Court ducks larger privilege issues yet again
Article Abstract:
The US Supreme Court failed in Swidler & Berlin v. U.S., Independent Counsel Kenneth Starr's challenge to the claim of attorney-client privilege for notes of a lawyer's meeting with the since dead White House Counsel Vincent Foster, to confront the very basis of American privilege doctrine. To Dean John Wigmore, author of the privilege law, the only justification for recognizing the privilege was an instrumental theory, but the privilege cannot survive on an instrumental rationale. The privacy theory deserves more detailed analysis than the court has given it.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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Proper test procedures
Article Abstract:
The need for proper test procedures for expert evidence is discussed. Standards for DNA evidence are included, and the fallibility of human beings using the technologies involved also influences the result.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2003
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Waiver raised to the second power: waivers of evidentiary privileges by lawyers representing accused being tried in absentia
Article Abstract:
j
Publication Name: South Carolina Law Review
Subject: Law
ISSN: 0038-3104
Year: 2005
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