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This pocket guide summarizes the essential concepts behind a variety of labor-saving techniques, known generally as technology-assisted review (TAR), that help identify documents for production. The guide outlines possible factors for ascertaining whether and how the use of TAR may qualify as a reasonable inquiry under Federal Rule of Civil Procedure 26(g). It also provides an illustrative order for governing the use of TAR in civil litigation.
This is a primer on mindfulness and its uses in judging. Mindfulness involves slowing down one’s mental processes enough to allow one to notice as much as possible about a given moment or situation, and then to act thoughtfully based on what one has noticed. Much of the discussion of mindfulness in relation to judges so far has focused on health and wellness, but mindfulness also has obvious implications for the actual work that judges do.
A collection of useful resources about mindfulness can be found at Mindfulness and Judging: Resources for Judges.
This pocket guide was developed to help judges manage complex e-discovery in federal criminal cases. The advantages of electronically stored information (ESI, or e-discovery) include speed, efficiency, and quality of information. To ensure these benefits are realized, judges and lawyers working on federal criminal cases need guidance on how best to address e-discovery issues. This guide helps judges to ensure that e-discovery moves smoothly, trial deadlines are met, and the parties and courts are able to review and identify critical evidence.
This guide provides an overview of special conditions of supervised release and probation restricting computer and Internet use in an effort to protect the public from cybercrime, including child pornography offenses. The guide summarizes the relevant statutory provisions and Sentencing Guidelines policy statements that courts consider when evaluating computer and Internet special conditions; reviews Judicial Conference policy concerning the recommendation and execution of special conditions by federal probation officers; summarizes the types of bans and restrictions on computer and Internet access during postconviction supervision that have been upheld or rejected by courts, and discusses the most important factors that courts consider in assessing the restrictions; and describes the factors courts consider when evaluating conditions requiring computer filtering or monitoring and discusses other procedural issues related to the imposition and execution of such restrictions.
Increasing globalization and cross-border interdependence of business enterprises increase the likelihood that bankruptcy judges will see the occasional chapter 15 case filed in their jurisdiction. In this concise guide, Judge Louise DeCarl Adler (Bankr. S.D. Cal.) gives judges who may be unfamiliar with chapter 15 cases a quick understanding of the case-management issues that may arise and offers possible solutions. She includes a selected list of further resources where additional information and guidance can be found. The case law and other materials discussed in this second edition are current as of December 31, 2013.
The investigation of transnational conduct often involves gathering evidence located in foreign countries. There are two primary means of obtaining evidence for use in a transnational proceeding: a Mutual Legal Assistance Treaty (MLAT) and a letter rogatory. This guide provides an overview of the statutory schemes and procedural matters that distinguish MLATs and letters rogatory, and it discusses legal issues that arise when the prosecution, the defense, or a civil litigant seeks to obtain evidence from abroad as part of a criminal or civil proceeding.
Most courts come into contact with classified information infrequently, if at all, but when they do, they are faced with the dilemma of how to protect government secrets in the context of an otherwise public proceeding. This pocket guide is designed to familiarize judges and court staff with statutes and procedures established to help public courts protect government secrets when courts are called upon to do so. The guide provides information about the Classified Information Procedures Act (CIPA), classified information security officers, and secure storage facilities.