%{search_type} search results

""The history of the court stars a group of talented, ambitious individuals who in the execution of their duty directly impacted their society in numerous ways, and includes many important, fascinating, and even dramatic appeals that touched the life of the nation." from the Introduction A history of Saskatchewan's highest court on its centennial, The Court of Appeal for Saskatchewan places the court within the context of Canadian law and shows how the court contributed to the province's legal, political, and social development. Tying together legal analysis with a compelling narrative, David Mittelstadt includes a biography of each judge who ever sat on the court, discusses the role of patronage and political partisanship in judicial appointments, and relates some of the touchstone legal decisions that influenced both the province and the nation. David Mittelstadt is a historian and heritage consultant based in Calgary. His previous books include Foundations of Justice: Alberta's Historic Courthouses and People, Principles, Progress: The Alberta Court of Appeal's First Century."-- Provided by publisher.

""The history of the court stars a group of talented, ambitious individuals who in the execution of their duty directly impacted their society in numerous ways, and includes many important, fascinating, and even dramatic appeals that touched the life of the nation." from the Introduction A history of Saskatchewan's highest court on its centennial, The Court of Appeal for Saskatchewan places the court within the context of Canadian law and shows how the court contributed to the province's legal, political, and social development. Tying together legal analysis with a compelling narrative, David Mittelstadt includes a biography of each judge who ever sat on the court, discusses the role of patronage and political partisanship in judicial appointments, and relates some of the touchstone legal decisions that influenced both the province and the nation. David Mittelstadt is a historian and heritage consultant based in Calgary. His previous books include Foundations of Justice: Alberta's Historic Courthouses and People, Principles, Progress: The Alberta Court of Appeal's First Century."-- Provided by publisher.

• Foreword by Chief Justice John C. Roberts, Jr. Introduction
• Chapter 1: Sink or Swim: The First Decade
• Chapter 2: John Marshall Takes Charge: Establishing Power
• Chapter 3: Justice by Shay, Stagecoach, Steamboat, Train: Riding Circuit
• Chapter 4: Wives, Children...Husbands: Supporting Roles
• Chapter 5: Yes, Mr. President: Appointing and Confirmation
• Chapter 6: Learning the Ropes: A Rookie Arrives
• Chapter 7: Inside the Courtroom: Views of the Bench
• Chapter 8: Silver Tongues and Quill Pens: Oral Argument
• Chapter 9: Nine Justices, One Bench: Building Consensus
• Chapter 10: (Not So) Good Behavior: Discord and Feuds
• Chapter 11: A Peek Inside Chambers: Clerk Stories
• Chapter 12: "Welcome to the Chain Gang": Managing the Work Load
• Chapter 13: Timing It Right: Stepping Down Acknowledgments Justices of the Supreme Court Notes Index.
• (source: Nielsen Book Data)

In the first Supreme Court history told primarily through eyewitness accounts from Court insiders, Clare Cushman provides readers with a behind-the-scenes look at the people, practices, and traditions that have shaped an American institution for more than 200 years. This entertaining and enlightening tour of the Supreme Court's colorful personalities and inner workings will be of interest to all readers of American political and legal history.
(source: Nielsen Book Data)

• Section 1: The Legal Environment and Expert Witnessing
• 1. The Legal Environment
• 2. Key cases and Precedents Affecting Expert Witnessing
• 3. A Closer Look at the Impact of Daubert
• Section 2: The Litigation Process
• 4. The Pre-Trial Process
• 5. Preparing for Trial
• 6. The Courtroom Drama
• Section 3: the Art, Business, and Future of Expert Witnessing
• 7. The Art of Expert Witnessing
• 8. The Business of Expert Witnessing.
• (source: Nielsen Book Data)

First Published in 2004: Effective Expert Witnessing, Fourth Edition broadens the scope of previous editions by featuring case studies and examples from a wide range of disciplines including psychology, medicine, forensics, toxicology, engineering, and environmental science. It presents legal survival strategies needed by expert witnesses in all fields by addressing the impact of the recent rulings regarding expert testimony.
(source: Nielsen Book Data)

