Law Commons^™

Compelling Evidence In International Commercial Arbitration After The Section 1782 Shutdown: Faa Section 7 As An Alternative Approach, Caroline Bailey

Georgia Law Review

The United States Supreme Court’s unanimous decision in the 2022 case ZF Automotive US, Inc. v. Luxshare, Ltd. resolved the long-disputed circuit split regarding the application of Section 1782 of Title 28 of the U.S. Code to international arbitrations. The Court’s ruling that the term “foreign or international tribunal” under Section 1782 includes only governmental or intergovernmental adjudicative bodies ended the use of Section 1782 to compel evidence located in the United States in private adjudicative bodies such as international commercial arbitrations. The Section 1782 shutdown has required arbitrators and parties to international commercial arbitrations to seek alternative legal mechanisms …

Underage And Unprotected: Federal Grand Juries, Child Development, And The Systemic Failure To Protect Minors Subpoenaed As Witnesses, Lucy Litt

University of Cincinnati Law Review

Grand juries in the United States were originally intended to protect people from unwarranted criminal prosecution by the government; however, criticism of federal grand juries in the U.S. throughout the past five decades demonstrates that these deliberative bodies protect prosecutors at the expense of the people subjected to their investigations. Worse still, federal grand jury proceedings circumvent fundamental constitutional rights, direct judicial oversight, and many of the procedural protections of criminal trials; they enable prosecutors to strip unaccused individuals subpoenaed solely for witness testimony of their safety, rights, and liberty. Prosecutorial misconduct has received increasingly widespread attention, especially in recent …

Discussing Privacy In Sec Subpoena Practice After Carpenter V. United States, William A. Ballentine

Chicago-Kent Law Review

No abstract provided.

Cloudy With A Chance Of Government Intrusion: The Third-Party Doctrine In The 21st Century, Steven Arango

Catholic University Law Review

Technology may be created by humans, but we are dependent on it. Look around you: what technology is near you as you read this abstract? An iPhone? A laptop? Perhaps even an Amazon Echo. What do all these devices have in common? They store data in the cloud. And this data can contain some of our most sensitive information, such as business records or medical documents.

Even if you manage this cloud storage account, the government may be able to search your data without a warrant. Federal law provides little protection for cloud stored data. And the Fourth Amendment may …

“Drive-By” Jurisdiction: Congressional Oversight In Court, Daniel Epstein

Pepperdine Law Review

On July 9, 2020, in Trump v. Mazars USA, LLP and Trump v. Deutsche Bank AG, the Supreme Court held that the lower courts did not adequately consider the separation of powers concerns attendant to congressional subpoenas for presidential information. Given that the question presented in Mazars concerned whether Congress had a legitimate legislative purpose in subpoenaing the President’s personal records, the Supreme Court’s decision is anything but a model of clarity. The Court simultaneously opined that disputes “involving nonprivileged, private information” “do[ ] not implicate sensitive Executive Branch deliberations” while claiming “congressional subpoenas for the President’s information unavoidably pit …

Fixing What’S Broken: The Outdated Guidelines Of The Sca And Its Application To Modern Information Platforms, Lutfi Barakat

Touro Law Review

In 1986, Congress enacted the Electronic Communications Privacy Act (ECPA) to afford privacy protections to electronic communications and it has not changed since its inception. The ECPA has proven problematic as technology has advanced, but Congress has not modified the law to reflect this change. Courts have struggled to apply the law to both old technologies that have been updated and new technologies that have emerged. The ECPA needs to be revised to reflect the new advances in technology or be repealed and replaced with a new approach. This will ensure that consumer data will be safeguarded while in the …

Saving America’S Privacy Rights: Why Carpenter V. United States Was Wrongly Decided And Why Courts Should Be Promoting Legislative Reform Rather Than Extending Existing Privacy Jurisprudence, David Stone

St. Mary's Law Journal

Privacy rights are under assault, but the Supreme Court’s judicial intervention into the issue, starting with Katz v. United States and leading to the Carpenter v. United States decision has created an inconsistent, piecemeal common law of privacy that forestalls a systematic public policy resolution by Congress and the states. In order to reach a satisfactory and longlasting resolution of the problem consistent with separation of powers principles, the states should consider a constitutional amendment that reduces the danger of pervasive technologyaided surveillance and monitoring, together with a series of statutes addressing each new issue posed by technological change as …

Civil Practice And Procedure, John R. Walker, Jaime B. Wisegarver

University of Richmond Law Review

No abstract provided.

Privacy In Social Media: To Tweet Or Not To Tweet?, Tara M. Breslawski

Touro Law Review

No abstract provided.

Fourth Amendment Right To Privacy With Respect To Bank Records In Criminal Cases, Francesca M. Brancato

Touro Law Review

No abstract provided.

