Confronting the new challenges of scientific evidence

Article Abstract:

Advances in science and technology pose constant challenges to the legal system to determine the admissibility of novel forms of scientific evidence. The current approach is governed by the 1993 Supreme Court decision in Daubert v. Merrell Dow Pharmaceuticals, Inc., which provides a two-step inquiry and suggests four factors to guide determinations of admissibility of scientific evidence. Issues include procedural and conceptual problems in the current approach, use of statistical evidence, developments in forensic science, and alternative approaches.

Evidence, Scientific, Scientific evidence (Law)

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The calculus of confidentiality: ethical and legal approaches to the labyrinth of corporate attorney-client communications via e-mail and the Internet - from Upjohn Co. v. United States and its progeny to the hand calculus revisited and revised

Article Abstract:

Guidelines for maintaining attorney-client privileges for e-mail communications must be found by analyzing a number of US Supreme Court, appellate court and district court rulings, as well as professional rules of conduct. Upjohn Co. v. United States expanded privilege, Reno v. American Civil Liberties Union noted e-mails are public domain, and the code of professional responsibility demands confidentiality. Common sense should prevail. Data encryption should become a necessity in the late 1990s.

Prepackaged software, Electronic mail systems, Email, Email software, Confidential communications, Attorney-client privilege

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The SEC challenges longstanding approaches

Article Abstract:

Changes in policy considered by the SEC in 1991 and 1992 are surveyed. Issues highlighted in these decisions include stockholder's attitudes about executive compensation, disclosure of executive benefits, stockholder communications, rules regarding small business initiatives, short swing profits and securities issued under employee benefit plans. Final regulations on executive compensation disclosure and stockholders communications were approved on Oct 16, 1992.

Surveys, Securities law, United States. Securities and Exchange Commission

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