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Corporate Investigations, Attorney-Client Privilege, And Selective Waiver: Is A Half-Privilege Worth Having At All?, Colin P. Marks

Faculty Articles

As the title suggests, this article is an analysis of the selective waiver doctrine, which allows a party to disclose materials protected by the attorney-client and work product privileges to the government during investigations without waiving the privilege as to third-party litigants. Specifically, the article analyzes the development of the selective waiver doctrine and why recent policies adopted by governmental agencies, specifically the Department of Justice and SEC, have made this doctrine a forefront of conversation amongst litigators, legislators and academics. But is a blanket adoption of the selective waiver doctrine wise?

Courts have taken a variety of approaches to …

A Practitioner's View Of Chinese Legal Developments - Keynote Address, William A. Spence

Loyola University Chicago International Law Review

No abstract provided.

Tributes To Professor Christopher Brown, Karen H. Rothenberg, Elizabeth M. Kameen, Clinton Bamberger, Andrew D. Levy

Maryland Law Review

No abstract provided.

Attorney General’S Annual Report To Congress On U.S. Government Activities To Combat Trafficking In Persons Fiscal Year 2005, U.S. Department Of Justice

Human Trafficking: Data and Documents

Trafficking in persons (“TIP”) is a regrettably widespread form of modern-day slavery. An estimated 600,000 to 800,000 human beings are trafficked across international borders each year. More than 80 percent of these victims are women and girls, and 70 percent of them are forced into sexual servitude. Furthermore, one estimate claims that between 14,500 and 17,500 victims may be trafficked into the United States each year, although that figure may be overstated. In response, the United States has led the world in the fight against this terrible crime.

Focus Emu, April 25, 2006, Office Of Public Information

Focus EMU

No abstract provided.

Concerning Noise Mitigation Measures Along State Highways, And Making An Appropriation Therefor., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning Expansion Of The Purposes For Which Moneys In The Building Regulation Fund May Be Expended, And Making An Appropriation In Connection Therewith., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Creation Of A Nurse Licensure Compact, And Making An Appropriation Therefor., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Regulation Of Mortgage Brokers, And, In Connection Therewith, Making An Appropriation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning A Supplemental Appropriation To The Department Of Education., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning A Supplemental Appropriation To The Department Of Natural Resources., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning A Supplemental Appropriation To The Department Of Public Health And Environment., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning A Supplemental Appropriation To The Department Of The Treasury., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

State Of Utah V. Deon Lomax Clopten : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from a judgment of conviction for Murder, a 1st degree felony, in violation of Utah Code Ann. § 76-5-203; Failure to Stop or Respond to a Police Command, a 3rd degree felony, in violation of Utah Code Ann. § 41-6-13.5; and Possession of a Dangerous Weapon by a Restricted Person, a 2nd degree felony, in violation of Utah Code Ann. § 76-10-503 (2)(a), in the Third Judicial District Court in and for Salt Lake County, State of Utah, the Honorable Dennis M. Fuchs, Judge, presiding. Appellant is incarcerated.

Stone Creek Landscaping V. Bell : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

STONECREEK LANDSCAPING L.L.C, a Utah limited liability company, Plaintiff, Counterclaim Defendant, Appellee/Cross-Appellant, vs. TRAVIS BELL; SUNRISE BELL; AMERICA FIRST CREDIT UNION, a Utah corporation; and JOHN DOES 1-10, Defendants, Counterclaimants, Appellants/Cross-Appellees.

STONECREEK LANDSCAPING L.L.C, a Utah limited liability company, Plaintiff, Counterclaim Defendant, Appellee/Cross-Appellant, vs. TRAVIS BELL; SUNRISE BELL; AMERICA FIRST CREDIT UNION, a Utah corporation; and JOHN DOES 1-10, Defendants, Counterclaimants, Appellants/Cross-Appellees.

State Of Utah, Plaintiff/Appellee, Vs. Jeffrey K. Johnson, Defendant/Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

STATE OF UTAH, Plaintiff/Appellee, vs. JEFFREY K. JOHNSON, Defendant/Appellant. APPELLANT'S REPLY BRIEF Case No. 20060602-CA APPEAL FROM INTERLOCUTORY ORDERS DENYING DEFENDANT'S MOTION TO QUASH BINDOVER ORDER AND MOTION IN LIMINE CONCERNING THE ADMISSIBILITY OF PRIOR COUNSEL'S TESTIMONY. BOTH ORDERS WERE ENTERED IN THE THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY, THE HONORABLE STEPHEN L. HENROID PRESIDING.

