Law Commons^™

Discovery Of Federal Income Tax Returns And The New “Qualified” Privileges, William A. Edmundson

William A. Edmundson

No abstract provided.

In Defense Of The Government Attorney-Client Privilege , Adam M. Chud

Cornell Law Review

No abstract provided.

The Religion Of Alcoholics Anonymous (Aa): Applying The Clergy Privilege To Certain Aa Communications, Ari J. Diaconis

Cornell Law Library Prize for Exemplary Student Research Papers

In the debate about AA’s status as a religion for clergy privilege purposes, there has been a lack of accurate information.315 AA originated from among the most evangelic of Christian movements, the Oxford Group. AA’s 12 Step program is so centered on a higher power as to preclude an atheist from moving beyond Step 2, let alone complete the entire 12 Step program.

AA’s historical origins and program of recovery are so faith based as to render it a religion under virtually any First Amendment definition.Indeed, courts have already defined AA as a religion in certain Establishment Clause contexts. To …

Reviving Implied Confidentiality, Woodrow Hartzog

Indiana Law Journal

The law of online relationships has a significant flaw—it regularly fails to account for the possibility of an implied confidence. The established doctrine of implied confidentiality is, without explanation, almost entirely absent from online jurisprudence in environments where it has traditionally been applied offline, such as with sensitive data sets and intimate social interactions.

Courts’ abandonment of implied confidentiality in online environments should have been foreseen. The concept has not been developed enough to be consistently applied in environments such as the Internet that lack obvious physical or contextual cues of confidence. This absence is significant because implied confidentiality could …

Two Notes On Evidence: Privileges And Hearsay, J. W. Deese

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Child Abuse Reporting In New York State: The Dilemma Of The Mental Health Professional, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Deconstruction Of The Marital Privilege, Barbara Gregg Glenn

Pepperdine Law Review

No abstract provided.

Fidelity Diluted: Client Confidentiality Gives Way To The First Amendment & Social Media In Virginia State Bar, Ex Rel. Third District Committee V. Horace Frazier Hunter, Jan L. Jacobowitz, Kelly Rains Jesson

Articles

No abstract provided.

Proposed Legislation Concerning A Lawyer's Duty Of Confidentiality, Roger C. Cramton

Pepperdine Law Review

No abstract provided.

Smoking Out Big Tobacco: Some Lessons About Academic Freedom, The World Wide Web, Media Conglomeration, And Public Service Pedagogy From The Battle Over The Brown & Williamson Documents, Clay Calvert

Pepperdine Law Review

No abstract provided.

The Advice-Of-Counsel Defense In Patent Infringement Cases: How Far Does Waiver Of Work Product Extend?, Cecil C. Kuhne Iii

Pepperdine Law Review

No abstract provided.

Conflicting Currents: The Obligation To Maintain Inviolate Client Confidences And The New Sec Attorney Conduct Rules, Keith Paul Bishop, James F. Fotenos, Steven K. Hazen, James R. Walther, Nancy H. Wojtas

Pepperdine Law Review

No abstract provided.

Selective Disclosure: The Abrogation Of The Attorney-Client Privilege And The Work Product Doctrine, Zach Dostart

Pepperdine Law Review

No abstract provided.

The Attorney-Client Privilege As An Obstacle To The Professional And Ethical Development Of Law Students, Ursula H. Weigold

Pepperdine Law Review

No abstract provided.

The Sexual Assault Counselor-Victim Privilege: Jurisdictional Delay Into An Unclaimed Sanctuary, Armand Arabian

Pepperdine Law Review

No abstract provided.

Judicial Formalism And The State Secrets Privilege, Sudha Setty

William Mitchell Law Review

No abstract provided.

The Arbitrator's Deliberation, Yves Derains

American University International Law Review

No abstract provided.

