Electronic Discovery and Digital Evidence Cases and Materials

Author: Shira Ann Scheindlin
Publisher: West Academic Publishing
ISBN: 1634592247
Release Date: 2015-06-12
Genre: Discovery (Law)

The third edition of the only comprehensive casebook on electronic discovery and evidence, authored by the field's leading authorities, incorporates the 2015 amendments to the Federal Rules of Civil Procedure; updates case law in the field; and expands discussions of cooperation, proportionality, social media, and professional responsibility obligations. Two new chapters have been added, one on the latest search techniques, including Technology-Assisted Review, that all lawyers must understand; and another on emerging issues with the surveillance, search, and seizure of electronically stored information by law enforcement in criminal cases. This casebook is a 'must' for any course in e-discovery, and an important resource for civil procedure, criminal law, evidence, and ethics courses.

Electronic Discovery and Digital Evidence in a Nutshell

Author: Shira Scheindlin
Publisher: West Academic Publishing
ISBN: 1634597486
Release Date: 2016-01-02
Genre:

A concise treatment of all issues relating to electronically stored information (ESI) in litigation today, and a must-own for both civil and criminal practitioners. The authors have substantially rewritten each chapter and added chapters on anticipated changes to the Federal Rules of Civil Procedure governing ESI (which take effect December, 2015), technology-assisted review of ESI, and the use of ESI in criminal cases. Includes extensive treatment of preservation, search for and production of ESI, privilege protection, sanctions, ethical obligations of attorneys with respect to technology, and how the federal rules can be and have been adopted to accommodate digital evidence. Written by the author of the landmark Zubulake opinions and the Sedona Conference, which is at the forefront of thinking and writing on electronic discovery.

Modern American Remedies

Author: Douglas Laycock
Publisher: Wolters Kluwer Law & Business
ISBN: 9781543805437
Release Date: 2018-08-15
Genre: Law

Modern American Remedies: Cases and Materials, Fourth Edition, 2018 Supplement

Zubulake s E Discovery

Author: Laura A. Zubulake
Publisher:
ISBN: 0985064005
Release Date: 2012-07
Genre: Electronic discovery (Law)

"I was the plaintiff in a case that resulted in a historic jury verdict and a series of legal opinions that influenced the practice of law. In 2002 I filed discrimination and retaliation claims against my former employer, a multi-billion dollar Wall Street firm. Rather than settle, I decided to search for electronic evidence that I was led to believe did not exist. Years of searching for electronic evidence resulted tn the issuance of landmark legal opinions. Known as the Zubulake opinions, they established precedents in the area of elecronic discovery (e-discovery)...My case was never really about e-discovery; for me, it was always about the underlying allegations of unfair treatment..." My book "explains what really happened and how I did what I did. It is a story about perservance, vindication, accountability, and justice." --Back cover.

Fact Investigation

Author: Paul J. Zwier
Publisher: Ntl Inst for Trial Advocacy
ISBN: 1556815328
Release Date: 2000
Genre: Attorney and client


The Best Damn Cybercrime and Digital Forensics Book Period

Author: Jack Wiles
Publisher: Syngress
ISBN: 0080556086
Release Date: 2011-04-18
Genre: Computers

Electronic discovery refers to a process in which electronic data is sought, located, secured, and searched with the intent of using it as evidence in a legal case. Computer forensics is the application of computer investigation and analysis techniques to perform an investigation to find out exactly what happened on a computer and who was responsible. IDC estimates that the U.S. market for computer forensics will be grow from $252 million in 2004 to $630 million by 2009. Business is strong outside the United States, as well. By 2011, the estimated international market will be $1.8 billion dollars. The Techno Forensics Conference has increased in size by almost 50% in its second year; another example of the rapid growth in the market. This book is the first to combine cybercrime and digital forensic topics to provides law enforcement and IT security professionals with the information needed to manage a digital investigation. Everything needed for analyzing forensic data and recovering digital evidence can be found in one place, including instructions for building a digital forensics lab. * Digital investigation and forensics is a growing industry * Corporate I.T. departments investigating corporate espionage and criminal activities are learning as they go and need a comprehensive guide to e-discovery * Appeals to law enforcement agencies with limited budgets

Federal White Collar Crime

Author: Julie R. O'Sullivan
Publisher: West Academic
ISBN: STANFORD:36105134446686
Release Date: 2009
Genre: Law

This law school casebook addresses substantive and procedural areas of importance in white-collar criminal practice. The book covers a variety of substantive crimes, including perjury, false statements, false claims, obstruction of justice, mail and wire fraud, public corruption, insider trading, conspiracy, Racketeer Influenced and Corrupt Organizations (RICO) Act, and money laundering. It then tackles procedural issues critical to white-collar practice such as grand jury, discovery, the Fifth Amendment right against self-incrimination as applied to testimony and physical evidence, the attorney-client privilege, representation issues, plea bargaining and cooperation agreements, and parallel proceedings. The materials emphasize ethical issues facing criminal law practitioners. This revision covers the updated corporate charging policy, the Stein decision, and other areas (honest services fraud, RICO, etc.) that have seen a great deal of litigation in the last 2 years.

