, this Article argues that an examination of the questions raised in Durham Land Owners and Union Land Owners necessarily requires a normative examination and choice, not a merely technical one, regarding how our laws shall be interpreted and what they shall be determined to mean, a task that the court of appeals failed to undertake when it struck down Durham and Union Counties\u27 school impact fees. The normative principle this Article employs as its guide is, in a word, democracy. To that end, this Article asks how Durham and Union Counties\u27 school impact fees fare when examined in the context of seeking to achieve popular self-government and democratic accountability. This Article concludes these aims are generally best served when local officials who govern as a result of popular consent are given significant latitude to tackle local issues. This Article, in short, argues that the school impact fees adopted by Durham and Union Counties were authorized under existing law and that this conclusion is strengthened when the scope of local government authority is examined under the criterion of achieving democracy
Is It All About the Money? Considering a Multi-Factor Test for Determining the Appropriateness of Forced Partition Sales in North Carolina
Get PDFThis Comment examines partition sales in North Carolina. First is a brief review of tenancy in common ownership and the dissolution remedy of partition. This is followed by a more detailed look into North Carolina\u27s current partition sales statute and recent efforts to amend it. Arguments favoring and opposing the addition of a multi-factor test to the current statute will be discussed, as well as case analysis from three states whose courts consider non-economic factors when determining the appropriateness of ordering a partition sale. The conclusion critiques the arguments for and against the addition of a multi-factor test, and also suggests a method of addressing concerns with North Carolina\u27s current partition law
One Tough Pill to Swallow: A Call to Revise North Carolina\u27s Drug Trafficking Laws Concerning Prescription Painkillers
Get PDFThis Comment takes the position that when the legislature enacted the statute for trafficking in opium or heroin in 1979, it never intended the statute to apply to prescription drugs containing oxycodone and acetaminophen. The statute was enacted during America\u27s war on drugs, a time when the country was concerned with the rise of illegal street drugs such as heroin, LSD, cocaine, and marijuana, a time when prescription drug abuse was not nearly as prevalent as it is today and twenty years before Percocet was first introduced
Thirty-Second Annual Hooding and Graduation Ceremony (2010)
Get PDFhttps://scholarship.law.campbell.edu/commencement/1003/thumbnail.jp
