e-Law — Meeting No. 10

I. Legal processes:

• Adjudication —
• Civil
• Criminal
• Administrative
• Rule formation —
• Legislation
• Administrative rules
• Public processes that support and/or constrain private actions, including transactions —
• Recording systems
• Permitting and licensing regimes
• Regulation
• Benefit distribution
• Private processes that are alternatives to public ones —
• ADR
• Rule enforcement —
• Policing
• Sanctioning
• Remedying
  

II. II. Components of adjudication processes

• Preparation of the case and exploration of settlement
• Presentation of evidence
• Electronic discovery and electronic evidence
• Computer-generated evidence versus computer stored documents versus computer data
• Rules of evidence and digital media
• Testimony
• Persuasion
• Addressed to fact-finder
• On points of law
• Deciding
• Retrieval and review of evidence and arguments
• Analytic and management tools for the judge
• Explaining decision
• Recording the proceeding
• Appellate proceedings — a more limited subset, but often with decision requiring collaboration (multi-judge panels)
  

III. Litigation tools (for lawyers)

• Case management / planning / analysis software
• Summation
• Concordance
• Casemap (screen)
• Computer-generated evidence - vendors / consultants
• Computer-stored evidence and computer records, distinguished
• Animators at law
• Legal Graphic Arts
• Visual Forensics
• Trial presentation software
• Trial Director
• Trial Navigator
• Sanction
• Videoconference option?
• When should the lawyer recommend a client resist (if there is a choice, e.g., Social Security or Medicare)?
• What are the system design considerations when used for criminal arraignments?

IV. Litigation tools (lawyers and judges)

• Judge - Real-time transcript, interactive benchbook, online legal research

• Jury - Access to evidence during trial, during deliberations
  
  
• Appellate court (10th Circuit)
• Briefs — Emergency order
• Videoconference oral argument
• 3^d Circuit, as well
• and until recently the 2d Circuit
• Virtual conferencing among judges — 5^th Cir. (now discontinued in favor of prior asynch paper exchange)

V. Next week:

• Readings
• Assigned: Shulman, Coglianese, eRulemaking at the Crossroads, and New DG Team ...
  
  
• Submission: Go to www.regulations.gov, pick a proposed rulemaking by APHIS, DOT, EPA, MSHA (or some other federal agency), review the background documents and comments received to date, proceed down the commenting path as far as you are comfortable (submitting a comment, if you are inclined). Submit a review of the process and interface.
  
  
• November 21 (midnight):
• Your paper in draft