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Prosecutorial Discovery: An Overview, Harry G. Deitzler, Susan Klimas, Walt Auvil

West Virginia Law Review

No abstract provided.

Court Examination Of The Discovery File On A Motion For Summary Judgment, Michigan Law Review

Michigan Law Review

This Note examines the history and ambiguous language of rule 56 to determine whether courts have a duty to examine the discovery file before granting a summary judgment. Section I discusses courts' differing interpretations of the rule. Section II shows that the Supreme Court Advisory Committee which drafted the rule contemplated that courts would examine routinely filed discovery materials when considering a motion for summary judgment. Section III concludes, however, that the expansion of pre-trial discovery since the enactment of the federal rules renders such a trial court duty inconsistent with the drafters' intent that the rules "be construed to …

Constitutional Law - First Amendment - Defamation - Public Figures - Discovery - Editorial Process - Privilege, Jerry V. Haines

Duquesne Law Review

The United States Supreme Court has held that there is no first amendment privilege against discovery into the editorial process of a media defendant in a defamation action by a public figure.

Herbert v. Lando, 441 U.S. 153 (1979)

Administrative Law - Internal Revenue Service (Irs) Summons Enforcement - When An Irs Investigation Has Been Coordinated By A Justice Department Strike Force, The District Court Must Determine That Each Summons Issued Was Not Used For An Improper Criminal Investigation Purpose, Angela Baker

Villanova Law Review

No abstract provided.

Proposed Federal Discovery Rules For Complex Civil Litigation, Martin I. Kaminsky

Fordham Law Review

No abstract provided.

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

Fordham Law Review

No abstract provided.

Criminal Discovery In New York: The Effect Of The New Article 240 , Thomas N. Kendris

Fordham Urban Law Journal

Despite the many persuasive reasons for criminal discovery, its development in New York took place in a gradual, ad hoc manner. This led the New York State Legislature to enact the original article 240 in the Criminal Procedure Act (CPL) in 1971 which provided the courts with a consistent framework to discovery and significantly expanded an accused rights to evidence. This article provides a comprehensive overview of the original article 240, some significant problems that arose under it, and how the new enacted article 240 attempted to address the problems. The author then argues that the new statute could have …

Discovery Problems In Civil Cases, Barlow F. Burke, Joseph L. Ebersole

Barlow F. Burke