Articles, notes, and symposia pieces published in CLR’s print volumes.
Print Edition
He Said. She Said. The iPhone Said. The Use of Secret Recordings in Domestic Violence Litigation
This Note explores the use of secret recordings in domestic violence litigation. It is particularly concerned with how the criminalization of domestic violence influences the laws governing the creation and use of secret recordings in this context. Secret recordings can provide determinative evidence of domestic violence. However, a domestic violence survivor who makes a secret recording is criminally and civilly liable under California’s Anti-Eavesdropping Statute (CEPA). CEPA also renders secret recordings inadmissible as evidence.