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"Now in its 14th edition, Documentary Evidence is a comprehensive guide to the legal obligations of disclosure. Logically presented and lucidly written, it provides detailed analysis and sensible practical advice. Following a chronological structure, it shows when and how a practitioner should take action in relation to the obligation to disclose. It is a standard work that is often cited in court judgments. Under the Civil Procedure Rules the parties to an action are encouraged to adopt a "cards-on-the-table" approach toward the exchange of information, not just once litigation has commenced but before as well. It is likely in the early stages that a few documents will be identified as being relevant or key to the matter at hand. These will be used to provide advice as to the merit or not of proceeding with the dispute. If the decision is taken to proceed, the law imposes a requirement to make full and proper disclosure, which is the process whereby the parties to an action disclose to each other all documents in their possession, custody or power relating to matters in question in the action. This title deals with the nature and scope of the obligation to disclose."
When independent filmmakers, activists, and amateurs document the struggle for rights, representation, and revolution, they instrumentalize images by advocating for a particular outcome. Ryan Watson calls this "militant evidence." In Radical Documentary and Global Crises, Watson centers the discussion on extreme conflict, such as the Iraq War, the occupation of Palestine, the war in Syria, mass incarceration in the United States, and child soldier conscription in the Congo. Under these conditions, artists and activists aspire to document, archive, witness, and testify. The result is a set of practices that turn documentary media toward a commitment to feature and privilege the media made by the people living through the terror. This footage is then combined with new digitally archived images, stories, and testimonials to impact specific social and political situations. Radical Documentary and Global Crises re-orients definitions of what a documentary is, how it functions, how it circulates, and how its effect is measured, arguing that militant evidence has the power to expose, to amass, and to adjudicate.
This insightful book introduces a range of innovative strategies for collecting contemporary textual documentary evidence. Featuring insightful vignettes, it comprises a critical guide to the various challenges of collecting documents to realize each of those strategies.
Documentary evidence : the laws of Australia (Second Edition) is also published as Subtitles 16.5 "Documentary Evidence" and 16.6 "Computer Produced Evidence" in Title 16 of The Laws of Australia encyclopaedia.
A historical-conceptual account of the different genres, technologies, modes of inscription, and innate powers of expression by which something becomes evident. In this book, Ronald Day offers a historical-conceptual account of how something becomes evident. Crossing philosophical ontology with documentary ontology, Day investigates the different genres, technologies, modes of inscription, and innate powers of expression by which something comes into presence and makes itself evident. He calls this philosophy of evidence documentarity, and it is through this theoretical lens that he examines documentary evidence (and documentation) within the tradition of Western philosophy, largely understood as representational in its epistemology, ontology, aesthetics, and politics. Day discusses the expression of beings or entities as evidence of what exists through a range of categories and modes, from Plato's notion that ideas are universal types expressed in evidential particulars to the representation of powerful particulars in social media and machine learning algorithms. He considers, among other topics, the contrast between positivist and anthropological documentation traditions; the ontological and epistemological importance of the documentary index; the nineteenth-century French novel's documentary realism and the avant-garde's critique of representation; performative literary genres; expression as a form of self evidence; and the “post-documentation” technologies of social media and machine learning, described as a posteriori, real-time technologies of documentation. Ultimately, the representational means are not only information and knowledge technologies but technologies of judgment, judging entities both descriptively and prescriptively.
In response to a request from Congress, Surface Temperature Reconstructions for the Last 2,000 Years assesses the state of scientific efforts to reconstruct surface temperature records for Earth during approximately the last 2,000 years and the implications of these efforts for our understanding of global climate change. Because widespread, reliable temperature records are available only for the last 150 years, scientists estimate temperatures in the more distant past by analyzing "proxy evidence," which includes tree rings, corals, ocean and lake sediments, cave deposits, ice cores, boreholes, and glaciers. Starting in the late 1990s, scientists began using sophisticated methods to combine proxy evidence from many different locations in an effort to estimate surface temperature changes during the last few hundred to few thousand years. This book is an important resource in helping to understand the intricacies of global climate change.
Central to the book’s purpose is the procedural challenge facing arbitrators at each and every stage of the arbitral process when fairness arguments conflict with efficiency concerns and trade-offs must be determined. Some key themes include how can a tribunal be fair, and in particular be neutral, if parties are so diverse? How can arbitration be made efficient and cost-effective without undue inroads into fairness and accuracy? How does a tribunal do what is best if the parties are choosing a suboptimal process? When can or must an arbitrator ignore procedural choices made by the parties? The author thoroughly evaluates competing arguments and adds his own practical tips, expertly synthesizing and engaging with the conference literature and differing authors’ views. He identifies criteria that offer a harmonized approach to each stage of the arbitral process, with particular attention to such aspects of international arbitration as: appropriate trade-offs between flexibility and certainty; the rights, duties and powers of arbitrators; appointment and challenge of arbitrators; responses to ‘guerilla’ tactics; drafting of arbitration agreements, including specialty clauses; drafting of required commencement notices and response documents; set-off; fast track arbitration and other efficiency options; strategic use of preliminary conferences and timetabling; online arbitration; multi-party, multi-contract, class arbitration; amicus and third party funders; pre-arbitral referees and interim relief; witness evidence, both factual and expert; documentary evidence, production obligations, and challenges to production; identifying applicable law; and remedies and costs.
This text aims to help both experienced and inexperienced practitioners to master the law in this dynamic and technical area, ensuring that they obtain the right documents and use them correctly prior to litigation. Written in a practical and modern style, this work analyzes topical problems from the points of view of both the defendant and the plaintiff, provides litigation tactics and strategies, and gives an in-depth appraisal of recent statutory and legislative developments in this area. This edition has been fully revised to incorporate new lawon disclosure introduced under the new Civil Procedure regime.
Discussions of “committed” documentary by a “committed” historian of film.
"What issues, of both form and content, shape the documentary film? What role does visual evidence play in relation to a documentary's arguments about the world in which we live? Can a documentary be believed, and why or why not? How do documentaries abide by or subvert ethical expectations? Are mockumentaries a form of subversion? In what ways can the documentary be an aesthetic experience and at the same time have political or social impact? And how can such impacts be empirically measured? Pioneering film scholar Bill Nichols investigates the ways in which documentaries strive for accuracy and truthfulness, but simultaneously fabricate a form that shapes reality. Such films may rely on re-enactment to re-create the past, storytelling to provide satisfying narratives, and rhetorical figures such as metaphor and expressive forms such as irony to make a point. In many ways documentaries are a fiction unlike any other. With clarity and passion, Nichols offers close readings of several provocative documentaries including Land without Bread, Restrepo, The Thin Blue Line, The Act of Killing, and Steve Jobs: The Man in the Machine as part of an authoritative examination of the layered approaches and delicate ethical balance demanded of documentary filmmakers"--Provided by publisher.