Author: privilege argument weak
Article Abstract:
Mark Rozell, who authored a book on executive privilege, feels Pres Clinton's claim of this privilege in his advisers with top aides Bruce Lindsey and Sidney Blumenthal to be very weak, although many experts predict that Special Prosecutor Kenneth Starr may win the battle over executive privilege in his investigation of the alleged relationship between ex-White House intern Monica Lewinsky and Clinton. Rozell asserts that independent counsel needs for information needs for information outweigh presidential claims of secrecy in this case.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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Privilege may not apply to litigation data bases; in the interests of fairness and efficiency, courts have ordered counsel to share data systems
Article Abstract:
A Minnesota court ruling in Minnesota v. Philip Morris Co. that the pursuit of efficiency took precedence over the work product privilege and that thus a large computerized litigation data base of the defendants had to be shared with the plaintiffs seems inconsistent with the requirement for independent preparation of the US judicial system. There was a conflation of the substantial need and undue hardship tests with the determination that because of the very large number of documents, the plaintiffs had shown both.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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