Nbr. 14, January 2009
- Judicial participation in plea negotiations: the elephant in chambers.
- Navigating e-discovery in the Massachusetts state trial courts.
- A free pass for corporate conspirators? Inconsistent distinctions between civil and criminal corporate conspiratorial liability.
- The uncertain status of the legal certainty test: the need for consistency among federal courts when determining the amount-in-controversy.
- Class action certification in private securities litigation: endangered species?
- Spoliation in a digital world: proposing a new standard of culpability in Massachusetts for an adverse inference instruction.
- Criminal law - inconclusive DNA test results admitted as relevant evidence despite absence of random match probability analysis - Commonwealth v. Mattei.
- Criminal law - Wartime Suspension of Limitations Act extends filing time for fraud claims against Big Dig contractors - United States v. Prosperi.
- Constitutional law - in-home interrogation in a police-dominated atmosphere ruled custodial requiring Miranda warnings - United States v. Craighead.