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Articles 1 - 12 of 12
Full-Text Articles in Law
Rethinking Reporter's Privilege, Ronnell Andersen Jones
Rethinking Reporter's Privilege, Ronnell Andersen Jones
Michigan Law Review
Forty years ago, in Branzburg v. Hayes, the Supreme Court made its first and only inquiry into the constitutional protection of the relationship between a reporter and a confidential source. This case - decided at a moment in American history in which the role of an investigative press, and of information provided by confidential sources, was coming to the forefront of public consciousness in a new and significant way - produced a reporter-focused "privilege" that is now widely regarded to be both doctrinally questionable and deeply inconsistent in application. Although the post-Branzburg privilege has been recognized as flawed in a …
Open Chambers?, Richard W. Painter
Open Chambers?, Richard W. Painter
Michigan Law Review
Edward Lazarus has written the latest account of what goes on behind the marble walls of the Supreme Court. His book is not the first to selectively reveal confidential communications between the Justices and their law clerks. Another book, Bob Woodward and Scott Armstrong's The Brethren2 achieved that distinction in 1979. Closed Chambers: The First Eyewitness Account of the Epic Struggles Inside the Supreme Court, however, adds a new twist. Whereas The Brethren was written by journalists who persuaded former law clerks to breach the confidences of the Justices, Lazarus was himself a law clerk to Justice Harry Blackmun. Closed …
A Study In Regulatory Method, Local Political Cultures, And Jurisprudential Voice: The Application Of Federal Confidentiality Law To Project Head Start, Richard C. Boldt
A Study In Regulatory Method, Local Political Cultures, And Jurisprudential Voice: The Application Of Federal Confidentiality Law To Project Head Start, Richard C. Boldt
Michigan Law Review
This article focuses on one particular set of issues raised by the effort to coordinate the activities of Head Start centers with those of substance abuse treatment programs and the introduction of treatment and prevention functions into the daily interactions of Head Start staff and parents. These issues involve the disclosure of potentially damaging information about a Head Start parent's drug or alcohol abuse and the confidentiality considerations that arise when she or he has sought or received treatment for that abuse. Although it is possible to characterize these issues as technical, doctrinal questions of statutory and regulatory interpretation, it …
A Study In Regulatory Method, Local Political Cultures, And Jurisprudential Voice: The Application Of Federal Confidentiality Law To Project Head Start, Richard C. Boldt
A Study In Regulatory Method, Local Political Cultures, And Jurisprudential Voice: The Application Of Federal Confidentiality Law To Project Head Start, Richard C. Boldt
Michigan Law Review
This article focuses on one particular set of issues raised by the effort to coordinate the activities of Head Start centers with those of substance abuse treatment programs and the introduction of treatment and prevention functions into the daily interactions of Head Start staff and parents. These issues involve the disclosure of potentially damaging information about a Head Start parent's drug or alcohol abuse and the confidentiality considerations that arise when she or he has sought or received treatment for that abuse. Although it is possible to characterize these issues as technical, doctrinal questions of statutory and regulatory interpretation, it …
Deterring Misuse Of Confidential Government Information: A Proposed Citizens' Action, Joseph J. Kalo
Deterring Misuse Of Confidential Government Information: A Proposed Citizens' Action, Joseph J. Kalo
Michigan Law Review
Part I of this article offers two examples-predicated on historical fact-that illustrate the possible adverse consequences of disclosure of confidential government information. Part I also examines present statutory and regulatory safeguards against such disclosure and analyzes their effect. Part II sets forth a proposal for reducing the possibility that confidential government information will be improperly used and for recouping government losses by means of a citizens' action. when it is so used.
Professional Responsibility Of The Criminal Defense Lawyer: The Three Hardest Questions, Monroe H. Freedman
Professional Responsibility Of The Criminal Defense Lawyer: The Three Hardest Questions, Monroe H. Freedman
Michigan Law Review
In almost any area of legal counseling and advocacy, the lawyer may be faced with the dilemma of either betraying the confidential communications of his client or participating to some extent in the purposeful deception of the court. This problem is nowhere more acute than in the practice of criminal law, particularly in the representation of the indigent accused.