• Foreword / John J. Hare
• Introduction / Kenneth G. Gormley
• Selecting judges in Pennsylvania / Charles L. Becker and Ruxandra M. Laidacker
• The King's Bench powers / William S. Stickman IV
• The power of rulemaking / Renée Cohn Jubelirer, Robert L. Byer, and Meredith E. Carpenter
• The Supreme Court's singular criminal procedure work in a pivotal era / James A. Shellenberger and James A. Strazzella
• Supervising and regulating the practice of law / Thomas G. Wilkinson, Jr. and Roger B. Meilton
• Supervising and regulating the judiciary / Roger B. Meilton and Thomas G. Wilkinson, Jr
• The development and improvement of Pennsylvania's judicial computer system / Hon. Joseph A. Del Sole, Amy Ceraso and Thomas B. Darr
• The Supreme Court and the separation of powers under the Pennsylvania constitution / Howard J. Bashman
• The Supreme Court and religious liberty : the competing visions of William Penn and Chief Justice John Bannister Gibson / Gary S. Gildin
• Free expression vs. reputation : the Supreme Court's problematic weighing of interests / Carl A. Solano and Edward J. Sholinsky
• Women on the court and the court on women / Deborah L. Brake and Susan Frietsche
• Article I,
• section 28 of the Pennsylvania constitution : prohibiting the denial or abridgment of equality of rights because of sex / Phyllis W. Beck and Michele Hudzicki-Grimmig
• The enforcement of antidiscrimination laws / Teresa Ficken Sachs
• The Olmsted affair and the rise of federal power in revolutionary Pennsylvania / John J. Hare
• The floodgates of strict liability : the Johnstown flood of 1889, the Pennsylvania Supreme Court, and the rise of modern American tort law / Jed H. Shugerman
• Pennsylvania medical malpractice law / Charles L. Becker, Shanin Specter, and Thomas R. Kline
• The ebb and flow of the law : the Supreme Court's product liability jurisprudence / James M. Beck
• Clash of titans : the Supreme Court and products liability / Clifford R. Rieders and Pamela L. Shipman
• The 1778-1779 Chester and Philadelphia treason trials : the Supreme Court as trial court / Carlton F.W. Larson
• Slavery and the Supreme Court : high court justices and the problem of fundamental justice / Paul Finkelman
• When felons don't kill : the felony murder rule in Pennsylvania / Arthur G. LeFrancois
• The Supreme Court and the labor movement / Jeffrey P. Bauman
• The Homestead lockout of 1892 and jurisprudence in Pennsylvania / Melvyn Dubofsky
• Defining the role of the legislature in regulating the economy / Vincent C. Deliberato, Jr
• Pennsylvania administrative law / John L. Gedid
• Afterword / Chief Justice Thomas G. Saylor
• Appendix A: the reports of the Pennsylvania Supreme Court / Joel Fishman, Ph. D
• Appendix B: historical list of Supreme Court justices.

"A narrative history of the Supreme Court of Pennsylvania. Explores the court's notable decisions and why they matter in the broader context of Pennsylvania and American law and history"--Provided by publisher.

It is clear that international law is not yet equipped to handle the "ecological goods and services" that exist simultaneously within and outside of all states. The global commons have always been understood as geographical spaces that exist only outside the political borders of states. A vital good such as a stable climate exists both within and outside all states, and shows traditional legal approaches to be ecological nonsense. With the recent possibility of measuring and monitoring the state and functioning of the Earth System through the Planetary Boundaries framework, it is now possible to define a "Safe Operating Space of Humankind" corresponding to a biogeophysical state of Earth. In this sense, the Common Home of Humanity is not a planet with 510 million square kilometres, but is a specific favourable state of the Earth System. Recent major scientific advances anticipate a legal paradigm shift that could overcome the disconnection between ecological realities and existing legal frameworks. If we recognize this qualitative and non-geographic space as a Common Natural Intangible Heritage of Humankind, all positive and negative "externalities" end up being included within a new maintenance system of the Common Home.
(source: Nielsen Book Data)

• Biographical Note viii
• Foreword to Fifth Edition ix
• Preface to Fifth Edition xi
• References and Abbreviations xiii
• 1. Materials 1
• A. Arbitration Clauses 1
• B. Agreements Prior to or on Constitution of Arbitration 3
• C. Agreements as to Tribunal and Court Powers 8
• D. Checklist for Preliminary Meetings 10
• E. Agreement with Arbitrator on Resignation 13
• F. Checklist for Awards 14
• G. Agreements as to Costs 16
• H. General Note on Arbitration Claims 17
• 2. The Arbitration Act 1996 21
• Text of the Act and Commentary 21
• Arrangement of Sections 23
• 3. Appendices 509
• The Arbitration Act 1996 (Commencement No. 1) Order 1996 511
• The Unfair Terms in Consumer Contracts Regulations 1999 513
• The Arbitration Act 1950, Part II 523
• Table of Cases 531
• Index to Commentary 547.
• (source: Nielsen Book Data)

