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consequences of different institutional arrangements.23 I do not attempt, in this Essay, to marshal all the evidence and arguments that might be needed to

- Kressel_10-31-06_pre-contact

exposure to prejudicial inadmissible evidence. See United States v. Komisaruk, 885 F.2d 490, 493-94, 498 (9th Cir. 1989) (“[E]vidence may be

- Parajon_Press_v2web

discretion by deciding whether to withhold or disclose evidence in ways that are generally “unfair or unwise.”2 In addition, both the Supreme Court

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Counsel 2169 1. The Government Interest in Protecting Information 2171 2. The Private Interest in Access to Evidence 2174 3. An Effective Balance 2178

Forum: Prove It! Judging the Hostile-or-Warlike-Action Exclusion in Cyber-Insurance Policies

issue has two important facets: who and why. An insurer ordinarily must show by a preponderance of the evidence that an exclusion applies. With respect to

Forum: The New Electronic Discovery Rules: A Place for Employee Privacy?

ordered UBS bear seventy-five percent of the costs of restoring the other seventy-plus tapes. Restoration revealed damning evidence of spoliation—the

Hemphill & Kahan Article

firms. Their con- cern rests on empirical evidence that such common concentrated ownership is associated with higher prices and lower output. This

con- cern rests on empirical evidence that such common concentrated ownership is associated with higher prices and lower output. This evidence sharply

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legal scholars have begun incorporating fMRI evidence into scholarship on criminal responsibility, evidence, health law, employment law, and various