A.W. Brian Simpson. Cannibalism and the Common Law: The Story of the Tragic Last Voyage of the Mignonette and the Strange Legal Proceedings to Which it Gave Rise. Chicago: University of Chicago Press. 1984. Pp. xiv, 353. $25.00.

1984 ◽  
Vol 16 (4) ◽  
pp. 440-441
Author(s):  
John V. Orth
1938 ◽  
Vol 6 (3) ◽  
pp. 404-420
Author(s):  
E. Wyndham White

In what are generally known as ‘running-down’ cases, that is to say, actions of negligence by pedestrians against motorists who have caused them injuries, the pedestrian, like every other plaintiff, has to discharge the burden of showing that the accident was due to the negligence of the motorist. This burden is made heavier by the fact that in most cases the pedestrian will have been disabled at the time of the accident from observing accurately the exact circumstances of the case and from enlisting the support of eye-witnesses. This latter disadvantage is a very real one if one takes into consideration the extraordinary reluctance of the average citizen to come forward and testify voluntarily in legal proceedings. The appalling wastage of human life and the suffering caused by road accidents in recent years is reflected in the anxiety of legislators to devise regulations for the protection and safeguarding of all road-users, and pedestrians in particular. The time is apt, therefore, to consider once again the desirability of altering in this class of cases the common law burden of proof of negligence.


2010 ◽  
Vol 11 (3) ◽  
Author(s):  
Karl Geercken ◽  
Kelly Holden ◽  
Michael Rath ◽  
Mark Surguy ◽  
Tracey Stretton

AbstractIn the context of internal or regulatory investigations or other legal proceedings, companies located in Europe may be forced to disclose electronically stored information such as e-mails on short notice in order to comply with any such internal or regulatory request or applicable procedural electronic discovery regulations. These disclosure requirements may have considerable breadth, and non-compliance can lead to severe sanctions.Part I of this article describes the American procedure of e-discovery. Part II provides a brief description of the British concept of e-disclosure and considers how it differs from the American concepts of e-discovery. Part III shows - as one prominent example for civil code jurisdictions in the European Union (for an overview of other jurisdictions see The Sedona Conference, International Overview of Discovery, Data Privacy and Disclosure Requirements, September 2009) - the German regime for e-discovery requests and highlights some data protection issues to be observed. Part IV examines how the conflict existing between the common law concept of e-evidence and the civil law principles could be harmonized. Finally, part V gives some examples of how technology can be used to support e-discovery and to establish processes in compliance with applicable data privacy laws.


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