Mark Hopkins And Kathy Hopkins Dba Eldridge Financial V. Bill Hales : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from the Final Order and Judgment of the Sixth Judicial District Court, Sanpete County State of Utah, by the Honorable David L. Mower

Salt Lake City Mission V. Salt Lake City, Mayor Rocky Anderson, Former Mayor Corradini, Sherrie B. Reich, B.L. Smith, Randy Taylor, Marge Harvey, Kim Guess, And Alicia Orgill : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF APPELLEE ) SALT LAKE CITY ) CORPORATION ) Case No. 20060962

At The Intersection Of Comic Books And Third World Working Conditions: Is It Time To Re-Examine The Role Of Commercial Interests In The Regulation Of Expression, David Kohler

UC Law SF Communications and Entertainment Journal

This article examines how a speaker's commercial interests factor into evaluating First Amendment protection. The author criticizes the current state of the law in the United States, which forces courts to draw categorical distinctions between commercial and noncommercial speech which are largely artificial, unwieldy, and likely unworkable. The article suggests a new approach that largely jettisons any attempt to draw broad categorical distinctions based on the underlying commercial motivation for communication and, instead, evaluates such expression in the same way that other kinds of fully protected speech are evaluated.

Teaching Legal Research And Writing With Actual Legal Work: Extending Clinical Education Into The First Year, 12 Clinical L. Rev. 441 (2006), Steven D. Schwinn, Michael Millemann

UIC Law Open Access Faculty Scholarship

In this article, the co-authors argue that legal research and writing (LRW) teachers should use actual legal work to generate assignments. They recommend that clinical and LRW teachers work together to design, co-teach, and evaluate such courses.

They describe two experimental courses they developed together and co-taught to support and clarify their arguments. They contend that actual legal work motivates students to learn the basic skills of research, analysis and writing, and thus helps to accomplish the primary goals of LRW courses. It also helps students to explore new dimensions of basic skills, including those related to the development and …

Ethics Year In Review, Pamela Glazner

Santa Clara Law Review

No abstract provided.

The Future Of The Legal Profession, Robert A. Stein

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Permissive Rules Of Professional Conduct, Bruce A. Green, Fred C. Zacharias

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Travis L. Bowen V. Utah State Bar : Brief Of Petitioner, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

On Writ of Certiorari to the Ethics and Discipline Committee Of the Utah Supreme Court

Domestic Violence Matters: The Case For Appointed Counsel In Protective Order Proceedings, Beverly Balos

Articles

A conventional reading of United States Supreme Court rulings on the right to counsel in civil cases would conclude that petitioners in protective order proceedings would have no right to appointed counsel. This article challenges this view and shows how Supreme Court jurisprudence, in fact, supports the conclusion that due process requires victims of domestic violence to have the benefit of appointed counsel.

Role Of The Victim In The Criminal Justice Process, Justice P.V. Reddi

National Law School of India Review

In an adversarial system like ours, criminal cases become a contest between the accused and the State, represented by the Public Prosecutor. There is very little role envisaged for the victim, who is the most affected by the crime. Her plight is forgotten in the battle for supremacy between the State and the accused. Instead of being the focus of the debate, she becomes the mere cause for it. This article looks at the role of the victim in the Indian Criminal Justice System and argues for making her an important player in the system, instead to relegating her to …

Into The Private - The Domestic Violence Act, 2005 Current Developments, Sanjita Ambast, Srijoni Sen

National Law School of India Review

With the passing of the Domestic Violence Act, 2005 the Indian legal system has stepped into a social space that has hitherto remained unwilling to lend itself to legislation - the home and family, and the violence faced within the same. This paper is an evaluation of the Domestic Violence Act, 2005, and attempts an analysis on the twofold ground of content and implementation - that is, both on grounds of what the Act provides for, and whether the same may actually be implemented successfully. The note therefore looks at the aims and objectives of the Act, and in this …

Separated Young People Seeking Asylum: Standing Alone?, Brigette Mintern, Lyn Dorney

Irish Journal of Applied Social Studies

No abstract provided.

Editorial: Community And Social Services Responses To Asylum Seekers, Kenneth Burns, Alastair Christie

Irish Journal of Applied Social Studies

No abstract provided.

Misfearing: A Reply, Cass R. Sunstein

Coase-Sandor Institute for Law & Economics Research Paper Series

Human beings are prone to "misfearing": Sometimes they are fearful in the absence of significant danger, and sometimes they neglect serious risks. Misfearing is a product of bounded rationality, and it produces serious problems for individuals and governments. This essay is a reply to a review of Laws of Fear by Dan M. Kahan, Paul Slovic, Donald Braman, and John Gastil, who contend that "cultural cognition," rather than bounded rationality, explains people's fears. The problem with their argument is that cultural cognition is a product of bounded rationality, not an alternative to it. In particular, cultural differences are largely a …