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Waiver of the Attorney-Client Privilege: a Balanced Approach
339780COV_P1 6/5/06 11:40 AM Page 1 WAIVER OF THE ATTORNEY-CLIENT PRIVILEGE: A BALANCED APPROACH by The Honorable Dick Thornburgh Kirkpatrick & Lockhart Nicholson Graham LLP Foreword by The Honorable John Engler President and CEO, National Association of Manufacturers Introduction by Laura Stein Senior Vice President - General Counsel and Corporate Secretary The Clorox Company ® WASHINGTON LEGAL FOUNDATION Washington, D.C. 339780COV_P2 6/5/06 11:41 AM Page 2 WLF’S LEGAL STUDIES DIVISION This Monograph is one of a series of original papers published by the Legal Studies Division of the Washington Legal Foundation. Through this The Washington Legal Foundation (WLF) established its Legal Studies Division to and other publications, WLF seeks to provide the national legal community address cutting-edge legal issues by publishing substantive, credible publications targeted at with legal studies on a variety of timely public policy issues. Additional educating policy makers, the media, and other key legal policy outlets. copies of this Monograph may be obtained by writing to the Publications WLF’s Legal Studies Division has deliberately adopted a unique approach that sets it Department, Washington Legal Foundation, 2009 Massachusetts Avenue, apart from other policy centers. N.W., Washington, D.C. 20036. First, the Division deals almost exclusively with legal policy questions as they relate to the principles of free enterprise, legal and judicial restraint, and America’s economic and Other recent studies in the WLF Monograph series include: national security. Exporting Precaution: How Europe’s Risk-Free Regulatory Agenda Second, its publications focus on a highly select legal policy-making audience. -
Congressional Record—Senate S6886
S6886 CONGRESSIONAL RECORD — SENATE October 31, 2017 that—exactly the opposite. She wrote EXECUTIVE SESSION preme court justices who were not ap- that if a judge’s personal views were to proved by Republican Senators to move impede that judge’s ability to impar- to the Federal bench: Lisabeth Tabor tially apply the law, then the judge EXECUTIVE CALENDAR Hughes from Kentucky, Myra Selby should recuse herself from the case. The PRESIDING OFFICER. Under from Indiana, Don Beatty from South As the coauthor of that article and the previous order, the Senate will pro- Carolina, Louis Butler from Wisconsin, current president of Catholic Univer- ceed to executive session and resume Patricia Timmons-Goodson from North sity recently put it, ‘‘The case against consideration of the Barrett nomina- Carolina. Prof. Barrett is so flimsy, that you tion, which the clerk will report. Senate Republicans turned obstruc- have to wonder whether there isn’t The senior assistant legislative clerk tion of judicial nominees into an art some other, unspoken, cause for their read the nomination of Amy Coney form under President Obama. Yet Sen- objection.’’ Barrett, of Indiana, to be United States ator MCCONNELL, day after day, has It does make you wonder. Circuit Judge for the Seventh Circuit. said: ‘‘I think President Obama has To those using this matter as cover The PRESIDING OFFICER. The as- been treated very fairly by any objec- to oppose Professor Barrett because of sistant Democratic leader. tive standard.’’ her personally held religious beliefs, Mr. DURBIN. Mr. President, Senator He comes to the floor now regularly let me remind you, there are no reli- MCCONNELL has come to the floor to to complain about ‘‘obstruction’’ of gious tests—none—for public office in complain about what he calls obstruc- Trump nominees. -
How to Think About the Foundations of American Conservatism James W
