Law Commons^™

Should The Medium Affect The Message? Legal And Ethical Implications Of Prosecutors Reading Inmate-Attorney Email, Brandon P. Ruben

Fordham Law Review

The attorney-client privilege protects confidential legal communications between a party and her attorney from being used against her, thus encouraging full and frank attorney-client communication. It is a venerable evidentiary principle of American jurisprudence. Unsurprisingly, prosecutors may not eavesdrop on inmate-attorney visits or phone calls or read inmate-attorney postal mail. Courts are currently divided, however, as to whether or not they can forbid prosecutors from reading inmate- attorney email.

This Note explores the cases that address whether federal prosecutors may read inmates’ legal email. As courts have unanimously held, because inmates know that the Bureau of Prisons (BOP) monitors all …

The Perplexing Problem Of Client Perjury, L. Timothy Perrin

Fordham Law Review

No abstract provided.

Corporate Salvation Or Damnation? Proposed New Federal Legislation On Selective Waiver, Liesa L. Richter

Fordham Law Review

Recently, critics have attacked federal law enforcement policies that encourage corporate targets to disclose sensitive information protected by the corporate attorney-client privilege and work-product doctrine, arguing that the policies are coercive, fundamentally unfair, and destined to chill the free flow of information to corporate counsel. The most readily apparent collateral consequence of these policies, however, has been corporations' loss of privilege protection in subsequent litigation. Good corporate citizens that have chosen to cooperate with the government in this manner have been punished with broad findings of waiver and the dissemination of protected information to companies' civil adversaries. To protect companies …

"Anything You Say May Be Used Against You": A Proposed Seminar On The Lawyer's Duty To Warn Of Confidentiality's Limits In Today's Post-Enron World, Paul F. Rothstein

Fordham Law Review

No abstract provided.

Confidentiality: Does The Bar Have An Obligation To Help Close An Evidentiary Gap?, Judith Larsen

Fordham Law Review

No abstract provided.

Sixth Amendment Implications Of Informant Participation In Defense Meetings, David R. Lurie

Fordham Law Review

No abstract provided.

Limited Waiver Of The Attorney-Client Privilege Upon Voluntary Disclosure To The Sec, Martin P. Hicks

Fordham Law Review

No abstract provided.

The Attorney-Client Privilege--Identifying The Corporate Client, Karen M. Muller

Fordham Law Review

No abstract provided.

Abolition Of The Eavesdropping Exception To The Attorney-Client Privilege

Fordham Law Review

No abstract provided.