On December 1, 2006, new electronic-discovery provisions of the Federal Rules of Civil procedure took effect. The author recites relevant rules, discusses the cost-apportioning criteria… Read More »Electronic discovery: How do courts do it? Should we do it that way too?
The author describes the state of the law of discovery of electronic evidence, including proposed changes to the Federal Rules of Civil Procedure; proposed amendments… Read More »New forms of evidence in a high-tech age: II. Electronic Discovery: The Current Legal Landscape
The author discusses the distinctions, in discovery, between computer-based evidence and traditional paper documents, and includes computer system discovery checklist, and means for preserving the… Read More »New forms of evidence in a high-tech age: I. The Essentials of Computer Discovery
A panel discussion of the discovery process for electronic evidence.
An exploration of the substantive and procedural differences between arbitration of a CBA provision and a statutory claim. A mock pre-hearing conference is presented.
The author’s thesis is that the parties and the arbitrator should develop pre-hearing processes that suit their styles and the situations they face, rather than… Read More »Pre-hearing process – old and new: Pre-hearing procedures: We make the process what it is.
The primary consideration in advising an employer whether to defend or settle a grievance headed for arbitration is the advocate’s estimate of the probable outcome.… Read More »Decisional thinking Chicago Panel reportIII. The decision to arbitrate: The advocate’s view
A survey of the pooled knowledge and experience of judges, advocates, and arbitrators regarding how decisions come into being and how they are shaped by… Read More »Decisional thinkingWashington panel report
A survey of the pooled knowledge and experience of judges, advocates, and arbitrators; as to how decisions come into being and how they are shaped… Read More »Decisional thinkingNew York panel report
Discussion of pre-hearing procedures, hearing procedures, and rules of evidence, with additional remarks regarding history and theory on these matters. [See also the transcript of… Read More »Problems of proof in the arbitration process: Report of the West Coast Tripartite Committee