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Evidence Commons

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Articles 1 - 3 of 3

Full-Text Articles in Evidence

Attorney-Client Privilege And The Patent Prosecution Process In The Post-Spalding World, Jonathan G. Musch Jan 2003

Attorney-Client Privilege And The Patent Prosecution Process In The Post-Spalding World, Jonathan G. Musch

Washington University Law Review

No abstract provided.


Causation In Retaliation Claims: Conflict Between The Prima Facie Case And The Plaintiff's Ultimate Burden Of Pretext, Rhea Gertken Jan 2003

Causation In Retaliation Claims: Conflict Between The Prima Facie Case And The Plaintiff's Ultimate Burden Of Pretext, Rhea Gertken

Washington University Law Review

No abstract provided.


Admissibility Of Fruits Of Breached Evidentiary Privileges: The Importance Of Adversarial Fairness, Party Culpability, And Fear Of Immunity, Robert P. Mosteller Jan 2003

Admissibility Of Fruits Of Breached Evidentiary Privileges: The Importance Of Adversarial Fairness, Party Culpability, And Fear Of Immunity, Robert P. Mosteller

Washington University Law Review

In civil cases, breaches of attorney-client confidentiality during litigation sometimes result, not only in exclusion of communication, but also in an order prohibiting use of the information obtained from the communication in any way. In criminal prosecutions, provisions of the Constitution under certain fact patterns give protection to attorney-client confidentiality, including the attorney-client privilege, which also prohibits derivative use of the confidential communications. This Article examines two general conclusions reached by the case law. The first is the general non-protection of derivative use of the disclosure of confidential information covered by evidentiary privileges. The second concerns special situations where protection ...