"There should not be a practitioner who does not have a copy ... highly recommended." Arbitration When first published, The Arbitration Act 1996: A Commentary was described by Lord Bingham as "intensely practical and admirably user-friendly". It remains the most readable, useful, practical and user-friendly guide to the Arbitration Act 1996. The courts particularly the Commercial and the Technology & Construction Courts continue to grapple with many questions relating to the Act, with many judgments reported since the previous edition was published. While many of these do not add to the wisdom on this legislation, for the fifth edition the authors have considered some 330 new cases, resulting in extensive changes throughout much of the commentary. Many of the cases going to court concern challenges to awards and as a result the commentary on the relevant sections of the Act (ss. 67, 68, 70 and 72) has been subject to very substantial revision indeed. The details of all of these changes are of great importance to practitioners, whether lawyers or arbitrators. In addition there have been some significant changes to the Model Law since publication of the previous edition, which are fully documented and commented upon. Alterations to the CPR, the new UNCITRAL Rules (2010), the new ICC Rules (2012) and the new ICE Arbitration Procedure (2010) are also covered. Written by three practising arbitrators, the fifth edition continues to be the essential handbook for all concerned with English arbitration.
(source: Nielsen Book Data)

• An introduction to the admissibility of expert scientific opinion
• Admissibility from the legal perspective
• Forensic science and the law: the path forward
• Scientific opinion and the law in practice
• Fundamentals of the interpretation and evaluation of scientific evidence
• Case studies in expert opinion
• Formal methods for logical evaluation
• Case studies in probabilistic opinion
• Cognitive bias and expert opinion
• The evaluation of DNA profile evidence
• Low template DNA
• Footwear marks in court
• Fingerprints and fingermarks
• identifying individuals?
• Trace evidence, databases and evaluation
• Firearm and tool-mark evidence
• Expert opinion and evidence of human identity
• Questioned documents
• Bloodstain pattern analysis
• Conflicting expert opinion: SIDS and the medical expert witness.

The interpretation and evaluation of scientific evidence and its presentation in a court of law is central both to the role of the forensic scientist as an expert witness and to the interests of justice. This book aims to provide a thorough and detailed discussion of the principles and practice of evidence interpretation and evaluation by using real cases by way of illustration. The presentation is appropriate for students of forensic science or related disciplines at advanced undergraduate and master's level or for practitioners engaged in continuing professional development activity. The book is structured in three sections. The first sets the scene by describing and debating the issues around the admissibility and reliability of scientific evidence presented to the court. In the second section, the principles underpinning interpretation and evaluation are explained, including discussion of those formal statistical methods founded on Bayesian inference. The following chapters present perspectives on the evaluation and presentation of evidence in the context of a single type or class of scientific evidence, from DNA to the analysis of documents. For each, the science underpinning the analysis and interpretation of the forensic materials is explained, followed by the presentation of cases which illustrate the variety of approaches that have been taken in providing expert scientific opinion.
(source: Nielsen Book Data)

"Gerald Le Dain (1924-2007) was appointed to the Supreme Court of Canada in 1984. This collectively written biography traces fifty years of his steady, creative, and conciliatory involvement with military service, the legal academy, legislative reform, university administration, and judicial decision-making. This book intersperses contributions from the in-house historian of the law firm where Le Dain first practised, from students and colleagues in the law schools where he taught, from a research associate in his Commission of Inquiry into the non-medical use of drugs, from two of his successors on the Federal Court of Appeal, and from three judicial clerks to Le Dain at the Supreme Court of Canada. Also reproduced here is a transcript of a recent CBC documentary about his 1988 forced resignation from the Supreme Court following a short-term depressive illness, with commentary from Le Dain's family and co-workers. Gerald Le Dain was a tireless worker and a highly respected judge. In a series of essays that cover the different periods and dimensions of his career, Tracings of Gerald Le Dain's Life in the Law is an important and compassionate account of one man's commitment to the law in Canada."-- Provided by publisher.

• Asset Recovery in the EU: Towards a Comprehensive Enforcement Model beyond Confiscation? An Introduction Katalin Ligeti and Michele Simonato Part I: Forfeiture and Fundamental Rights: Open Questions in the Twenty-First Century
• 1. Confiscation and the Concept of Punishment: Can There be a Confiscation Without a Conviction? Michele Panzavolta
• 2. The History of Confiscation Laws: From the Book of Exodus to the War on White-Collar Crime Michael Fernandez-Bertier
• 3. Civil Forfeiture in Ireland: Two Decades of the Proceeds of Crime Act and the Criminal Assets Bureau Colin King
• 4. The Problematic Nature of Asset Recovery Measures: Recent Developments of the Italian Preventive Confiscation Francesco Mazzacuva
• 5. Extended Confiscation: Criminal Assets or Criminal Owners? Johan Boucht
• 6. Modern Forms of Confiscation and Protection of Third Parties Isidoro Blanco Cordero Part II: Not Only About Confiscation: Towards Comprehensive Policies on Asset Recovery
• 7. Tax, Money Laundering and Offshore: The HSBC Suisse Affair Peter Alldridge
• 8. Asset Recovery in Four Dimensions: Returning Wealth to Victim Countries as a Challenge for Global Governance Radha Ivory
• 9. Restitution of Dirty Assets: A Swiss Template for the International Community Frank Meyer
• 10. The Relevance of Asset Recovery Policies in Transitional Societies: The Croatian Perspective Elizabeta Ivicevic Karas and Suncana Roksandic Vidlicka
• 11. The American Perspective on Recovering Criminal Proceeds in Criminal and Non-Conviction Based Proceedings Stefan D Cassella
• 12. The 'Pre-investigative' Role of Financial Intelligence Units in Recovering Assets Marc Penna
• 13. Digital Currencies and the Anti-money Laundering/Counter-terrorism Financing Regulations in the EU: Imaginary Risk or Real Challenge? Jacek Czarnecki
• 14. Asset Sharing as a Tool for a More Efficient Cross-Border Asset Recovery in the EU? The EU Asset Sharing Model and its Implementation in Belgium and the Netherlands Laura Vande Reyde and Dirk Van Daele
• 15. The Social Reuse of Confiscated Assets in EU Member States: From Current Experiences to an EU Policy for a 'Powered-by-Citizens' Fight Against Crime Barbara Vettori and Andrea Di Nicola.
• (source: Nielsen Book Data)

