Law Commons^™

Freedom Of Speech And The Press

Touro Law Review

No abstract provided.

Subpoenas Of Overseas Bank Records: Getting Out Of The Middle-A Message To Bank Counsel, Andrew J. Connick, William H. Roth

NYLS Journal of International and Comparative Law

No abstract provided.

Discovery And Testimony Of Unretained Experts: Creating A Clear And Equitable Standard To Govern Compliance With Subpoenas, Mark Labaton

Duke Law Journal

No abstract provided.

A Critical Appraisal Of The Justice Department Guidelines For Grand Jury Subpoenas Issued To Defense Attorneys, Michael F. Orman

Duke Law Journal

No abstract provided.

Discovery Of Nonparties' Tangible Things Under The Federal Rules Of Civil Procedure, Sarah N. Welling

Law Faculty Scholarly Articles

Federal Rules of Civil Procedure 26 through 37 describe procedures for pretrial discovery. While one may employ all the methods of discovery against parties, discovery methods for nonparties are much more limited. For example, with the exception of the independent action under subdivision (c), the procedures detailed in Federal Rule 34 regarding production of tangible things do not apply to nonparties. Frequently, though, a litigant must discover tangible things in the possession, custody, or control of a nonparty. Although the federal rules do provide alternative methods for the discovery of nonparties' things, the whole discovery scheme for nonparties is rather …

Parallel Proceedings: The Impact Of Sec V. Dresser Industries, Inc.

Washington and Lee Law Review

No abstract provided.

The Assault On The Citadel Of Privilege Proceeds Apace: The Unreasonableness Of Law Office Searches, Pamela Gurfein

Fordham Law Review

No abstract provided.

A Practical Approach To Representation Of A Client During A Federal Antitrust Grand Jury Investigation, Carl L. Steinhouse

Cleveland State Law Review

Generally, in white-collar crime situations, particularly antitrust, the first time a client may know he is under investigation is after the grand jury proceedings have commenced. The client will usually find out about the investigation through the industry grapevine, through the receipt of a subpoena by his employer or through a subpoena ad testificandum to an individual in his company. It is necessary for an attorney to understand the investigative process in order to properly represent his client in the antitrust proceedings that follow.

A Practical Approach To Representation Of A Client During A Federal Antitrust Grand Jury Investigation, Carl L. Steinhouse

Cleveland State Law Review

Generally, in white-collar crime situations, particularly antitrust, the first time a client may know he is under investigation is after the grand jury proceedings have commenced. The client will usually find out about the investigation through the industry grapevine, through the receipt of a subpoena by his employer or through a subpoena ad testificandum to an individual in his company. It is necessary for an attorney to understand the investigative process in order to properly represent his client in the antitrust proceedings that follow.

Congressional Papers And Judicial Subpoenas And The Constitution, David H. Kaye

Journal Articles

Some contemporary Congresses have lost sight of the original scope of their predecessors' assertions of privilege and now claim an absolute privilege to withhold both the originals and copies of subpoenaed papers. A few judicial opinions suggest as much or more. It is possible that even cursorily documented, ill-considered dicta can take root and flourish, and to prevent that, this article This article charts the constitutional boundaries of Congress' privilege to withhold its internal papers from judicial subpoena. It surveys the privileges expressly given Congress in the text of the Constitution as well as the privileges that might be implied …

Recent Antitrust Developments-1964, Milton Handler

Michigan Law Review

Ever since the passage of the Sherman Act, the courts have consistently refused to permit the requirements of antitrust to be circumvented by the easy expedient of dressing a sale in the vestments of a sham agency agreement. In Dr. Miles Medical, where the Supreme Court first held vertical price fixing unlawful, the seller and buyer denominated their agreement as an "agency," but the Court properly concluded that it was, in fact, a sale. Likewise, in Standard-Magrane, the first occasion on which the Court considered section of the Clayton Act, the seller purported to appoint his customers as …

Federal Criminal Procedure-Subpoena Of Nonresident Citizen As Witness Before Grand Jury, Andre A. Schwartz

Michigan Law Review

Defendant, a nonresident citizen of the United States, was subpoenaed by a federal district court to appear before a grand jury investigating alleged fraud in the procurement of government contracts. Defendant having failed to appear, the district court issued an order directing him to show cause why he should not be held in contempt. On appeal from a judgment holding defendant in contempt, held, reversed, one judge dissenting in part. The power of a federal district court to subpoena a nonresident citizen is limited to the actual trial of a criminal action. United States v. Thompson, 319 F.2d …

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.

