Wednesday, April 15, 2009

The Law and Principles of Evidence in Cyberspace

Work continues apace on Spindle Law's evidence module. The worker bees on the evidence module are, at present, Peter Tillers and Joannes Vinarao-Pilapil.
In the event you forgot: The "evidence module" is akin, in varying degrees, to the following:

  • a mini-treatise on the law of evidence (mainly the U.S. federal law of evidence)
  • a taxonomy of the law of evidence
  • an outline of the law of evidence
  • a budding intelligent data base about the law of evidence
  • a platform for collaborative development -- via the astonishing thing called the internet -- of an intelligent (and free) storehouse of knowledge, analysis, and argument about the law of evidence.
    Of all of the above categories, the last probably best captures the spirit of the evidence module. (But in time -- as the evidence module grows -- the evidence module should become wider and deeper in certain respects than any existing treatise on the law of evidence.)
  • Joannes and I have been diligently working on various parts of the evidence module, including those parts relating to proof procedure, relevance, undue prejudice, hearsay, impeachment, and privileges. But much remains to be done.

    Our work on the propensity rule (including "other crimes evidence"), evidence of habit and routine practice, and related matters is most nearly ready for a public beta release. The Spindle Law web site has recently been upgraded. Before releasing this part of the module, we and David Gold and his colleagues need to work out some issues about matters such as the handling of (i) exceptions to rules and (ii) case parentheticals and case summaries. In addition, Joannes and I want to be sure there is enough commentary in the initial beta material to whet the appetite of those of you out there -- those creative souls in the legal community -- who might enjoy taking part in public discussion, debate, and development of a storehouse of professionally-informed knowledge about the law of evidence in the United States.

    I am excited by this experiment with an evidence module, an experiment made possible by Spindle Law. While the evidence module may not cure the world's ills -- or even the ills of the legal system --, I think it may, in a small way, contribute to the welfare of our society and to knowledge of an important part of the American legal system. Less grandiosely, I hope and I believe that the evidence module will be useful to "legal professionals" such as judges, lawyers, law students, and law professors.

    So stay tuned. I will be asking for your thoughts, your advice, and your contributions. And please note: Should you want that to happen, your name will be attached to your contributions (however large or small) to the evidence module, and thus -- should you wish to accept it -- you have a chance to gain more than just a paltry 15 minutes of fame.







    4 comments:

    Ray said...

    The evidence module seems of great potential professor Tillers. The idea is also very interesting for Civil Law countries.

    Peter Tillers said...

    Ray, I see no reason why evidence modules could not be created for countries with Civil Law systems. Best wishes, Peter T

    Cyberlaw said...

    My name is Dr. Zulfiquar Ahmed. I am Bangladeshi. Probably I have been earned the first ever PhD degree on Cyber law in 2007 entitled 'Growth of Uses of Computer Network and Internet in Bangladesh: Cyber Law Related Challenges and Responses', which PhD degree on Cyber law enables Bangladesh to explore not only the law but also the legal issues and policy debates which underlie regulation as the name of “Information and Communication Technology Act, 2006”. During my research, I especially introduced Cyberlaw as a new course in various universities. The opening new course in different universities has really changed legal perceptions and outlook of law graduates.
    However, I have always been a dreamer, and is a kind of person who would strive to reach my dreams. It is this attitude that has brought me to so many incredible achievements in life so far. If you give me a chance to to expand my perspectives about differences, to redefine my concepts about tolerance, and to enhance my sensitivity for others’ background. Living in a world of full strangers, I realize that a broad mindset, positive responses, and welcoming attitude could easily help make this world much brighter. Regarding this Fellowship, there are always so many to tell, but to conclude: I know now I have a dream, like many others too. I know we have to believe in our dream and struggle to achieve it. I believe there is one that will always stand by us who treasure our dreams.
    Thank you in anticipation.

    Sincerely yours
    Dr. Zulfiquar Ahmed
    Associate Professor
    Department of Law
    Rajshahi University
    Bangladesh
    zulfiquarty@yahoo.com
    zulfiquarcyberlaw@gmail.com
    +88 01712534626; 01191637262
    Fax: 880 721 750064
    2

    Peter Tillers said...

    Dear Dr. Ahmed, I admire your dedication and idealism; and I strongly encourage you to follow your dream. I would enjoy seeing posts here about your interests and activities. Or perhaps you could refer all of us to a web site or sites with more information about you and your professional activities? Sincerely yours, Peter