The fight against dirty money is not a new topic, nor a recent problem. It has existed within international and national agendas since the 1980s. Nonetheless, the evolving complexity of criminal skills and networks; the increasingly global dimension of crime; the financial crisis; and the alleged unsatisfactory results of the efforts hitherto undertaken cause us to re-pose and re-discuss some questions. This book addresses several issues concerning the reasons, objectives and scope of national and supranational strategies targeting criminal money, as well as the concrete modalities to overcome its obstacles. The main objective is to explore where the EU stands and where it ought to go, providing useful input for policy-makers and further research. Nevertheless, the problems are not limited to the EU area, and assets - particularly money - cross EU borders much more easily than people do. The reflections developed in the chapters, therefore, aim at going beyond these EU borders. The book is divided into two parts. The first one focuses on the core of asset recovery policies, namely confiscation or forfeiture laws, and explores in particular some issues concerning the respect of fundamental rights. The second part addresses other problematic aspects related to the asset recovery process, such as the return of assets to victim countries, the cross-border investigations on dirty money, and the social use of confiscated assets.
(source: Nielsen Book Data)

• Introduction: a fresh pair of eyes-- The intermediary scheme in England and Wales-- Behind the scenes: planning to assess the witness-- Assessment methods and involvement of the interviewer-- Communication aids and stress reduction strategies-- Contributing to the effectiveness of the police interview-- Negotiating professional space at the ground rules hearing-- Making the ground rules hearing effective-- 'Every reasonable step': preparation for giving evidence-- Cross-examination: research, case law, training and regulation-- Cross-examination: intervention at trial-- Cross-examination: challenges at the cutting edge-- The uneasy position of vulnerable defendants-- A new profession-- Conclusion.
• (source: Nielsen Book Data)

This is the first book about the intermediary scheme, criminal justice's untold 'good news story'. Intermediaries are independent communication specialists who assist children and vulnerable adults at police interviews and trials, helping to improve the quality of their evidence and providing access to justice for those who previously had been excluded. Richly illustrated with case examples through intermediaries' own descriptions of their work, the book also includes feedback from justice system personnel and over 70 judges. This unique book provides a comprehensive explanation of how intermediaries work in practice and gives 'behind the scenes' insights into the criminal process. It will be of interest to practitioners and the wider public in England and Wales and encourage consideration of the scheme elsewhere.
(source: Nielsen Book Data)

• Introduction
• "A Republic, If You Can Keep It"
• Our Constitution and Its Separated Powers
• The Judge's Tools
• The Art of Judging
• Toward Justice for All
• On Ethics and the Good Life
• From Judge to Justice.

"This rich collection offers Neil Gorsuch's most salient writings and speeches from his over three decades of thinking about the law as a student, practitioner, professor, judge, and now justice. For court watchers and the general public alike, it provides essential insight into his judicial philosophy and his views on the Constitution and the role of judges in our modern republic"-- Provided by publisher.

• Introduction
• Chapter 1 Greene v. Holy Spirit Hospital
• Chapter 2 Yamamoto v. Harbor View Homeowners Association
• Chapter 3 Fisk v. Silver Mine Hotel and Casino
• Chapter 4 Marcello v. Queen of Clubs
• Chapter 5 Chatalet, et al. v. FantasyForest, Inc.
• Chapter 6 McCortney v. Sky-high Casino
• Chapter 7 Crane v. Major Stores, Inc.
• Chapter 8 White v. Mid-American Inns
• Chapter 9 McCall v. Giant Stores
• Chapter 10 A Summarization of Cases Based on the Theory of Liability, False Arrest/False Imprisonment, and/or Excessive Use of Force
• Chapter 11 A Summarization of Cases Predicated on Negligence as the Theory of Liability
• Chapter 12 A Summarization of Cases Based on Inadequate Security and/or Breach of Duty as the Theory of Liability
• Chapter 13 A Summarization of Lawsuits that Were Rejected or Failed for Unusual Reasons Epilogue Appendix A Fair Warning: Avoid Victimization.
• (source: Nielsen Book Data)