Taking The Business Out Of Work Product, Michele M. Destefano Beardslee

Articles

Over the past fifteen years, a common set of questions has surfaced in different areas of scholarship about the breadth of the corporate attorney's role: Should the corporate attorney provide business advice when providing legal advice? Should the corporate attorney provide counsel related to other disciplines such as public relations, social responsibility, morals, accounting, and/or investment banking? Should the corporate attorney prevent corporate wrongdoing? Questions like these resound in the scholarship addressing the risks and benefits of multi-disciplinary partnerships, gatekeeping, moral counseling, ancillary services, and the application of the attorney-client privilege. When looked at in combination, these segregated discussions equate …

Promises Of Confidentiality To News Sources After Cohen V. Cowles Media Company: A Survey Of Newspaper Editors, Daniel Levin, Ellen Rubert

Golden Gate University Law Review

We undertook a survey of newspaper editors to determine their views regarding promises of confidentiality, to determine the effect of the Cohen case on the newspaper industry, and to discover related information. This article will discuss the Cohen case and report the survey results. Section II of the article sets forth the facts that led to the lawsuit brought by source Dan Cohen against two Minneapolis newspapers for breach of promise of confidentiality. Section III sets forth the history of the lawsuit itself, as it proceeded through the Minnesota state courts to the United States Supreme Court, reaching a final …

Constitutional Law - United States V. Richey: Disclosure Of Tax Information By Former Irs Agent Not Protected By The First Amendment, Christine C. Pagano

Golden Gate University Law Review

No abstract provided.

California's Newsgatherer's Shield: Inconsistent Interpretation Means Inadequate Protection, Nora Linda Rousso

Golden Gate University Law Review

This Comment will initially discuss the history of the shield law in California and examine how it has been defined by the courts in the leading cases. It will also discuss New York Times, Delaney and Hallissy in terms of the courts' application of the shield law to those cases. The analyses of New York Times and Hallissy will be contrasted with that of Delaney. This Comment will attempt to show how the New York Times/Hallissy analysis could have been applied to the facts of Delaney and still have yielded the same result. Recommendations will be made with respect to …

Survey: Women And California Law, Elaine Booras

Golden Gate University Law Review

No abstract provided.

Aftermath Of Herbert V. Lando: Will Lower Courts Create Another Qualified Newsman's Privilege?, Douglas I. Horngrad

Golden Gate University Law Review

No abstract provided.

Piercing The Veil Of Bank Secrecy - Assessing The United States’ Settlement In The Ubs Case, Laura Szarmach

Cornell International Law Journal

No abstract provided.

Stories Told And Untold: Confidentiality Laws And The Master Narrative Of Child Welfare, Matthew I. Fraidin

Georgetown Law Faculty Publications and Other Works

In most states, child welfare hearings and records are sealed or confidential. This means that by law, court hearings and records may not be observed. The same laws and court rules also preclude those who are authorized to enter and watch from discussing anything learned or observed in a closed courtroom or from a sealed court record with anyone not involved in the case. It is the restriction on speech—on telling stories about child welfare—with which this Article is concerned.

The master narrative of child welfare depicts foster care as a haven for child-victims savagely brutalized by “deviant,” “monstrous” parents. …

Race, Identity, And Professional Responsibility: Why Legal Services Organizations Need African American Staff Attorneys, Shani M. King

Cornell Journal of Law and Public Policy

No abstract provided.

"I Will Not Divulge": How To Resolve The "Mass Of Legal Confusion" Surrounding The Physician-Patient Relationship In West Virginia, Mary Claire Johnson

West Virginia Law Review

No abstract provided.

The First Amendment, Journalists, And Sources: A Curious Study In "Reverse Federalism", Rodney A. Smolla

Scholarly Articles

Not available.

A Proposal For Protecting Executive Communications With Corporate Counsel After Corporate Client Has Waived Its Attorney-Client Privilege , John W. Gergacz

Fordham Journal of Corporate & Financial Law

No abstract provided.

Members Only - United States V. Rayburn House Office Building, Room 2113: The Speech Or Debate Clause, The Separation Of Powers And The Testimonial Privilege Of Preemptive Nondisclosure, John D. Friel

Villanova Law Review

No abstract provided.