Legal Research in an Electronic Age: Electronic Data Discovery, a Litigation Albatross of Gigantic Proportions

[Excerpt] “The increase in e-discovery, e-discovery‘s impact on litigation, and the courts‘ unavoidable role in defining the limits of discovery led to the author‘s decision to develop this article. The availability, accessibility, and the ease of requesting electronic data, resulting in increased e-discovery under the Federal Rules of Civil Procedure, is an important issue that will affect the legal profession and its constituents in many ways for years to come. Part II of this article is an overview of Federal Rule of Civil Procedure 26(f). This part stresses that in recognizing the herculean task involved in e-discovery, courts expect that litigants immediately begin the process of understanding what their cases require from an e-discovery standpoint. Part III highlights judges and cases that have had a clear hand in shaping the terrain of where electronic data discovery issues are heading. Part IV examines the ramifications of failing to comply with Federal Rule of Civil Procedure 26(f), illustrating the importance of Rule 26(f) in the litigation process. Abiding by the agreements that the parties reach under Rule 26(f) could avoid most, if not all, e-discovery problems. Part V examines problems associated with electronic data discovery. Part VI offers workable solutions to electronic data discovery concerns. Finally, Part VII concludes that even though the outer boundaries of e-discovery may be uncertain, judges, practitioners, and law schools must work together to ensure that exposure, training, and classes are available from the earliest possible time to ensure efficient and responsible adherence to the new requirements that the electronic age has brought to the litigation process.

Electronic Data Discovery Sanctions: The Unmapped, Unwinding, Meandering Road, and the Courts’ Role in Steadying the Playing Field

This Article highlights a growing problem for litigants who are involved in electronic data discovery (EDD). The world of litigation today encompasses massive amounts of electronically produced documents. It is estimated that ninety-nine percent of new information is created and stored electronically. The litigation practice generally, as it relates to electronic discovery (e-discovery) particularly, has mushroomed into a chaotic process. The technological age has radically impacted the federal discovery process. The purpose of the 2006 amendments to the Federal Rules of Civil Procedure (FRCP) was, among other things, to address problems associated with electronically stored information (ESI) that arise during the litigation process.... Part II analyzes courts’ approach to EDD violations and the different standards required for sanctionable conduct. Part III illustrates certain trends and methodologies involving sanctions that have arisen since the adoption of the 2006 FRCP. Part IV highlights the necessary corollary that indistinct sanctions have had on the litigation experience. Part V addresses the role of preservation in the sanctions process. Finally, Part VI concludes by examining possible solutions to ameliorate or redress the costly and often avoidable consequences of failure to comply with best practices regarding the preservation, production, and destruction of electronically generated documents that may be required during the litigation process

Study of the selectivity to light hydrocarbons in Fischer-Tropsch synthesis

School of Chemical and Metallurgical Engineering, Faculty of Engineering and the Built Environment, University of the Witwatersrand, Johannesburg, South Africa 26 February 2016Many reports in the open literature have focused on Fischer-Tropsch (FT) kinetics, yet none of them appear to be able to explain FTS completely. Few of the FT models consider the production of olefins and paraffins separately. To study whether the selectivity to olefins and paraffins follows similar trends and if kinetics alone suffices to explain FT phenomena, a series of FT experiments were conducted in a fixed bed reactor loaded with 10% Co/TiO2. FT feeds were periodically switched from syngas to syngas + N2 by adjusting the total reactor pressure so that the reactant partial pressures (PCO and PH2) remained constant. During the initial deactivation (the first 1200 hours), it was found that the formation rates of olefins remained fairly constant (in some cases they increased) while those of paraffins decreased. This indicates the deactivation is mainly caused by the decrease in the paraffin formation rate. Currently, none of the published kinetic models can explain the phenomenon that the decay of the reaction rates of olefins and paraffins were not the same during the deactivation. At steady state (1055 to 2700 hours, overall reaction rate fairly constant), adding extra N2 decreased the selectivity to the light hydrocarbons. These results suggest that by feeding the extra N2 there could be an increase in selectivity and formation rates to long chain hydrocarbons (C5+). Plotting molar ratios of paraffin to olefin (P/O) with carbon number n+1 versus the ratio with carbon number n revealed linear relationships which are independent of feed gases, catalyst activity and reaction temperature. These results imply that product distributions might be determined by some sort of equilibrium. Another plot of normalised mole fractions of CnH2n, Cn+1H2n+2, and CnH2n+2 in ternary diagrams showed that after disturbances these product distributions tended to stable points. It is suggested that this could be due to slow changes in the liquid composition after the disturbances. Although not all the results are explained, the researcher emphasises that normal kinetics alone cannot explain these results completely. There might be factors, iii including vapour-liquid equilibrium or reactive distillation, which are worthy of consideration to explain FTS.MT201