From the Files of a Security Expert Witness guides the reader through the experience of testifying in court on security issues in civil litigation. Written by one of the security profession's best-known expert witnesses, the book explores 36 cases that reflect the high drama of true crime, including kidnapping, rape, and murder. Many of these cases led to premises liability lawsuits based on claims of negligence, inadequate security, false arrest and imprisonment, excessive use of force, and others. Effective security specialists, whether or not they are considering becoming expert witnesses, should be familiar with the facts of these cases, their theories of liability and theories of defense. Encompassing aspects of criminal and tort law, all within the context of forensic security consulting, this book offers valuable insights from an experienced security professional.
(source: Nielsen Book Data)

• Disclaimer xiii Foreword xv Preface xix Acknowledgments xxiii PART I: DISPUTE RESOLUTION AND THE FINANCIAL EXPERT
• Chapter 1: Value of the Financial Expert in Litigation and Dispute Resolution 3 Why Be a Financial Expert Witness? 3 Value of the Financial Expert Witness under Federal Rules 4 Enhancing Value Using the Litigation Process 13 Coming Up 14 Notes 14
• Chapter 2: Roles Suited for the Financial Expert 17 The Big Three : Liability, Causation, and Damages 17 Financial Expert Assignments 19 Roles for the Financial Expert 20 Matters Suited for the Financial Expert 21 Financial Expert Litigation Services 22 Coming Up 27 Notes 27
• Chapter 3: Retention of the Financial Expert 29 Finding Financial Experts 29 Prospective Client Due Diligence 35 Pre-Engagement Communications 39 Selection of the Financial Expert Witness 42 Coming Up 44 Notes 44
• Chapter 4: Getting Started as a Financial Expert 45 Getting Started 45 Coming Up 61 Notes 61
• Chapter 5: Civil Litigation and Dispute Resolution Processes 63 Civil Litigation Actions and Proceedings 63 Alternative Dispute Resolution 71 Coming Up 72 Notes 72 PART II: FINANCIAL EXPERT RULES, CASE PRECEDENT, AND ETHICS
• Chapter 6: Federal Rules of Evidence for the Financial Expert Witness 77 Evidentiary Rules on Expert Witness Opinions and Testimony 77 Scientific, Technical, or Other Specialized Knowledge 79 Coming Up 94 Notes 94
• Chapter 7: Federal Rules of Civil Procedure for the Financial Expert Witness 97 Procedural Rules on Expert Witness Reporting and Testimony 97 Coming Up 105 Note 105
• Chapter 8: Basic Litigation Knowledge for the Financial Expert Witness 107 Laws and Rules 107 Legal Precedent 113 Orders 117 Court Rules and Policies 121 Privileged Communications 121 Professional Standards 122 Coming Up 122 Notes 122
• Chapter 9: Professional Ethics Considerations 125 Professional Ethics 125 Ethical Considerations for the Financial Expert Witness 130 Trial 133 Coming Up 136 PART III: FINANCIAL EXPERT WITNESS REPORTS AND TESTIMONY
• Chapter 10: Preparing the Financial Expert Witness Report 139 Federal Rules on Financial Expert Witness Disclosure 139 A PRACTICAL Way to Prepare a Financial Expert Report 140 Organization of the Financial Expert Witness Written Report 143 Writing the Financial Expert Witness Report 145 Caveats to Consider 149 Exhibits 153 Quality Control for Financial Expert Witness Reports 154 Coming Up 156 Notes 156
• Chapter 11: Rebutting the Financial Expert Witness Report 157 The Financial Expert Rebuttal 157 Steps for an Effective Rebuttal 157 Case Study: Exclusion of the Financial Expert Witness 171 Risks of Having Only Rebuttal Opinions 174 Coming Up 174 Notes 174
• Chapter 12: Discovery Using Deposition 177 What Is a Deposition? 177 Deposition Objectives 185 Coming Up 187
• Chapter 13: Financial Expert Witness Deposition Preparation 189 Preparation for Deposition 189 Expected Deposition Questions 192 Confer with Client Legal Counsel 200 Leading Up to Deposition 203 Coming Up 204
• Chapter 14: Financial Expert Witness Deposition Testimony 205 Deposition Testimony 205 Post-Deposition Activities 225 Coming Up 227 Notes 227
• Chapter 15: The Financial Expert Witness and Motions and Hearings 229 Motions 229 Hearings 235 Coming Up 236 Notes 236
• Chapter 16: Financial Expert Witness Trial Testimony 237 Types of Trials 237 Components of Trial Examination 238 Preparation for Trial Testimony 239 Objections 248 Coming Up 250 Notes 250
• Chapter 17: Financial Expert Witness Direct Examination 253 Direct Examination 253 Direct Examination Outline 258 Trial Demonstratives 259 Preemptive Cross-Examination 260 Use of the Expert Report in Trial 261 Redirect Examination 261 Rebuttal Testimony 262 Coming Up 262 Notes 262
• Chapter 18: Financial Expert Witness Cross-Examination 263 Cross-Examination 263 Objectives of Cross-Examination 264 Cross-Examination Techniques 268 Ten Commandments of Cross-Examination 272 Surviving Cross-Examination 274 Re-Cross-Examination 277 Coming Up 277 Notes 278 PART IV: ALTERNATIVE DISPUTE RESOLUTION
• Chapter 19: Alternative Dispute Resolution: Mediation 281 Mediation Process 281 Financial Expert Participation in Mediation 282 Mediation Activities 284 Coming Up 288 Notes 289
• Chapter 20: Alternative Dispute Resolution: Arbitration 291 The Arbitration Process 291 Structure of Arbitration 292 Arbitration Activities 293 Financial Expert Participation in Arbitration 300 Coming Up 301
• Chapter 21: Alternative Dispute Resolution: Neutral Accounting Arbitration 303 Neutral Accounting Arbitration 303 Neutral Accounting Arbitration Process 304 In Closing 312 Bibliography and Suggested Reading 313 About the Author 317 About the Website 319 Index 321.
• (source: Nielsen Book Data)

