Invocations as evidence: admitting nonparty witness invocations of the privilege against self-incrimination

Article Abstract:

Nonparty witness invocation of the Fifth Amendment can be used as evidence in court hearings. Evidentiary use of such invocations does not violate either the Fifth Amendment or the Federal Rules of Evidence. Such evidence should be admitted in both civil and criminal trials. Judges should ensure that any such invocation's prejudicial impact does not exceed probative value. Such testimony should be admitted or not admitted according to the same standards as other testimony.

Witnesses, Self-incrimination, Self incrimination

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Former corporate officers and employees in the context of the collective entity and act of production doctrines

Article Abstract:

The author examines the question of whether a former employee of a corporation can be compelled to produce company documents under the collective entity doctrine. She concludes that he may be so compelled if a fiduciary duty is continuing, but not otherwise.

Fiduciary duties, Evidence, Documentary, Documentary evidence

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Taking notes: subpoenas and just compensation

Article Abstract:

The application of the Fifth Amendment takings clause to subpoena duces tecum for physical evidence and compensation for the taking of evidence as property is analyzed.

Eminent domain (Law)

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