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Articles 1 - 9 of 9

Full-Text Articles in Law

The Perils Of Privilege: Waiver And The Litigator, Richard L. Marcus Aug 1986

The Perils Of Privilege: Waiver And The Litigator, Richard L. Marcus

Michigan Law Review

Waiver can be made less tricky, although it will never yield algebraic accuracy. Focusing on civil litigation, this article develops a framework for waiver decisions. It begins by stressing a factor that others have neglected - the costs generated by broad traditional waiver rules. These costs result largely from changes in lawyer behavior to reduce waiver risks. Thus, enormous energy can be expended to guarantee that privileged materials are not inadvertently revealed in discovery, and lawyers may adopt elaborate witness preparation strategies in order to prevent witnesses from seeing privileged materials. Judges also feel the burden; where waiver is at …


Semiotics And Methods Of Legal Inquiry: Interpretation And Discovery In Law From The Perspective Of Peirce's Speculative Rhetoric, Roberta Kevelson Jul 1986

Semiotics And Methods Of Legal Inquiry: Interpretation And Discovery In Law From The Perspective Of Peirce's Speculative Rhetoric, Roberta Kevelson

Indiana Law Journal

Symposium: Semiotics, Dialectic, and the Law Held at Indiana University School of Law - Oct. 13, 1984


Fifth Amendment Privilege For Producing Corporate Documents, Nancy J. King Jun 1986

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 …


Constitutional Limitations On Prosecutorial Discovery, Edward A. Tomlinson Jan 1986

Constitutional Limitations On Prosecutorial Discovery, Edward A. Tomlinson

Faculty Scholarship

The prosecution has a legitimate interest in discovering all relevant facts to present the strongest possible case at trial and to meet the defendant's case. Despite that interest, in most jurisdictions the prosecution may discover only the evidence which the defendant intends to present at trial. Even such limited discovery has been the subject of sharp constitutional attack. The author argues that far broader prosecutorial discovery is constitutionally permissible. The prosecution should be able to discover all relevant facts useful in testing defense evidence and any documents or tangible things (for example, the murder weapon) which strengthen the prosecution's case …


Litigating A Novel Course And Scope Of Employment Issue: Ina Of Texas V. Bryant, J. Thomas Sullivan Jan 1986

Litigating A Novel Course And Scope Of Employment Issue: Ina Of Texas V. Bryant, J. Thomas Sullivan

Faculty Scholarship

No abstract provided.


Depositions Of Corporations: Problems And Solutions-Fed. R. Civ. P. 30(B)(6), M. Minnette Massey Jan 1986

Depositions Of Corporations: Problems And Solutions-Fed. R. Civ. P. 30(B)(6), M. Minnette Massey

Articles

No abstract provided.


Peer Review Committee Minutes And Memoranda: Non-Discoverable At All Costs, Howard S. Rabb Jan 1986

Peer Review Committee Minutes And Memoranda: Non-Discoverable At All Costs, Howard S. Rabb

Journal of Law and Health

The purpose of this article is to illustrate the inherent problems of blanket peer review confidentiality and to suggest a more equitable approach. Part I traces the deveopment of reviewing hospital quality and explains the operation and justifications of peer review committees. In Part II, the arguments supporting confidentiality are compared with the public policy favoring proper disposition of corporate negligence cases in order to determine and recommend the correct level of confidentiality. In Part III, the peer review discovery statute in section 2305.251 of the Ohio Revised COde is critically evaluated for its practical value to the advancement of …


Criminal Law - Discovery - Test For Materiality Of Undisclosed Impeachment Evidence, Robert E. Schwartz Jan 1986

Criminal Law - Discovery - Test For Materiality Of Undisclosed Impeachment Evidence, Robert E. Schwartz

Villanova Law Review

No abstract provided.


Tax Shelter As A Security: The Use Of Tax Returns In A 10b-5 Action, Risa A. Levine Jan 1986

Tax Shelter As A Security: The Use Of Tax Returns In A 10b-5 Action, Risa A. Levine

Fordham Urban Law Journal

This student note examines the consequences to investors who initially invest through tax shelters, and whose investments later fail, resulting in liability. The author questions policy for treating those investments in a similar manner to other securities fraud, by looking at the history and procedure of a 10b-5 private cause of action. Tax returns can be used to evaluate the liability and penalties for SEC actions and the ensuing private actions. The author concludes that because 10b-5 actions are judicially created, they must be carefully cabined and screened for reliable indications of harm to the investor. Tax returns should be …