Learn what to expect and what's expected as an expert witness Serving as a financial expert witness or consultant in lawsuits is a stressful, challenging, and tough business. In Financial Expert Witness Communication: A Practical Guide to Reporting and Testimony, financial forensic expert Bradley J. Preber leverages more than 30 years of experience to create a practical guide for financial expert witnesses as they face litigation reporting and testimony. Financial Expert Witness Communication covers all areas of financial litigation including accounting, financial forensics, forensic technology, and damages all from the point of view of an expert witness. The book is especially helpful for those who expect to be formally designated as an expert witness; however, it is also appropriate for financial forensic accountants, litigation consultants, and attorneys as they navigate the unique playing field of the financial litigation process. This book gives financial experts strategies to defend the analysis, conclusions, and expert opinions they have at their disposal. It also provides thorough explanations of compliance, data limitations, and due diligence as well as how to handle demanding legal counsel, with a goal of better preparing them for the entire legal process. The book is part of the Wiley Corporate F&A Series and was created as an educational resource for nonattorney financial experts involved with U.S.-based civil litigation or alternative dispute resolution proceedings. It takes a well-rounded approach by including special chapters on such concepts as retention, privilege, responsibilities, ethics, and testimony, all written by a nationally recognized expert. As a bonus, the companion website presents an additional expert witness case study and guidelines for fulfilling an expert witness role.
(source: Nielsen Book Data)