The Purposes Of Advocacy And The Limits Of Confidentiality, John T. Noonan Jr.
The Purposes Of Advocacy And The Limits Of Confidentiality, John T. Noonan Jr.
Michigan Law Review
The privilege of confidentiality between lawyer and client is a significant barrier to the search for truth and the attainment of justice. Since bankers, accountants, psychiatrists, and confessors are not entitled at common law to confidentiality in their relationships with those with whom they deal, one may well inquire why lawyers possess such an extraordinary privilege. In the early English case which established the lawyer-client privilege, counsel offered several justifications: (I) A "gentleman of character" does not disclose his client's secrets. (2) An attorney identifies himself with his client, and it would be "contrary to the rules of natural justice …
Professional Ethics In Criminal Trials: A View Of Defense Counsel's Responsibility, David G. Bress
Professional Ethics In Criminal Trials: A View Of Defense Counsel's Responsibility, David G. Bress
Michigan Law Review
More than thirty years ago, in Berger v. United States, Mr. Justice Sutherland described the heavy and multiple responsibility assumed by a prosecutor. The United States Attorney, he asserted, not only must be an advocate for the prosecution, but also must ensure that justice prevails. The Justice stated: "It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one."
Banking-Disclosure Of Records-The Duty Of A Bank As To Customer Information, Robert B. Wessling S.Ed.
Banking-Disclosure Of Records-The Duty Of A Bank As To Customer Information, Robert B. Wessling S.Ed.
Michigan Law Review
The purpose of this comment, therefore, is to describe the scope of the banker's duty as to customer information as best it can be discerned in light of the increasing exchange of credit information and increasing resort to such information by government agencies-particularly the Internal Revenue Service. In the process, it is hoped that attention will be drawn to the uncertainty which exists in this area, perhaps prompting action by the states or the banks themselves to clarify the scope of the duty and to encourage uniform treatment of customer information in a manner consistent with this duty.
Group For The Advancement Of Psychiatry: Confidentiality And Privileged Communication In The Practice Of Psychiatry, Henry Weihofen
Group For The Advancement Of Psychiatry: Confidentiality And Privileged Communication In The Practice Of Psychiatry, Henry Weihofen
Michigan Law Review
A Review of Confidentiality and Privileged Communication in the Practice of Psychiatry. Group for the Advancement of Psychiatry.
Constitutional Law - Deportation - Use Of Confidential Information In Denial Of Discretionary Relief, George F. Lynch
Constitutional Law - Deportation - Use Of Confidential Information In Denial Of Discretionary Relief, George F. Lynch
Michigan Law Review
Plaintiffs, husband and wife, were deportable aliens. At deportation hearings the plaintiffs asked the attorney general to grant discretionary suspension of deportation under section 19 (c) of the Immigration Act of 1917, as amended, which provided in part: "In the case of any alien ... who is deportable ... and who has proved good moral character for the preceeding five years, the attorney general may ... (2) suspend deportation ... if he finds (a) that such deportation would result in serious economic detriment to a citizen .... " Plaintiffs had three children who were all American citizens. The hearing officer …
Evidence-Privilege-Husband And Wife-Attorney And Client
Evidence-Privilege-Husband And Wife-Attorney And Client
Michigan Law Review
A husband and wife are involved in marital difficulties. Together they consult an attorney in an effort to compromise their dispute, or failing in that, to arrange a property settlement prior to separation or divorce. Such a joint consultation may be for any one of a variety of purposes. In a later action, for divorce or separate maintenance for example, the question arises whether either the attorney or one of the spouses can disclose words spoken by the other spouse in the consultation. For instance, can the attorney or the husband disclose the wife's admission of adultery?