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Full-Text Articles in Law
The Right To Remain Silent: Addressing A Government Attorney Client Privilege In The Context Of A Grand Jury Subpoena, Matan Shmuel
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
A Hobson's Choice: Ensuring Open Government Or Conserving Government Funds, Michele L. Mekel
A Hobson's Choice: Ensuring Open Government Or Conserving Government Funds, Michele L. Mekel
Michele L Mekel
Part and Parcel of American democracy is the notion that governmental functions should be carried out in a manner that is open to public scrutiny and accessible to the people. Capturing this belief, sunshine laws and freedom of information statutes requiring public access to government meetings and records began to emerge as early as 1898. Following the 1966 passage of the Federal Freedom of Information Act, states that lacked such provisions adopted open records and open meetings laws. Currently all 50 states and the District of Columbia have statutory provisions that allow public access to official records and meetings. Nevertheless, …