• PREFACE xi
• ACKNOWLEDGMENTS xiii
• SECTION ONE?Cloud Computing: Basics of Technologies and Applications 1
• CHAPTER 1 Cloud Computing Defi nitions and Technical Considerations 3 Christopher Thieda
• IaaS 5
• PaaS 9
• SaaS 10
• Considerations for Discovery 10
• Data Transfer Regulations 12
• Notes 15
• CHAPTER 2 The Proliferation of Data Available for Discovery
• 17 James P. Martin and Harry Cendrowski
• An Example of Third?]Party Data: Google Search Engine 19
• Consideration of Data Points in Discovery 21
• Creating an eDiscovery Plan in a Cloud?]Based World 25
• Production of Cloud Data 27
• Notes 28
• CHAPTER 3 Cloud Migration and Planning for Retention 29 James P. Martin and Harry Cendrowski
• Data Retention and the Cloud 29
• Considerations for Litigation 34
• Notes 36
• SECTION TWO?Current Laws Affecting Discovery 37
• CHAPTER 4 Brief History of Privacy and Selected Electronic Surveillance Laws 39 James P. Martin and Harry Cendrowski
• Communications Act of 1934 40
• Title III?Omnibus Crime Control and Safe Streets Act, 1968
• 42
• Advancements in Telephone System Technologies 45
• Electronic Communications Privacy Act of 1986 47
• Notes 53
• CHAPTER 5 Electronic Communications Privacy Act 55 James P. Martin and Harry Cendrowski
• Title II?The Stored Communications Act 57
• 2703?Required Disclosure of Customer Communication or Records 61
• Backup Provisions 66
• Electronic Storage and the Ninth Circuit 66
• Pen Registers and Trap and Trace Devices 68
• Production Demands and the ECPA 71
• Notes 73
• CHAPTER 6 Proposed Legislative Changes and Future Laws 75 James P. Martin
• Points for Improvement 76
• Congressional Action 77
• Notes 78
• CHAPTER 7 The Control Concept and Related Issues 79 Matthew P. Breuer and James Martin
• The Application of Rule 34(a) 79
• Rule 34(a) in Litigation 81
• Flagg?A Modern Day Approach 86
• Notes 88
• CHAPTER 8 Current Issues in Cloud Data 91 James P. Martin and Matthew P. Breuer
• Cell Tower Data and Location Information 91
• StingRay and Location Monitoring 97
• BYOD Policies and Data Ownership 100
• Notes 102
• CHAPTER 9 The Rise of Social Media and Its Role in Litigation
• 105 Sarah Marmor and Deirdre Fox
• Roots of Social Media 105
• Why, How, and When to Access Data on Social Media in Litigation
• 106
• Obligations to Preserve Evidence 107
• Accessing Social Media 108
• Using Social Media in Litigation 115
• Notes 120
• SECTION THREE?Relevant Cases 131
• CHAPTER 10 Modern Case Analysis Shaping Litigation 133 Matthew P. Breuer and James P. Martin
• O?Grady v. Superior Court, 139 Cal.App.4th 1423 (2006)
• 133
• Krinsky v. Doe 6, 72 Cal.Rptr.3d 231 (2008) 136
• Flagg v. City of Detroit, 252 F.R.D. 346 (E.D. Mich 2008)
• 138
• Warshak v. U.S., 631 F.3d 266 (6th Circ. 2010) 143
• Ehling v. Monmouth-Ocean Hospital, 872
• F.Supp.2d 369 (D.N.J. 2012) 146
• Juror Number One v. California, 206 Cal.App. 4th 854 (2012)
• 148
• Summary of Cases 150
• Notes 153
• CHAPTER 11 Cloud Computing and Reasonable Expectations of Privacy: Fourth Amendment Concerns 155 Matthew P. Breuer and James P. Martin
• Ex Parte Jackson, 96 U.S. 727 (1877) 156
• Olmstead v. United States, 277 U.S. 438 (1928) 158
• Katz v. United States, 88 S.Ct. 507 (1967) 159
• United States v. Miller, 425 U.S. 435 (1976) 160
• United States v. Jacobsen, 466 U.S. 109 (1984) 163
• United States v. Jones, 132 S.Ct. 945 (2012) 165
• Summary of Cases 166
• Notes 169
• CHAPTER 12 Compelled Production of Cloud Computing Data: Fifth Amendment Concerns 171 Matthew P. Breuer and James P. Martin
• United States v. Doe, 465 U.S. 605 (1984) 172
• Doe v. United States, 487 U.S. 201 (1988) 174
• United States v. Hubbell, 530 U.S. 27 (2000) 176
• In re Boucher, 2009 WL 424718 (D. Vt. 2009) 178
• In re Grand Jury Subpoena Duces Tecum, March 25, 2011, 670 F.3d
• 1335 (11th Circ. 2011) 180
• Notes 183
• ABOUT THE CONTRIBUTORS 185
• ABOUT THE AUTHORS 187
• ABOUT THE COMPANION WEBSITE 189
• INDEX 191.
• (source: Nielsen Book Data)

Explore the frontier of electronic discovery in the cloud Cloud Computing and Electronic Discovery comprehensively covers the quickly-evolving realm of eDiscovery in cloud computing environments, a computing and legal frontier in which the rules and legal precedents are being developed anew seemingly by the day. The book delves into this fascinating and rapidly-developing topic to prepare fraud investigators, legal professionals, forensic accountants, and executives understand the ramifications of storing data with third party providers and how such storage mechanisms relate to the limits of discovery practices. This up-to-date resource also includes a complete discussion of the few existing legal precedents and current cases that are shaping interpretation of discovery laws in the cloud space, a perfect overview for executives storing their companies' data in the cloud and the legal professionals tasked with understanding and interpreting the discovery rules surrounding that data. The book is comprehensive in scope and includes: An overview of current trends in cloud computing, including potential information that should be considered in an investigation that involves data held by a cloud service provider Updates on current and proposed laws governing discovery of information held by a third party cloud service provider Updates on legal cases that address the issues of the Electronic Communication Privacy Act, the Federal law prohibiting release of information by a third party provider Practical guidance on how to consider the availability of cloud data relevant to an investigation, and how to include this data in discovery plans For business, accounting, and legal professionals, Cloud Computing and Electronic Discovery is an invaluable resource for understanding the nuanced development of cloud eDiscovery policies, practices, and law as they continue to unfold and develop.
(source: Nielsen Book Data)

• The Wireless Telephone System - a Primer Experts Common Types of Phone Records Motions and Discovery of Records Locating Cell Phones and Connected Devices Other Types of Record Analysis.
• (source: Nielsen Book Data)

