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State Regulation Of Federal Prosecutors: The Impact On Contact With Represented Persons In Virginia, Robert H. Burger
State Regulation Of Federal Prosecutors: The Impact On Contact With Represented Persons In Virginia, Robert H. Burger
Richmond Journal of Law and the Public Interest
The first section of this paper analyzes the ethics rule promulgated by the Department of Justice. The DOJ rule governs those circumstances in which federal prosecutors may communicate with individuals known to be represented by counsel, without the consent of such counsel. The second and third sections of this paper discuss the judicial and statutory rejection of the DOJ rule respectively. First, in O'Keefe v. McDonnell Douglas," the U.S. Court of Appeals for the Eighth Circuit reasoned that the DOJ lacked authority to promulgate their ethics rule. As a result of this conclusion, the Eighth Circuit held the DOJ rule …
State Regulation Of Federal Prosecutors: The Impact On Contact With Represented Persons In Virginia, Robert H. Burger
State Regulation Of Federal Prosecutors: The Impact On Contact With Represented Persons In Virginia, Robert H. Burger
Richmond Public Interest Law Review
The first section of this paper analyzes the ethics rule promulgated by the Department of Justice. The DOJ rule governs those circumstances in which federal prosecutors may communicate with individuals known to be represented by counsel, without the consent of such counsel. The second and third sections of this paper discuss the judicial and statutory rejection of the DOJ rule respectively. First, in O'Keefe v. McDonnell Douglas," the U.S. Court of Appeals for the Eighth Circuit reasoned that the DOJ lacked authority to promulgate their ethics rule. As a result of this conclusion, the Eighth Circuit held the DOJ rule …