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Full-Text Articles in Law
Adjusting The Asylum Bar: Neguise V. Holder And The Need To Incorporate A Defense Of Duress Into The "Persecutor Bar", Melani Johns
Adjusting The Asylum Bar: Neguise V. Holder And The Need To Incorporate A Defense Of Duress Into The "Persecutor Bar", Melani Johns
Golden Gate University Law Review
This Comment explores the different interpretations of the "persecutor bar" among the circuits and proposes an exception for those who have persecuted others while under duress. Part I begins with the background and policy reasons behind the establishment of the persecutor bar, including the split in the courts as to how to interpret it and whether to allow the defense of duress. Part II focuses on Justice Scalia's concurring opinion in Negusie v. Holder, which summarizes and explains the arguments supporting an absolute persecutor bar. Justice Scalia posited that duress is not a defense against harming others, that asylum is …
Corporate Cooperation In Criminal Investigations: Waiving Privileges Without Coercion, Emily S. Keller
Corporate Cooperation In Criminal Investigations: Waiving Privileges Without Coercion, Emily S. Keller
Golden Gate University Law Review
Part I of this comment explains the attorney-client privilege and the waiver doctrine and demonstrates the important role the privilege plays in our legal system. It shows why, according to the DOJ charging policy, waiver of the privilege is often needed during corporate investigations. It also addresses how the charging policy erodes the privilege in the corporate context, thereby creating governance problems for corporations. Part II provides legal definitions and standards for coerced waivers to show that the choice corporations must make between waiving the privilege or increasing their risk of indictment does not meet any legal test for coercion. …