Cell Phone Location Evidence for Legal Professionals: Understanding Cell Phone Location Evidence from the Warrant to the Courtroom is a guide, in plain language, for digital forensics professionals, attorneys, law enforcement professionals and students interested in the sources, methods and evidence used to perform forensic data analysis of cell phones, call detail records, real time ping records and geo-location data obtained from cellular carriers and cell phones. Users will gain knowledge on how to identify evidence and how to properly address it for specific cases, including challenges to the methods of analysis and to the qualifications of persons who would testify about this evidence. This book is intended to provide digital forensics professionals, legal professionals and others with an interest in this field the information needed to understand what each type of evidence means, where it comes from, how it is analyzed and presented, and how it is used in various types of civil and criminal litigation. Relevant case law are included, or referred to, as appropriate throughout this book to give the reader an understanding of the legal history of this type of evidence and how it is being addressed by various state and federal courts.
(source: Nielsen Book Data)

• Preface-- Civil Rights of Individuals with Disabilities: The Opinions of Judge Sotomayor-- Judge Sonia Sotomayor: Analysis of Selected Opinions-- The Nomination of Judge Sonia Sotomayor: A Review of Second Circuit Decisions Relating to Reproductive Rights-- Index.
• (source: Nielsen Book Data)

Judge Sonia Sotomayor was nominated by President Obama to the U.S. Supreme Court on May 26, 2009. This book explores and examines selected opinions written by Judge Sotomayor relating to the civil rights of individuals with disabilities and includes a discussion of cases relating to the Americans with Disabilities Act (ADA), and also reviews her opinions involving abortion and family planning practices. This book considers also Judge Sotomayor's extensive record, compiled from years as a lawyer, prosecutor, district court judge, and appellate court judge, to better understand her legal approaches and judicial philosophy. This book consists of public documents which have been located, gathered, combined, reformatted, and enhanced with a subject index, selectively edited and bound to provide easy access.
(source: Nielsen Book Data)

• PART I Introduction. The Representativeness - Effectiveness Dilemma-- Moira MacKinnon and Ludovico Feoli PART II.
• 1. Reflections on the Effectiveness and Representativeness of the Chilean Congress-- Eduardo Aleman
• 2. Argentina's Unrepresentative and Unaccountable Congress Under the Kirchners-- Mark P. Jones and Juan Pablo Micozzi
• 3. Effectiveness and Representation: Effects on Federal Deputies' Career Choice and Reelection-- Lucio Renno and Carlos Pererira
• 4. Representation and Decision Making in the Mexican Congress-- Maria Amparo Casar
• 5. Congress in Action: Representativeness and Effectiveness in Chile and Argentina (1900-1930)-- Moira MacKinnon PART III.
• 6. Effectiveness and Accessibility of Justice System Institutions in Mexico's Transition to Democracy-- Julio Rios Figueroa
• 7. The Role of Chile's Constitutional Court in the Consolidation of Democracy (1990-2011)-- Javier Couso
• 8. Courting from the Left: Judicial Effectiveness and Representativeness in the Brazilian State of Acre-- Matthew C. Ingram
• 9. Judiciary and Democracy in Argentina-- Daniel Alberto Sabsay PART I
• V. 10. Meanings and Challenges of Representativeness in Brazilian Civil Society-- Evelina Dagnino
• 11. Reflections on the 'Representativeness' of Civil Society Organizations: An Analysis of Recent Latin American trends-- Enrique Peruzzotti
• 12. Democratic Institutions and Public Effectiveness of Chilean Civil Society in the Post Nineties-- Gonzalo Delamaza PART V: Conclusion.
• (source: Nielsen Book Data)

Legislatures, the judiciary and civil society are important actors in representative democracies. In what ways and how well do they represent? And how effectively do they carry out their institutional and social roles? Both questions refer to the key dimensions of democracy analyzed in this book: representativeness and effectiveness, respectively. While they have been developed separately in scholarly work on institutions and regimes, there is little work considering them simultaneously, and on their interaction. Using quantitative and/or qualitative methods, contributions from top scholars in the field of legislatures, the judiciary and civil society examine these two concepts and their relationships in four Latin American countries: Argentina, Brazil, Chile, and Mexico. Designed to guide the reader through the complexities of this debate, each expert engages in a larger set of theoretical debates about different approaches to representation in each sphere. In doing so, they debate how effectively these spheres carry out their roles in each country: whether a congress is institutionalized, its accountability, and its performance as a lawmaker; whether a judicial system is independent, carries out oversight, and protects citizen rights; and the role of civil society in a representative democracy. Representation and Effectiveness in Latin American Democracies is a timely and welcomed contribution to the to the growing debate about the quality of democracy in Latin America, and the developing world more generally.
(source: Nielsen Book Data)