Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 6 of 6
Full-Text Articles in Law
Fifth Amendment Privilege For Producing Corporate Documents, Nancy J. King
Fifth Amendment Privilege For Producing Corporate Documents, Nancy J. King
Michigan Law Review
This Note argues that a person should be able to assert her fifth amendment privilege against self-incrimination when her act of producing corporate documents pursuant to a subpoena causes her to make testimonial admissions that are incriminating. Part I briefly examines the two approaches the Supreme Court has used to decide claims of self-incrimination for records production. First, it explains the Court's traditional entity doctrine which, by focusing on the nature of the documents and the capacity in which they are held, has prohibited records producers from invoking the fifth amendment privilege against self-incrimination if the records produced are those …
The Trampas File, Joseph L. Sax
The Trampas File, Joseph L. Sax
Michigan Law Review
The Las Trampas reports are a refreshing dose of unsentimental discussion about community, culture, and tradition - subjects that are all too often submerged in bathetic wishful thinking.
Clear Understandings: A Guide To Legal Writing, Michigan Law Review
Clear Understandings: A Guide To Legal Writing, Michigan Law Review
Michigan Law Review
A Review of Clear Understandings: A Guide to Legal Writing by Ronald L. Goldfarb and James C. Raymond
Inadvertent Disclosure Of Documents Subject To Attorney-Client Privilege, Michigan Law Review
Inadvertent Disclosure Of Documents Subject To Attorney-Client Privilege, Michigan Law Review
Michigan Law Review
This Note evaluates these judicial approaches to inadvertent disclosure in the context of document productions. Part I briefly reviews the purposes of the attorney-client privilege and argues that any test of waiver should be based on the client's intent to maintain confidentiality. Part II examines the traditional approach to waiver and rejects the rationales which support it. Part III concludes that a test based on the sufficiency of precautions taken against disclosure, rather than a test based on the intervention of an outside force, best reflects a client's intent. Part IV examines various factors that might be included in the …
Disclosure Of Grand Jury Materials Under Clayton Act Section 4f(B), Michigan Law Review
Disclosure Of Grand Jury Materials Under Clayton Act Section 4f(B), Michigan Law Review
Michigan Law Review
This Note analyzes the controversy and concludes that the latter courts are correct: Congress never intended to abrogate or modify rule 6(e)'s "particularized need" standard when it enacted section4F(b). Part I discusses whether Congress intended section 4F(b) to require the Attorney General to disclose grand jury materials to state attorneys general upon request, thereby abrogating rule 6(e)'s explicit prohibition against such disclosure. Part II examines the statutory language and legislative history of section). 4F(b) to determine whether Congress intended section 4F(b) to modify rule 6(e)'s "particularized need" standard. Finally, Part III evaluates the policies affected by liberalized disclosure of grand …
Instruments Of Discovery Under Federal Rules Of Civil Procedure, Alexander Holtzoff
Instruments Of Discovery Under Federal Rules Of Civil Procedure, Alexander Holtzoff
Michigan Law Review
The elimination of the "sporting theory" of justice, the simplification of procedure, and the prompt disposition of controversies on their merits are the great objectives of the new federal civil practice. One of the principal means for the attainment of these purposes is discovery, by which a disclosure may be obtained in respect to all pertinent information in the possession of any party to a litigation. An exception is, of course, made for privileged matter. It is one of the basic theories of the new procedure that every party to a law suit is under a duty to reveal to …