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Cipa Creep: The Classified Information Procedures Act And Its Drift Into Civil National Security Litigation, Ian Macdougall
Cipa Creep: The Classified Information Procedures Act And Its Drift Into Civil National Security Litigation, Ian Macdougall
National Security Law Program
This Note documents an incipient trend in the courts and Congress, which I call "CIPA creep," and investigates its implications for civil national security litigation. CIPA – the Classified Information Procedures Act – governs the use of classified information in federal criminal cases. No comparable statute exists in the civil context, where the judge-made state secrets privilege determines whether litigants may use sensitive government information. The prevailing scholarly and popular accounts hold that this privilege, in the tense post-9/11 security environment, transformed from a narrow evidentiary rule into a non-justiciability doctrine that cedes to executive branch officials the power to …
Defense Discovery In White Collar Criminal Prosecutions, Peter J. Henning
Defense Discovery In White Collar Criminal Prosecutions, Peter J. Henning
Law Faculty Research Publications
No abstract provided.
Prior Restraint Of Expression Through The Private Search Doctrine, Edward J. Eberle
Prior Restraint Of Expression Through The Private Search Doctrine, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
The Law Of Presumptions: A Look At Confusion, Kentucky Style, Robert G. Lawson
The Law Of Presumptions: A Look At Confusion, Kentucky Style, Robert G. Lawson
Law Faculty Scholarly Articles
Over the years the term “presumption” has been used by virtually all courts to “designate what are more accurately termed inferences or substantive rules of law.” It has also been used as a “loose synonym for presumption of fact, presumption of law, rebuttable presumption, and irrebuttable presumption.” To this list the Kentucky Court of Appeals had added mandatory presumption, presumptive evidence, and prima facie case. Perhaps of more significance than the indiscriminate use of terminology is the extent to which courts have used “presumptions” to describe judicial reasoning of various kinds and to perform chores more appropriate to unrelated procedural …