Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 6 of 6
Full-Text Articles in Law
Qualified Common Law Privilege For News Reporters In Criminal Cases—State V. Rinaldo, 102 Wn. 2d 749, 689 P.2d 392 (1984), Susan Ward
Washington Law Review
In State v. Rinaldo, the Washington Supreme Court extended the news reporter's qualified common law privilege to criminal cases. This extension will adequately protect most confidential information held by reporters. In some cases, however, defendants will be able to defeat the qualified privilege announced in Rinaldo. The Washington courts should then construe article 1, section 5 of the Washington State Constitution to require in camera inspection of the information sought. The trial judge should order disclosure only upon concluding that the defendant's interest in obtaining the information outweighs the news reporter's interest in confidentiality.
The Psychotherapist-Patient Privilege In Washington: Extending The Privilege To Community Mental Health Clinics, William Whitmore Hague
The Psychotherapist-Patient Privilege In Washington: Extending The Privilege To Community Mental Health Clinics, William Whitmore Hague
Washington Law Review
This Comment examines recent amendments to Washington's Community Mental Health Services Act, which arguably extend the privilege to communications made between patients and employees of state mental health clinics and agencies. After reviewing the justifications for the psychotherapist-patient privilege, part I of this Comment discusses the present structure of the privilege in Washington. Part II considers the amendments to the Community Mental Health Services Act and concludes that these amendments are beneficial because they extend the availability of confidential mental health treatment to the poor without greatly limiting the amount of admissible evidence. Last, this Comment proposes a comprehensive psychotherapist-patient …
News-Source Privilege In Libel Cases: A Critical Analysis, David Joseph Smith
News-Source Privilege In Libel Cases: A Critical Analysis, David Joseph Smith
Washington Law Review
This comment first examines the recent cases in which a libel plaintiff was impeded by the use of a qualified privilege from obtaining the identity of news sources behind an allegedly defamatory story. It next discusses the historical development of the constitutional news-source privilege and concludes that neither traditional first amendment press clause doctrine nor the United States Supreme Court's decision in Branzburg v. Hayes is authority for such a privilege. This comment then points out that courts which nonetheless recognize a constitutional news-source privilege in civil cases have given the same protection to all sources, regardless of the publication's …
The Marital Privileges In Washington Law: Spouse Testimony And Marital Communications, Teresa Virginia Bigelow
The Marital Privileges In Washington Law: Spouse Testimony And Marital Communications, Teresa Virginia Bigelow
Washington Law Review
This comment is an attempt to analyze and clarify Washington marital privilege law. Each privilege is presented against the backdrop of policy rationales. This overview of the privileges is designed to facilitate their use and also to point out the great need for revision of the Washington law. In conclusion, two alternative approaches are presented as models for a revised set of Washington marital privileges.
Attorney-Client Privilege—Contempt: The Dilemma Of Non-Disclosure Of Possibly Privileged Information.—Dike V. Dike, 75 Wash. Dec. 2d 1, 448 P.2d 490 (1968), Anon
Washington Law Review
A recent Washington case examines the attorney's dilemma. In Dike v. Dike, the Washington Supreme Court reviewed a summary contempt conviction imposed upon an attorney for refusing to reveal the whereabouts of his client, the defendant in a pending divorce action. The client had removed her daughter from the temporary court-awarded custody of a third party, and would not return the child. Having failed to answer a motion to hold his client in contempt for violating the custody order, the attorney was directed to appear, and either produce the defendant or show cause why he could not produce her. The …
Waiver Of Patient's Privileges, De Wolfe Emory
Waiver Of Patient's Privileges, De Wolfe Emory
Washington Law Review
It is the purpose here to discuss the circumstances under which a patient is deemed to have waived the privilege veiling commumcations made to his physician, paying more particular attention to the law on that subject as it now exists in this state, in an attempt to arrive at the every-day and practical effect of the claim of privilege upon the ascertainment of truth in the court room.