Criminal Pretrial Advocacy

Author: Peter Henning
Publisher: West Academic Publishing
ISBN: 1634602579
Release Date: 2016-03
Genre: Criminal procedure

Criminal Pretrial Advocacy fills a critical gap in the skills training for law students by providing a complete course addressing the pretrial phase of a federal criminal prosecution along with plea negotiation and sentencing. It contains materials to follow cases through all the important steps in a criminal prosecution from the decision to file charges to challenges to the investigative tactics and evidence to plea bargaining. The casebook describes the pretrial process in a federal criminal case by incorporating both a discussion of the rules and procedures in each phase as well as the basic constitutional doctrines related to criminal prosecutions that can arise. This book gives students the substantive foundation to proceed through a Criminal Pretrial Advocacy course by providing a foundation for understanding how each phase of the process unfolds. The casebook, in conjunction with the case files described below, are designed to help students improve their advocacy skills by giving them the opportunity to engage in both writing exercises and court appearances. The casebook and Teacher's Manual are accompanied by three case files designed to provide students with the opportunity to work with the materials as a prosecutor and defense counsel during the semester. The cases involve drug distribution, mortgage fraud, and sex trafficking. They incorporate a set of agent reports that give the basic factual scenario along with related documents, such as a criminal history of the defendants and interview notes, that can be provided to the students at different points in the semester. An electronic version of the case files is available on a website that may only be accessed by instructors, www.HenningCrimPretrialAd.com, and samples of the types of documents in each case file can be found in the Teacher's Manual. The Teacher's Manual provides the instructor with detailed information about how to structure a Criminal Pretrial Advocacy course and the various issues that will arise as the students progress through the process. It also contains sample rubrics, schedules, and bench memos detailing the legal issues that are likely to be raised in the three case files that can be used in conjunction with the casebook.

Cases and Materials on Federal Indian Law

Author: David Getches
Publisher: West Academic Publishing
ISBN: 1634599063
Release Date: 2016-12-31
Genre:

This federal Indian law casebook has an unprecedented focus on Native Nation-building, including cutting-edge materials on tribal economies and tribal justice systems unavailable elsewhere. The Seventh Edition retains classic material on the history of federal Indian law and policy, including the medieval origins of the "Doctrine of Discovery," and the shifting eras of Indian law leading to the current Nation-building era. The book covers the federal tribal relationship; tribal sovereignty and jurisdiction; Indian religion and culture; water rights; treaty rights; rights of Alaska natives and native Hawaiians; and international legal perspectives.

Complex Litigation

Author: Richard L. Marcus
Publisher: West Group
ISBN: 0314147349
Release Date: 2004-01-01
Genre: Law

Text is designed for an upper-level division course, and it serves as a useful source and reference book for students once they are in practice. In-depth coverage of the nature of complex litigation.

Civil Procedure

Author: Linda J. Silberman
Publisher: Wolters Kluwer Law & Business
ISBN: 9781454888697
Release Date: 2017-04-28
Genre: Law

Using the Socratic method, Civil Procedure: Theory and Practice, Fifth Edition helps students develop strategic, critical thinking with introductory text, examples, and hypotheticals that equip them for the challenges of practice. Sophisticated, yet straightforward, the text strikes an important balance by providing clear exposition while requiring work to achieve deeper insights. An opening chapter gives an overview of the entire process, using real pleadings and discovery materials in the landmark N.Y. Times v. Sullivan case. The innovative “Anatomy of a Litigation” case study chapter systematically leads students from pleadings to verdict, using leading cases to deepen the connection between the classroom and the courtroom. Civil Procedure: Theory and Practice covers the full range of topics, including in-depth treatment of personal and subject-matter jurisdiction, joinder, preclusion, and alternative dispute resolution.

A Student Electronic Discovery Primer

Author: William Hamilton (Law teacher)
Publisher:
ISBN: 1611637406
Release Date: 2016-04-19
Genre: Electronic discovery (Law)

A Student Electronic-Discovery Primer is the quintessential supplement to the traditional civil procedure textbook. The Primer is specifically designed as a practical and accessible guide for the first-year law student. Traditional civil procedure textbooks have given short shrift to what has emerged as a foundation of modern civil litigation--electronic discovery. This concise text introduces students to the new and often troubling themes of electronic discovery: preservation, search, metadata, and forms of production, touching upon the major issues that confront the use of digital data in litigation. It also includes sample electronic discovery practice forms and outlines the key 2015 amendments to the Federal Rules of Civil Procedure relating to electronic discovery. This Primer is an excellent electronic-discovery introduction for students and a handy guide for civil procedure professors.