Congenital Hydrocephalus in mono and dizygotic twins

Background: Information regarding the occurrence of hydrocephalus (HC) in twins is important in establishing the significance of environmental factors as well as a genetic basis in congenital HC aetiology. This was the basis for this study.Methods: A single institution retrospective study was conducted between August 1, 2006 and July 31, 2008. Only those cases of hydrocephalus (based on clinical and radiological testscranial Computeried tomographic or Magnetic resonance imaging scan) that required placement of a ventricular shunt or endoscopic third ventriculostomy were included in the study. Data regarding the patient’s demographics, clinical history, examination and the maternal demographics were retrieved and analysed. DNA analysis was done to confirm the fraternity of the twins when applicable.Results: Fifty-eight patients with congenital hydrocephalus presented to the unit over the study period. We identified three sets of twins in the study. Only one set were identical (both male) and both had hydrocephalus. In the remaining two sets only one out of each pair had hydrocephalus (one male and one female). Two of the patients (1male, 1female) were twins with discordant HC. All the children had normal thumbs. DNA analysis confirmed identical twins in both the like sex twins. The mothers were not known diabetics, hypertensive or sickle cell patients neither did they smoke or take alcohol. There was no family history of hydrocephalus in all patients.Conclusion: Concordance for HC is likely if the twins are like sex and identical. Congenital hydrocephalus seems to be a multifactorial disorder, triggered by environmental factors in genetically predisposed individuals

Some aspects of the growth and differentiation of the molar tooth germ in the in the mouse (Mus musculus)

The present work Is concerned with two aspects: I. A description is given of the distribution of mitoses in the inner enamel epithelium of the mouse molar teeth during ontogeny, from the aspect of the establishment of the crown pattern. This distribution is correlated with cusp formation.Within limits of experimental error during reconstruction and plotting the mitoses, it has been shown that mitosis ceases at an early stage in areas which will eventually lie at the cusp tips, but continues between them, so that the valleys grow downwards leaving the cusps in a more elevated position. In other words, the relative positions of the cusps (mitoses-free areas), and the valleys (areas of intense mitoses) on the crown have been shown to be mapped out (predetermined) early in development. The theory of 'insinuation' of the stratum intermedium among the inner enamel epithelium has been rejected. II. A description of the cytology of the ameloblasts andodontoblasts is given with the aim of adding more detail to earlier accounts. In particular, it is shown that the Golgi apparatus changes polarity and varies in form during the life cycle of the ameloblasts, and an attempt is made toarrive at a more concrete idea of its role during the life of ameloblasts.The Aoyama method is used for the first time for demonstrating the Golgi apparatus in teeth. Also, Powers' method for nerve fibres, is used for the first time to show the Golgi apparatus, a method which has not been used for this purpose in teeth or any other tissue. The cytologic activity of the formative cells has been correlated with the morphologic changes of the Golgi apparatus. This correlation has been used to illustrate important phases of amelogenesis and dentinogenesis. The presence of the kionoblasts" among the ameloblasts and the 'radial cells' among the odontoblasts is denied.<p

Amidinate Ligands in Zinc coordination sphere: Synthesis and structural diversity

A one-pot reaction involving neosilyllithium and three different carbodiimides (RN=C=NR, R=cyclohexyl, isopropyl and tert-butyl) in diethyl ether, followed by the addition of anhydrous ZnCl2, afforded, in high yield, corresponding homoleptic zinc amidinate complexes having the molecular formulae [Zn{CyN =C(CH2SiMe3)NCy}2] (1), [Zn{ i PrN =C(CH2SiMe3)N i Pr}2] (2) and [Zn{ t BuN =C(CH2SiMe3) N t Bu}2] (3), respectively, and amidinato moieties in the zinc coordination sphere. Solid state structures of complexes 1-3 are reported thereafter - all the three complexes are isostructural, and each of them consists of two four-membered metallacycles