3,411 research outputs found

    Electronically Stored Information and the Ancient Documents Exception to the Hearsay Rule: Fix It Before People Find Out About It

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    The earliest innovations in electronic communication are now over twenty years old—meaning that the factual assertions made by way of these electronic media are potentially admissible for their truth at a trial if (and simply because) they were made more than twenty years ago. This is due to Federal Rule of Evidence 803(16), the so-called “ancient documents” exception to the hearsay rule. This Article argues that the ancient document exception needs to be changed because its rationale, while never very convincing in the first place, is simply invalid when applied to terabytes of prevalent and easily retrievable electronically stored information (ESI)

    Disclosing Big Data

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    The Teaching of Procedure Across Common Law Systems

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    What difference does the teaching of procedure make to legal education, legal scholarship, the legal profession, and civil justice reform? This first of four articles on the teaching of procedure canvasses the landscape of current approaches to the teaching of procedure in four legal systems—the United States, Canada, Australia, and England and Wales—surveying the place of procedure in the law school curriculum and in professional training, the kinds of subjects that “procedure” encompasses, and the various ways in which procedure is learned. Little sustained reflection has been carried out as to the import and impact of this longstanding law school subject. Through a comparative approach, this series of articles explores what difference the approach a particular jurisdiction has chosen to adopt makes for legal education, legal scholarship, the practice of law and the profession, and to civil justice reform in our legal system. En quoi l’enseignement de la procédure civile modifi e-t-il les études juridiques, la recherche juridique, la profession d’avocat et la réforme de la justice civile? Ce premier de quatre articles sur l’enseignement de la procédure dresse le tableau de l’approche actuellement utilisée dans quatre systèmes juridiques – aux États-Unis, au Canada, en Australie, en Angleterre et au Pays de Galles – et se penche sur la place qu’occupe la procédure dans le programme des facultés de droit et dans la formation professionnelle, les matières qui constituent la « procédure » et les diverses façons d’apprendre la procédure. L’importance et l’incidence de cette matière traditionnelle des facultés de droit ont fait jusqu’ici l’objet de fort peu de réfl exion en profondeur. Par le biais d’une approche comparative, cette série d’articles examine en quoi l’approche adoptée dans ces pays modifi e chez nous les études et la recherche juridiques, la pratique du droit, la profession d’avocat et la réforme du système de justice civile

    Celebrating 70: An Interview with Don Berry

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    Donald (Don) Arthur Berry, born May 26, 1940 in Southbridge, Massachusetts, earned his A.B. degree in mathematics from Dartmouth College and his M.A. and Ph.D. in statistics from Yale University. He served first on the faculty at the University of Minnesota and subsequently held endowed chair positions at Duke University and The University of Texas M.D. Anderson Center. At the time of the interview he served as Head of the Division of Quantitative Sciences, and Chairman and Professor of the Department of Biostatistics at UT M.D. Anderson Center.Comment: Published in at http://dx.doi.org/10.1214/11-STS366 the Statistical Science (http://www.imstat.org/sts/) by the Institute of Mathematical Statistics (http://www.imstat.org

    Blue Obelisk - Interoperability in chemical informatics

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    The Blue Obelisk Movement (http://www.blueobelisk.org/) is the name used by a diverse Internet group promoting reusable chemistry via open source software development, consistent and complimentary chemoinformatics research, open data, and open standards. We outline recent examples of cooperation in the Blue Obelisk group:  a shared dictionary of algorithms and implementations in chemoinformatics algorithms drawing from our various software projects; a shared repository of chemoinformatics data including elemental properties, atomic radii, isotopes, atom typing rules, and so forth; and Web services for the platform-independent use of chemoinformatics programs

    Researching Litigation: The Medical Malpractice Example

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    Many wood-dwelling beetles rely on old hollow trees. In Europe, oaks are known to harbour a species-rich saproxylic beetle fauna, while less is known regarding other broad-leaved tree species. Furthermore, the extent to which saproxylic insect species have specialised on different tree species remains unknown. In this study, we sampled beetles through pitfall traps and window traps in four different tree species in a landscape with many old oaks. We recorded 242 saproxylic beetle species of which 27 were red-listed. After eliminating the species recorded only on a single tree, few cases among the 171 remaining species in the data set were confined to a single tree species. Using odds ratios, we showed that 19 of the 171 beetle species showed significant associations with Quercus robur in at least one of the two trap types. For Acer platanoides, Fraxinus excelsior and Tilia cordata, the corresponding numbers were 6, 2 and 5, respectively. One species showed a negative association with Q. robur. Using meta-analysis, we quantified the degree of association between the beetle species and the tree species. The associations were most profound among species classified as obligate saproxylic rather than facultative in lifestyle. Overall, a significant association was only found with Q. robur. We conclude that the saproxylic fauna is dominated by non-specialist species but includes a small proportion of truly host-tree-specific species. Furthermore, other broad-leaved trees can be important as supporting habitats for many saproxylic organisms that have had presumed associations with oaks to date
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