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.


Here is an article worth reading on how'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."


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.