Note: Calvin V. Chater: The Right To Subpoena The Physician In Ssa Cases: Conflict In The Circuits Over The Interpretation Of 20 C.F.R. 404.950(D)(1), Elliot B. Oppenheim

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Note: Flatford V. Chater: No Absolute Due Process Right To Subpoena A Physician Providing Post-Hearing Evidence At A Social Security Disability Hearing, James L. Hoyle

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Louisiana Public Service Commission V. Cheathon: Error Of Alj In Not Citing A Party For Contempt For Failure To Appear At A Hearing, Kevin J. Riley

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Grand Jury Subpoena: Is It The Prosecutor's "Ultimate Weapon" Against Defense Attorneys And Their Clients?, Tara A. Flanagan

Pepperdine Law Review

No abstract provided.

Ftc V. Labmd: Ftc Jurisdiction Over Information Privacy Is Plausible, But How Far Can It Go, Peter S. Frechette

American University Law Review

No abstract provided.

Appellate Division, First Department - Parkhouse V. Stringer, Alyssa Dunn

Touro Law Review

No abstract provided.

Dealing With Hipaa: Powers Of Attorney, Record Releases, Court Orders, And Subpoenas, Thomas J. Murphy

Marquette Elder's Advisor

Although the Health Insurance Portability and Accounting Act (HIPAA) enhanced the privacy of individual's health records, the Act reduced the accessibility of medical information to caring loved ones. Murphy gives thoughtful advice on counseling clients about health care powers of attorney, record releases, springing powers of attorney, stand alone medical record releases, and the special status of psychotherapy notes.

Are Rule 26(C) Protective Orders Viable Against Grand Juries? The Ninth Circuit Rejects Balancing Test In Favor Of A Per Se Rule: United States V. Janet Greeson's A Place For Us (In Re Grand Jury Subpoena Served On Meserve), Dane L. Steffenson

Golden Gate University Law Review

This comment compares the Fourth, Eleventh, and Ninth Circuits' per se rule with the Second Circuit's balancing approach. It concludes that the courts adopting the per se rule made unwarranted findings by overstating the reach of protective orders by construing them as improper "de facto" grants of immunity. The courts also understated the retained power of a grand jury by declining to recognize that even when a protective order exists, a grand jury can still call witnesses, have a court compel testimony, or use leaked information for prosecution even though it is sealed.s Further, these courts could have applied a …

Due Process For The Global Crime Age: A Proposal, L. Song Richardson

Cornell International Law Journal

No abstract provided.

Independent Of The Constitution?--Issues Raised By An Independent Federal Legislative Ethics Commission With Independent Enforcement Authority, Paul Taylor

University of Richmond Law Review

No abstract provided.

A Convenient Blanket Of Secrecy: The Oft-Cited But Nonexistent Housekeeping Privilege, William Bradley Russell Jr.

William & Mary Bill of Rights Journal

No abstract provided.

Product Liability Law, Gary J. Spahn, Brent M. Timberlake

University of Richmond Law Review

While Virginia is not typically seen as "progressive" in the field of product liability law, the Commonwealth is nonetheless a forum in which these product liability battles take place. This article summarizes selected decisions of the United States Court of Appeals for the Fourth Circuit, federal district courts in Virginia, and courts of the Commonwealth issued between July 1, 2004 and May 15, 2005. This article also includes a discussion of the most relevant legislative changes made by the Virginia General Assembly over the same time period. While a complete analysis of every decision and statute affecting product liability is …

Think Before You Click: Online Anonymity Does Not Make Defamation Legal, Orit Goldring, Antonia L. Hamblin

Hofstra Labor & Employment Law Journal

No abstract provided.

All Quiet On The Paper Front: Asserting A Fifth Amendment Privilege To Avoid Production Of Corporate Documents In In Re Three Grand Jury Subpoenas Duces Tecum Dated January 29, 1999, Thomas J. Koffer

Villanova Law Review

No abstract provided.

Free Speech, Supreme Court, Appellate Division, Third Department: Urbach V. Farrell

Touro Law Review

No abstract provided.

Political Association, Supreme Court, Appellate Division, Third Department: Kalkstein V. Dinapoli

Touro Law Review

No abstract provided.

Civil Practice Subpoenas: Allow Issuance Of Subpoenas For Depositions By Attorneys, Corin Mccarthy

Georgia State University Law Review

The Act concerns issuing subpoenas for taking depositions and for producing documents and tangible things at deposition. The Act provides that, upon agreement of the parties, an attorney may compel the presence of a witness at a deposition or command the production of documents and tangible things at the examination by issuing a subpoena under the attorney's own signature. However, an attorney may personally issue a subpoena for deposition or production only on behalf of a court in which the attorney is authorized to practice or a court for a venue where the deposition is to be taken and the …

Judicially Compelled Disclosure Of Researchers’ Data: A Judge’S View, Barbara B. Crabb

Law and Contemporary Problems

Crabb looks at the approach one court has established to balance the demands of the legal system with the legitimate concerns of researchers.

Research And Its Revelation: When Should Courts Compel Disclosure, Bert Black

Law and Contemporary Problems

The best hope for improving the resolution of disputes concerning disclosing research is for lawyers to present the research and litigation issues clearly and for courts to develop a "keener sense" for the area of expertise involved.

Countering The Excessive Subpoena For Scholarly Research, Michael Traynor

Law and Contemporary Problems

A researcher has many opportunities to safeguard research and take a stance in court to protect the privacy of study participants in the interest of well-grounded scientific or social analysis.