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Full-Text Articles in Law

Jimmy Hoffa's Revenge: White-Collar Rights Under The Mcdade Amendment, John G. Douglass Jan 2002

Jimmy Hoffa's Revenge: White-Collar Rights Under The Mcdade Amendment, John G. Douglass

Law Faculty Publications

I begin the Essay with a bit of comparative history. In Part I, I describe the death and burial of the Sixth Amendment no-contact rule espoused by Jimmy Hoffa. In Part II, I contrast the birth and expansion of an extra-constitutional no-contact rule under Model Rule 4.2 and the McDade Amendment. I begin with these contrasting histories because I believe they illustrate two critical points about the no-contact rule in criminal investigations. First, despite its place in codes of ethics, the no-contact rule in criminal investigations has little to do with ethics. Instead, today's debate over Rule 4.2 is simply …


Patent Law: Attorney-Client Privilege In Patent Litigation: Did The Federal Circuit Go Far Enough With In Re Spalding Sports Worldwide?, Matthew R. Rodgers Jan 2002

Patent Law: Attorney-Client Privilege In Patent Litigation: Did The Federal Circuit Go Far Enough With In Re Spalding Sports Worldwide?, Matthew R. Rodgers

Oklahoma Law Review

No abstract provided.


Legal And Professional Ethics: Protection Of Client Identity, Rebecca Wood Hunter Jan 2002

Legal And Professional Ethics: Protection Of Client Identity, Rebecca Wood Hunter

Oklahoma Law Review

No abstract provided.


Shoot Out At The Not-O.K. Corral Or Privileged Client Communications - Lost And Found In Texas., Walter W. Steele Jr. Jan 2002

Shoot Out At The Not-O.K. Corral Or Privileged Client Communications - Lost And Found In Texas., Walter W. Steele Jr.

St. Mary's Law Journal

Texas’s solutions to inadvertently disclosed privileged material are unworkable. Confidentiality of client information is a bedrock of the legal profession. Nonetheless, some confidential information invariably leaks out. The most common leak occurs when a lawyer inadvertently includes privileged material in boxes of documents produced in response to a legitimate discovery request. After the opposing lawyer finds the “hot documents” in the box, the problems begin. The Texas Supreme Court adopted what amounts to the reasonable precautions test in Granada Corp. v. First Court of Appeals. The cornerstone of the Granada holding is the involuntary nature of the production of the …