Why this work is in the frame
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Bibliographic record
Abstract
This Article proposes that courts should refrain from imposing adverse inference jury instructions as sanctions for the spoliation of evidence. This proposal bears some similarity to the approach taken twenty years ago by the 1993 amendments to Rule 11, which constrained courts' ability to sanction. Instead of imposing an adverse jury instruction as a sanction for spoliation of evidence, courts should allow evidence of spoliation to be admitted at trial if a reasonable jury could find that spoliation had occurred and if the spoliation was relevant to a material issue. If a court allows the introduction of evidence of spoliation at trial, it should also allow argument by attorneys on whether the jury should infer that the spoliated evidence was unfavorable to the spoliator. This does not require an adverse inference instruction. Instead, the court should rely on attorney advocacy and the good sense of jurors to decide whether spoliation has occurred, and if so, how the proof of spoliation should affect the outcome of the trial. Following this introduction, the Article examines how courts have traditionally dealt with the spoliation of evidence. Next the Article discusses the current law on inferences and presumptions under the Federal Rules of Evidence. Then the Article provides an analysis of two landmark decisions from 2010 on the spoliation of evidence and adverse inferences. In Pension Committee of the University of Montreal Pension Plan v. Banc of America Securities, LLC, Judge Scheindlin imposed an adverse inference instruction as a sanction for certain parties' grossly negligent conduct. The instruction included a presumption that the spoliated evidence was both relevant and would have been favorable to the innocent parties. In Rimkus Consulting Group, Inc. v. Cammarata, Judge Rosenthal also imposed an adverse inference instruction as a sanction, but she based the sanction on evidence that the spoliation was intentional. In addition, she framed the jury instruction as an inference rather than a presumption. After the analysis of Pension Committee and Rimkus, the Article urges courts to rely on attorney advocacy rather than sanctions to address the spoliation of evidence in most cases. A brief conclusion follows.
Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.
Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.000 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.000 | 0.000 |
| Scholarly communication | 0.000 | 0.001 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.000 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it