Friday, April 17, 2009

Law Review Articles: Using Facebook in Litigation, and the Daubert Revolution

From the Torts Prof Blog, links to a recent law review articles worth reading.

Facebook:

Here is an article worth reading on how Facebook.com's pages are deemed discovery in the context of Canadian Court. In the U.S., expect the same treatment.

A quote from the article:Canadian courts have considered web-based networking sites such as Facebook and MySpace pages to be ‘documents’ subject to discovery.

I always ask my client if he/she uses Facebook, Myspace, or other S.M. If you're not, be ready for a surprise at your client's deposition, and I don't mean surprise as in surprise party - I mean it as in, "Wow, is that really you doing a tequila body shot at a Panama City Beach bar? I thought you needed back surgery."


Daubert:

A paper addresses Daubert's limitations and suggests that the relevant problems demand resolution before one can conclude that the Daubert revolution is complete.

Download it here.