Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication Year
Articles 1 - 17 of 17
Full-Text Articles in Law
Black And White And Read All Over: Press Protection After Branzburg, Sean W. Kelly
Black And White And Read All Over: Press Protection After Branzburg, Sean W. Kelly
Duke Law Journal
In 1972, the Supreme Court handed the press an apparent resounding defeat in Branzburg v. Hayes, declaring that the Constitution provided reporters no privilege from testifying about their confidential sources. This Note uses previously unpublished materials from the Justices' personal files to illustrate the behind-the-scenes deliberations as the Court shifted in ideology from the propress posture established by Justice Hugo Black in the Pentagon Papers case to the anti-privilege position established by Justice Byron White one year later in Branzburg. It also examines the curious concurring opinion of Justice Lewis Powell in Branzburg and subsequent efforts to craft a qualified …
Use Of Lawyer-Client Privileged Information By In-House Counsel Whistleblowers In Their Own Retaliatory Discharge Actions Under The Environmental Laws, David A. Drachsler
Use Of Lawyer-Client Privileged Information By In-House Counsel Whistleblowers In Their Own Retaliatory Discharge Actions Under The Environmental Laws, David A. Drachsler
Duke Environmental Law & Policy Forum
No abstract provided.
Inadvertent Disclosure, The Attorney-Client Privilege, And Legal Ethics: An Examination And Suggestion For Alaska, Joshua K. Simko
Inadvertent Disclosure, The Attorney-Client Privilege, And Legal Ethics: An Examination And Suggestion For Alaska, Joshua K. Simko
Alaska Law Review
No abstract provided.
Attorney-Client Relationships In Cyberspace: The Peril And The Promise, Catherine J. Lanctot
Attorney-Client Relationships In Cyberspace: The Peril And The Promise, Catherine J. Lanctot
Duke Law Journal
Despite the legal profession's historical resistance to technological advances, the burgeoning world of cyberspace is bringing change to the practice of law. As laypeople flock to the Internet to seek help with their legal problems, lawyers are going online to provide such assistance. Yet, these exchanges are occurring without close consideration of whether they create attorney-client relationships-the source of weighty ethical and legal obligations. In many cases, lawyers seek to avoid the consequences of such relationships merely by disclaiming their existence. In this Article, Professor Lanctot examines the issue of lawyer-layperson communications in cyberspace from doctrinal and historical perspectives. The …
Attorney-Client Privilege: The Eroding Concept Of Confidentiality, Paul R. Rice
Attorney-Client Privilege: The Eroding Concept Of Confidentiality, Paul R. Rice
Duke Law Journal
No abstract provided.
Confidentiality And Disclosure In Accreditation, Timothy Stoltzfus Jost
Confidentiality And Disclosure In Accreditation, Timothy Stoltzfus Jost
Law and Contemporary Problems
The law and the internal policies of accrediting entities have protected the confidentiality of accreditation information, but regulators who rely on accreditation decisions for public purposes are demanding greater access to this information. The litigation involving access to accrediting information is examined.
Child Abuse Reporting Laws And Attorney-Client Confidences: The Reality And The Specter Of Lawyer As Informant, Robert P. Mosteller
Child Abuse Reporting Laws And Attorney-Client Confidences: The Reality And The Specter Of Lawyer As Informant, Robert P. Mosteller
Duke Law Journal
No abstract provided.
Clients, Lawyers And The Fifth Amendment: The Need For A Projected Privilege, Kevin R. Reitz
Clients, Lawyers And The Fifth Amendment: The Need For A Projected Privilege, Kevin R. Reitz
Duke Law Journal
No abstract provided.
The Lawyer As Informer, Gerard E. Lynch
A Critical Appraisal Of The Justice Department Guidelines For Grand Jury Subpoenas Issued To Defense Attorneys, Michael F. Orman
A Critical Appraisal Of The Justice Department Guidelines For Grand Jury Subpoenas Issued To Defense Attorneys, Michael F. Orman
Duke Law Journal
No abstract provided.
The Case For A Federal Psychotherapist-Patient Privilege That Protects Patient Identity, Ellen S. Soffin
The Case For A Federal Psychotherapist-Patient Privilege That Protects Patient Identity, Ellen S. Soffin
Duke Law Journal
No abstract provided.
The Shareholders’ Derivative-Claim Exception To The Attorney-Client Privilege
The Shareholders’ Derivative-Claim Exception To The Attorney-Client Privilege
Law and Contemporary Problems
No abstract provided.
Discovery Of Federal Income Tax Returns And The New “Qualified” Privileges, William A. Edmundson
Discovery Of Federal Income Tax Returns And The New “Qualified” Privileges, William A. Edmundson
Duke Law Journal
No abstract provided.
Testimonial Privileges And The Preferences Of Friendship, Sanford Levinson
Testimonial Privileges And The Preferences Of Friendship, Sanford Levinson
Duke Law Journal
Professor Levinson distinguishes two difficulties in the law of testimonial privilege. The first is that of identifying the core of concerns that the law of privilege is intended to address. The second is that of explaining how the structure of the positive law "fits" these core concerns. Analysis of the first difficulty shows that privilege law imputes to intimacy a value that is not reducible to the individualistic concerns that underlie the privilege against self-incrimination. Discussion of the second difficulty reveals that the law evasively and unthinkingly has compromised the value it would-and ought to-accord to intimate relationships.
The Attorney’S Duty To Reveal A Client’S Intended Future Criminal Conduct, Timothy J. Miller
The Attorney’S Duty To Reveal A Client’S Intended Future Criminal Conduct, Timothy J. Miller
Duke Law Journal
No abstract provided.
Protecting The Auditor’S Work Product From The Irs, Jean Gordon Carter
Protecting The Auditor’S Work Product From The Irs, Jean Gordon Carter
Duke Law Journal
No abstract provided.
The Obligations Of Banks In The Public Securities Markets, Stephen J. Greenberg, William C. Mack, Jeffrey L. Schulte
The Obligations Of Banks In The Public Securities Markets, Stephen J. Greenberg, William C. Mack, Jeffrey L. Schulte
Duke Law Journal
No abstract provided.