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Narrative Relevance, Imagined Juries, And A Supreme Court Inspired Agenda For Jury Research, Richard O. Lempert Jan 1999

Narrative Relevance, Imagined Juries, And A Supreme Court Inspired Agenda For Jury Research, Richard O. Lempert

Articles

This paper has its roots in Old Chief v. United States, a case the Supreme Court of the United States decided in 1997. I will begin by describing this case; then comment on its implications for the Supreme Court's conception of the jury, and conclude by examining the agenda one may draw from it for empirical jury research. Old Chief arose when Johnny Lynn Old Chief was charged not only with assault with a dangerous weapon and using a firearm in the commission of a crime of violence, but also with violating a law that precludes convicted felons from possessing …


Attorney-Client Privilege When The Client Is A Public Official: Litigating The Opening Act Of The Impeachment Drama, Timothy K. Armstrong Jan 1999

Attorney-Client Privilege When The Client Is A Public Official: Litigating The Opening Act Of The Impeachment Drama, Timothy K. Armstrong

Faculty Articles and Other Publications

The divided panel decision of the U.S. Court of Appeals for the D.C. Circuit in /n re Lindsey, 158 F.3d 1263 (D.C. Cir.), cert. denied, 119 S. Ct. 466 (1998), represented a dramatic shift in that court's thinking on the question whether the attorney-client privilege protects what a government official says to his agency's counsel in confidence. Although the court of appeals in at least four previous decisions had held that a government agency client holds the same privilege any other client would under like circumstances to communicate with counsel in private, the Lindsey court took a quite different view.