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I am part of a small group of friends, many of whom, like myself, attended a boarding school outside of Princeton, New Jersey in the early 1970s. The leader of this group sends emails that contain recent writings and he and other members of the group engage in interesting discussions regarding those writings. A favorite topic is the impact that scientific discoveries and changes have upon society.
Recently, one of the discussions concerned scientific method. One side championed the classic steps of scientific method, e.g., systematic observation, measurement and experiment, and the formulation, testing, and modification of hypotheses. The opposition retorted that while scientific method sounds good when teaching young and eager students, in reality what takes place is hardly the seamless movement from one step to the next until the truth is revealed. This article discusses scientific method as it applies to the growth of e-discovery and its protocols.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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