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Criminal Law

2012

Government

Articles 1 - 2 of 2

Full-Text Articles in Law

United States V. Alvarez-Machain: Kidnapping In The "War On Drugs" - A Matter Of Executive Discretion Or Lawlessness?, Michael G. Mckinnon Nov 2012

United States V. Alvarez-Machain: Kidnapping In The "War On Drugs" - A Matter Of Executive Discretion Or Lawlessness?, Michael G. Mckinnon

Pepperdine Law Review

No abstract provided.


The Right To Remain Silent: Addressing A Government Attorney Client Privilege In The Context Of A Grand Jury Subpoena, Matan Shmuel Jan 2012

The Right To Remain Silent: Addressing A Government Attorney Client Privilege In The Context Of A Grand Jury Subpoena, Matan Shmuel

Matan Shmuel

This article presents a resolution for the circuit split over whether a federal agency can invoke the attorney client privilege in a federal grand jury investigation. This article analyzes the current state of the law across each circuit and provides a resolution of the conflict for the supreme court to consider. The resolution involves a balancing test which weighs three competing factors: public need for the information; government need in confidentiality; and grand jury interest in the information. The solution is intended for the supreme court to consider when this issue hits the court