Civil Procedure

Author: Jack H. Friedenthal
Publisher: West Academic Publishing
ISBN: 0314280162
Release Date: 2013
Genre: Law

The Eleventh Edition of this popular casebook provides a framework for studying both the essential and the cutting-edge issues of civil procedure while incorporating problems that test doctrinal understanding, foster case reading skills, and encourage a sense of litigation strategy. New Supreme Court cases have been integrated that impact personal jurisdiction (McIntyre, Goodyear), subject-matter jurisdiction (Grable, Gunn), pleading (Twombly, Iqbal), joinder (Pimentel), class actions (Dukes), and other important topics, including statutory changes such as the Jurisdiction Clarification Act. The casebook covers all of the major topics that a professor might wish to teach in a first-year course, and can easily be adapted for courses of one- or two-semesters, of different credit hours, and with varied practical or theoretical emphases. A supplement includes all updated Federal Rules, the pleadings in Twombly and Iqbal, a model case file, state materials, and other important teaching tools.

Cases and Materials on Oil and Gas Law

Author: John Lowe
Publisher: West Academic Publishing
ISBN: 1683288327
Release Date: 2018-05-11
Genre:

This new edition of the popular textbook on the law of oil and gas focuses first on ownership of the resource. Chapter 1 examines the common law of oil and gas ownership and the remedies that protect and restrict ownership rights. Chapter 2 focuses on the foundational business relationship used to develop oil and gas in the United States--the oil and gas "lease." Chapter 3 examines common problems encountered in oil and gas conveyancing. Chapter 4 explores legislative and regulatory responses to problems created by common-law ownership concepts, focusing on oil and gas conservation law. Chapter 5 examines the body of law designed to regulate environmental impacts by following the oil and gas development process chronologically, from land acquisition to abandonment. Chapter 6 considers transactions other than leasing and conveying that are frequently encountered in the industry, including assignments, farmouts, operating agreements, drilling contracts, and gas sales contracts. Finally, Chapter 7 examines the complex body of law that must be considered when oil and gas development is taking place on property owned by the federal, state, or tribal governments. Many instructors will build the basic oil and gas law course around Chapters 1 through 4 and save Chapters 5 through 7 for advanced courses. The book is completely updated, reflecting new case law in the traditional oil and gas states and evolving case law in eastern states. The book is further updated to cover shale oil and gas resources.

Criminal Law and Procedure Cases and Materials Casebookplus

Author: Donald Dripps
Publisher: Foundation Press
ISBN: 1683284666
Release Date: 2016-12-10
Genre:

The thirteenth edition continues the book's commitment to offering the most comprehensive, rigorous, and flexible materials on the American criminal process. With respect to the substantive criminal law, the new edition includes: Full case treatment of Johnson v. United States, illustrating the Supreme Court's current approach to the void-for-vagueness doctrine, and giving the clearest expression yet of the doctrine's constitutional foundations; Full case treatment of Elonis v. United States, 575 U.S. ___ (2015), illuminating the Supreme Court's current approach to imputing mental states when statutes are silent or unclear; Full case treatment of Rosemond v. United States, 572 U.S. ___ (2014) , illuminating the Supreme Court's current approach to the mens rea for complicity liability; Full case treatment of Hurst v. Florida, 136 S.Ct. 616 (2016), holding the Florida system of advisory jury verdicts in capital cases violates the Sixth Amendment; The substantive provisions of the American Law Institute's Project on Sexual and Related Offenses, Tentative Draft No. 2 (April 15, 2016), proposing, inter alia, a manifested "willingness" definition of consent and recognition of a felony offense for sexual penetration by an actor who knows, or consciously disregards a substantial risk, that the victim has not consented; Full case treatment of State v. J.W., Jr., 181 Wa.2d 757 (2014), holding the Washington practice of putting the burden of proof on the consent issue in rape cases on the defense violates due process; Extensive extracts from the Justice Department's memorandum explaining the decision not to bring federal civil rights charges against Officer Darren Wilson in the case involving the death of Michael Brown in Ferguson, Mo. With respect to criminal procedure, the new edition includes: Full case treatment of Riley v. California, 573 U.S. ___ (2014), summarizing search-incident-to-arrest doctrine and excluding cell phones from warrantless search incident to arrest, A thoroughly revised section on constitutional remedies in police practices cases, Illustrating the exceptions to the exclusionary rule with United States v. Rose, 613 Fed. Appx. 125 (3d Cir. 2015), a case giving a good illustration of the standing doctrine; and Utah v. Strieff, 2016 WL 3369419 (U.S. 2016), a case illustrating the Court's antipathy toward the exclusionary rule and analyzing the causation-based exceptions such as attenuation, inevitable discovery, and independent source; and The text of 42 U.S.C. �14141 and extensive excerpts from the consent decree regarding the New Orleans Police Department, entered between the Justice Department and the City of New Orleans in 2012.