Federal Agency Investigations: Requirements For The Production Of Documents, Frank E. Cooper

Michigan Law Review

The United States district courts are frequently called upon to decide whether an administrative agency is entitled to enforcement of a subpoena requesting production of documentary evidence which the person to whom the subpoena is addressed assails as an unnecessary and improper inquisitorial investigation.

Neither the statute nor the decision-landmarks though they both are-offers a convenient rule of thumb to guide the district courts in the intensely difficult problems posed by requests for enforcement of administrative subpoenas.

However, an examination of the decisions passing upon such requests does disclose the standards by which the courts apply the three classic tests, …

Federal Agency Investigations: Procedural Rights Of The Subpoenaed Witness, Frank C. Newman

Michigan Law Review

This article is designed to help fill a gap in the literature and to warn government attorneys, particularly, about some questionable asides in the Hannah case. We shall not deal with record-keeping requirements or with agency inspections, subpoenas duces tecum, and related search and seizure problems. The focus instead is on the subpoenaed witness; that is, a man who knows that force may be used against him unless pursuant to government command he appears and answers questions. We examine several rights that may protect the witness; and we shall also ask whether the agencies, to discharge their governmental duties, truly …

The Civil Investigative Demand: New Fact-Finding Powers For The Antitrust Division, Richard L. Perry, William Simon

Michigan Law Review

The complexity, scope and length of modem antitrust litigation bring to prominence the procedures by which evidence - particularly documentary evidence - is discovered and placed before the courts and administrative agencies. Fact-finding mechanisms now available for ferreting out and prosecuting violations make up an imposing array. These include the grand jury subpoena, the discovery provisions of the Federal Rules of Civil and Criminal Procedure and the subpoena and visitorial powers of certain administrative agencies. The "civil investigative demand," a precomplaint compulsory process, is a new weapon proposed to be added to this arsenal. Few dispute the desirability of new …

The Rights Of A Witness Before A Congressional Committee

Fordham Law Review

It is unquestionably the duty of all citizens to cooperate with the Congress in its efforts to obtain the facts needed for intelligent legislative action. It is their unremitting obligation to respond to subpoenas, to respect the dignity of the Congress and its committees and to testify fully with respect to matters within the province of proper investigation. This ... assumes that the ... rights of witnesses will be respected by the Congress as they are in a court of justice.

Evidence - Constitutional Problems In Compelling The Attendance Of Witnesses Outside The State, Paul J. Keller, Jr.

Michigan Law Review

Cooper, a citizen of New Jersey, was sought as a witness by a defendant in a criminal prosecution in a New York court in accordance with a New Jersey statute, which allowed such a procedure upon certain conditions. The conditions included a hearing in New Jersey on the summons and provisions for compensation and immunity from service of process while acting on the writ outside the state. At the New Jersey hearing on the summons Cooper objected on the ground that the statute was an unconstitutional deprivation of his liberty. Held, that the statute is constitutional. In re Cooper …

Public Officers - Liability Of Federal Officers For Quasi-Judlcial Acts, Arthur M. Hoffeins

Michigan Law Review

Plaintiff sought to withdraw a registration statement which he had filed with the Securities and Exchange Commission. The commission denied him the right to do so and applied for a court order to enforce a previously issued subpoena to compel the plaintiff to appear before it and to produce books relating to the registration statement. After the Supreme Court had upheld the plaintiff's right to withdraw the statement, he brought an action for damages against the members of the commission for malicious prosecution, libel and slander, etc., alleging in addition that the defendants had acted maliciously and in bad faith. …