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Full-Text Articles in Law

United States V. Salerno, Lewis F. Powell Jr. Oct 1986

United States V. Salerno, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Fifth Amendment Privilege For Producing Corporate Documents, Nancy J. King Jun 1986

Fifth Amendment Privilege For Producing Corporate Documents, Nancy J. King

Michigan Law Review

This Note argues that a person should be able to assert her fifth amendment privilege against self-incrimination when her act of producing corporate documents pursuant to a subpoena causes her to make testimonial admissions that are incriminating. Part I briefly examines the two approaches the Supreme Court has used to decide claims of self-incrimination for records production. First, it explains the Court's traditional entity doctrine which, by focusing on the nature of the documents and the capacity in which they are held, has prohibited records producers from invoking the fifth amendment privilege against self-incrimination if the records produced are those …


Mining With Mr. Justice Holmes, E. F. Roberts Mar 1986

Mining With Mr. Justice Holmes, E. F. Roberts

Cornell Law Faculty Publications

No abstract provided.


Economic Analysis Of Liberty And Property: A Critique, Peter N. Simon Jan 1986

Economic Analysis Of Liberty And Property: A Critique, Peter N. Simon

Publications

No abstract provided.


Compelling Testimony In Alaska: The Coming Rejection Of Use And Derivative Use Immunity, Jeff M. Feldman Jan 1986

Compelling Testimony In Alaska: The Coming Rejection Of Use And Derivative Use Immunity, Jeff M. Feldman

Articles

Until 1972, when the Supreme Court upheld a federal use andderivative use immunity statute in Kastigar v. United States, virtually every court that considered the issue of the compulsion of testimony favored transactional immunity. It appears that most courts interpreted the Supreme Court's 1892 decision in Counselman v. Hitchcock as finding only transactional immunity constitutional. Since Kastigar, the Alaska Supreme Court has had several opportunities totake sides in the debate over the grant of immunity constitutionally required to compel testimony. On each such occasion, the court has expressed a preference for transactional immunity, but has carefullyavoided resolving the …


Police Interrogation And Confessions, Yale Kamisar Jan 1986

Police Interrogation And Confessions, Yale Kamisar

Book Chapters

In the police interrogation room, where, until the second third of the century, police practices were unscrutinized and virtually unregulated, constitutional ideals collide with the grim realities of law enforcement.