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Evidence Commons

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Articles 1 - 4 of 4

Full-Text Articles in Evidence

Reflections On Alfred Hill's "Testimonial Privilege And Fair Trial", Peter Westen Apr 1981

Reflections On Alfred Hill's "Testimonial Privilege And Fair Trial", Peter Westen

University of Michigan Journal of Law Reform

I have learned a great deal from "Testimonial Privilege and Fair Trial"-as I always do from Professor Hill's work. Indeed, he has changed my way of thinking in this area in several important respects. At the same time, I come to rather different conclusions than he regarding each of his three major topics. Part I of this article examines the problem of finding a "remedy" for testimonial privileges that violate a defendant's right to a fair trial. Part II discusses the problem of determining when a defendant is entitled to assert that the "right" has been violated. Finally, Part III …


Constitutional Law - Privacy - Invasion Of Privacy Justified Where Hospital Records Are Sought For Grand Jury Investigation, Kathleen D. Yesenko Jan 1981

Constitutional Law - Privacy - Invasion Of Privacy Justified Where Hospital Records Are Sought For Grand Jury Investigation, Kathleen D. Yesenko

Villanova Law Review

No abstract provided.


Constitutional Protection For Private Papers, Craig M. Bradley Jan 1981

Constitutional Protection For Private Papers, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.


Perils Of The Rulemaking Process: The Development, Application, And Unconstitutionality Of Rule 804(B)(3)'S Penal Interest Exception, Peter W. Tague Jan 1981

Perils Of The Rulemaking Process: The Development, Application, And Unconstitutionality Of Rule 804(B)(3)'S Penal Interest Exception, Peter W. Tague

Georgetown Law Faculty Publications and Other Works

As the culmination of a decade of rulemaking, in 1975 Congress enacted the Federal Rules of Evidence, which include in rule 804(b)(3) an exception to the hearsay rule that allows federal courts to admit statements against penal interest. Having reviewed previously unpublished memoranda and nonpublic tape recordings of the deliberations of the Advisory and Standing Committees to the Judicial Conference and the Special Subcommittee on Reform of Federal Criminal Laws of the House Judiciary Committee, Professor Tague explores the development of rule 804(b)(3), one of the more controversial rules that emerged from that rulemaking process. After analyzing rule 804(b)(3) and …