The Two-Tier Discovery Provision Of Rule 26(B)(2)(B) - A Reasonable Measure For Controlling Electronic Discovery?

One of the most innovative provisions in the newly-effective amendments to the Federal Rules of Civil Procedure addressing electronic discovery may be the creation of a two-tier system for the discovery of electronically stored information, under new Rule 26(b)(2)(B). This rule states that “[a] party need not provide discovery” of such information “from sources that the party identifies as not reasonably accessible because of undue burden or cost.

Panel III: Implications of the New Telecommunications Legislation

We present a method that employs a tree-based Neural Network (NN) for performing classification. The novel mechanism, apart from incorporating the information provided by unlabeled and labeled instances, re-arranges the nodes of the tree as per the laws of Adaptive Data Structures (ADSs). Particularly, we investigate the Pattern Recognition (PR) capabilities of the Tree-Based Topology-Oriented SOM (TTOSOM) when Conditional Rotations (CONROT) [8] are incorporated into the learning scheme. The learning methodology inherits all the properties of the TTOSOM-based classifier designed in [4]. However, we now augment it with the property that frequently accessed nodes are moved closer to the root of the tree. Our experimental results show that on average, the classification capabilities of our proposed strategy are reasonably comparable to those obtained by some of the state-of-the-art classification schemes that only use labeled instances during the training phase. The experiments also show that improved levels of accuracy can be obtained by imposing trees with a larger number of nodes

Seeding Science, Courting Conclusions: Reexamining the Intersection of Science, Corporate Cash, and the Law

Social scientists have expressed strong views on corporate influences over science, but most attention has been devoted to broad, Black/White arguments, rather than to actual mechanisms of influence. This paper summarizes an experience where involvement in a lawsuit led to the discovery of an unexpected mechanism: A large corporation facing a multibillion-dollar court judgment quietly provided generous funding to well-known scientists (including at least one Nobel prize winner) who would submit articles to "open," peer-reviewed journals, so that their "unbiased science" could be cited in an appeal to the Supreme Court. On balance, the corporation's most effective techniques of influence may have been provided not by overt pressure, but by encouraging scientists to continue thinking of themselves as independent and impartial