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Justin P. Murphy & Matthew A.S. Esworthy: The ESI Tsunami: A Comprehensive Discussion about Electronically Stored Information in Government Investigations and Criminal Cases, 27 Criminal Justice 31 (Spring 2012):

Dealing with electronically stored information (ESI), for clients, prosecutors, and defense attorneys, has steadily grown into a tsunami of cost and complexity—with little guidance provided by courts and none from the rules. Moreover, the paradigms developed in civil litigation to curb ESI discovery abuses are often not effective in the criminal system, due to the onesided nature of ESI burdens and demands in government investigations and criminal matters and the absence of costeffective methods sanctioned by courts to resolve criminal discovery disputes. The world of criminal e-discovery continues to evolve every day, particularly in the contexts of subpoena compliance, social media, Fourth Amendment issues, and postindictment discovery.

The article has helpful sections on:
• Subpoena Compliance,
• Social Media, the Internet, and Admissibility
• ESI and the Fourth Amendment
--CDT and the Ninth Circuit's standards
--Increasing judicial skepticism
--Warrantless searches of cellular telephones
--Warrantless use of GPS tracking devices
• Postindictment Discovery

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President Obama delivers remarks on the economy and the state of the Eurozone.

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In previous commentaries in this series, I have lamented the fact that so many elementary schools have abolished recess, and some new schools are even being built without playgrounds. Having raised both sons and daughters, I know that boys, especially, need to run around on the playground in mid-morning and mid-afternoon if they are to come back into the classroom and learn anything. They Phyllis Schlaflyhttp://www.blogger.com/profile/11930380089191812969noreply@blogger.com0

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