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After decades of focus on harmonization, which for too many represents no more than Western legal dominance and a largely homogeneous arbitration practitioner community, this ground-breaking book explores the increasing attention being paid to the need for greater diversity in the international arbitration ecosystem. It examines diversity in all its forms, investigating how best to develop an international arbitral order that is not just tolerant of diversity, but that sustains and promotes diversity in concert with harmonized practices.
Commercial Litigation aims to provide a first port of call for clients and lawyers to start to appreciate the issues in each jurisdiction. Each chapter is set out in such a way that readers can make quick comparisons between the litigation terrain in each country, determining the differences between, for example, the disclosure procedure in England and Wales and the US system of discovery. In some cases the litigation procedure will seem very familiar. In other cases it may seem like another world, not just another country.A remarkable breadth of jurisdictions is covered, while the contributors are all leading lawyers in their countries and are ideally placed to provide practical, straightforward commentary on the inner workings of their respective legal systems.
As the leading legal historian of his generation in Canada and professor at McGill University for over three decades, Blaine Baker (1952–2018) was known for his unique personality, teaching style, intellectual cosmopolitanism, and deep commitment to the place of Canadian legal history in the curriculum of law faculties. Law, Life, and the Teaching of Legal History examines important themes in Canadian legal history through the prism of Baker’s career. Essays discuss Baker’s own research, his influence within McGill’s law faculty, his complex personality, and the relationship between the private and the public in the life of a university intellectual at the turn of the twenty-first century. Inspired by topics Baker took up in his own writing, contributors use Baker’s broad interests in legal culture to reflect on fundamental themes across Canadian legal history, including legal education, gender and race, technology, nation building and national identity, criminal law and marginalized populations, and constitutionalism. Law, Life, and the Teaching of Legal History offers a contemporary analysis of Canadian legal history and thoughtfully engages with what it means to honour one individual’s enduring legacy in the study of law.
"Discovery is a central element of civil litigation--it is a mechanism in civil litigation to prepare both parties to a lawsuit to know the case that they have to meet so they can prepare for trial or resolve their disputes by settlement. The book covers the principles of and approaches to discovery, and gives practical advice on the techniques and tactics to be deployed, and ethical issues. As well, the book serves as a "how-to" quick manual on conducting discovery in all common law jurisdictions in Canada (i.e., all provinces except Quebec) and explains and updates the discussion in light of current e-discovery practices."--
Digital forensics has been a discipline of Information Security for decades now. Its principles, methodologies, and techniques have remained consistent despite the evolution of technology, and, ultimately, it and can be applied to any form of digital data. However, within a corporate environment, digital forensic professionals are particularly challenged. They must maintain the legal admissibility and forensic viability of digital evidence in support of a broad range of different business functions that include incident response, electronic discovery (ediscovery), and ensuring the controls and accountability of such information across networks. Digital Forensics and Investigations: People, Process, and Technologies to Defend the Enterprise provides the methodologies and strategies necessary for these key business functions to seamlessly integrate digital forensic capabilities to guarantee the admissibility and integrity of digital evidence. In many books, the focus on digital evidence is primarily in the technical, software, and investigative elements, of which there are numerous publications. What tends to get overlooked are the people and process elements within the organization. Taking a step back, the book outlines the importance of integrating and accounting for the people, process, and technology components of digital forensics. In essence, to establish a holistic paradigm—and best-practice procedure and policy approach—to defending the enterprise. This book serves as a roadmap for professionals to successfully integrate an organization’s people, process, and technology with other key business functions in an enterprise’s digital forensic capabilities.
The ultimate guide to electronic records management, featuring a collaboration of expert practitioners including over 400 cited references documenting today's global trends, standards, and best practices Nearly all business records created today are electronic, and are increasing in number at breathtaking rates, yet most organizations do not have the policies and technologies in place to effectively organize, search, protect, preserve, and produce these records. Authored by an internationally recognized expert on e-records in collaboration with leading subject matter experts worldwide, this authoritative text addresses the widest range of in-depth e-records topics available in a single volume. Using guidance from information governance (IG) principles, the book covers methods and best practices for everything from new e-records inventorying techniques and retention schedule development, to taxonomy design, business process improvement, managing vital records, and long term digital preservation. It goes further to include international standards and metadata considerations and then on to proven project planning, system procurement, and implementation methodologies. Managing Electronic Records is filled with current, critical information on e-records management methods, emerging best practices, and key technologies. Thoroughly introduces the fundamentals of electronic records management Explains the use of ARMA's Generally Accepted Recordkeeping Principles (GARP®) Distills e-records best practices for email, social media, and cloud computing Reveals the latest techniques for e-records inventorying and retention scheduling Covers MS SharePoint governance planning for e-records including policy guidelines Demonstrates how to optimally apply business process improvement techniques Makes clear how to implement e-document security strategies and technologies Fully presents and discusses long term digital preservation strategies and standards Managing e-records is a critical area, especially for those organizations faced with increasing regulatory compliance requirements, greater litigation demands, and tightened internal governance. Timely and relevant, Managing Electronic Records reveals step-by-step guidance for organizing, managing, protecting, and preserving electronic records.