No. 22 How to Think About the Foundations of American Conservatism James W. Ceaser, Ph.D. ontemporary American conservatism, which is Reagan. The remarkable diversity of this coalition has Cnotorious for its internal factionalism, is held been both a source of strength and a source of weak- together by a self-evident truth: conservatives’ shared ness for the conservative movement. Each part came antipathy to modern liberalism. Their main objections into existence at a different time and under differ ent are well-known. circumstances, and each has been guided by a different Almost to a man or woman, conservatives oppose principle by which it measures what is good or right. using government authority to enforce a vision of greater equality labeled by its supporters, with great • For religious conservatives, that principle is seduction, as “social justice.” Nearly as many conser- biblical faith. vatives object to the use of government authority—or, • For libertarians, it is the idea of “spontaneous alternatively, to the denial of government authority order,” the postulate that a tendency is opera- where it is natural, legal, and appropriate—to pro- tive in human affairs for things to work out for mote a worldview of individualism, expressivism, and themselves, provided no artificial effort is made secularism. Finally, most conservatives want nothing to impose an overall order. to do with an airy internationalism, frequently suspi- • For neoconservatives, it is a version of “natural cious of the American nation, that has shown itself so right,” meaning a standard of good in political inconstant in its support for the instruments of secu- affairs that is discoverable by human reason. -
New York Evidentiary Foundations Randolph N
digitalcommons.nyls.edu Faculty Scholarship Books 1993 New York Evidentiary Foundations Randolph N. Jonakait H. Baer E. S. Jones E. Imwinkelried Follow this and additional works at: http://digitalcommons.nyls.edu/fac_books Part of the Evidence Commons Recommended Citation Jonakait, Randolph N.; Baer, H.; Jones, E. S.; and Imwinkelried, E., "New York Evidentiary Foundations" (1993). Books. Book 4. http://digitalcommons.nyls.edu/fac_books/4 This Book is brought to you for free and open access by the Faculty Scholarship at DigitalCommons@NYLS. It has been accepted for inclusion in Books by an authorized administrator of DigitalCommons@NYLS. New York .Evidentiary Foundations RANDOLPH N. JONAKAIT HAROLD BAER, JR. E. STEWART JONES, JR. EDWARD J. IMWINKELRIED THE MICHIE COMPANY Law Publishers CHARLOTIESVILLE, Vlli:GINIA CoPYRIGHT ~ 1H93 BY THE MICHIE COMI'ANY Library of Congress Catalog Card No. 93-77731 ISBN: 1-55834-058-0 All rights reserved. lllllllllllllllllllllllllm IIIII SUMMARY TABLE OF CONTENTS Page Table of Contents . v Chapter 1. Introduction . 1 Chapter 2. Related Procedures .. .. .. .. ... ... .. .. .. .. .. .. ..... 11 Chapter 3. The Competency ofWitnesses .......................... 25 Chapter 4. Authentication . 45 Chapter 5. Limitations on Credibility Evidence . 99 Chapter 6. Limitations on Evidence That Is Relevant to the Merits of the Case . 129 Chapter 7. Privileges and Similar Doctrines . 155 Chapter 8. The Best Evidence Rule . 199 Chapter 9. Opinion Evidence ......................................... 225 Chapter 10. The Hearsay Rule, Its Exemptions, and Its Excep- tions ......................................................... 241 Chapter 11. Substitutes for Evidence . .. .. .. .... .. .. .. .. ..... ... .. 315 Index ......................................................................... 329 iii TABLE OF CONTENTS Page Summary Table of Contents 111 Chapter 1. Introduction .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 1 · A. Introduction . 1 B. Laying a Foundation - In General . 2 1. -
Federal Marital Privileges in a Criminal Context: the Eedn for Further Modification Since Trammel The
Washington and Lee Law Review Volume 43 | Issue 1 Article 10 Winter 1-1-1986 Federal Marital Privileges In A Criminal Context: The eedN For Further Modification Since Trammel The Follow this and additional works at: https://scholarlycommons.law.wlu.edu/wlulr Part of the Civil Procedure Commons, and the Evidence Commons Recommended Citation Federal Marital Privileges In A Criminal Context: The Need For Further Modification Since Trammel The, 43 Wash. & Lee L. Rev. 197 (1986), https://scholarlycommons.law.wlu.edu/wlulr/vol43/iss1/10 This Note is brought to you for free and open access by the Washington and Lee Law Review at Washington & Lee University School of Law Scholarly Commons. It has been accepted for inclusion in Washington and Lee Law Review by an authorized editor of Washington & Lee University School of Law Scholarly Commons. For more information, please contact [email protected]. FEDERAL MARITAL PRIVILEGES IN A CRIMINAL CONTEXT: THE NEED FOR FURTHER MODIFICATION SINCE TRAMMEL The defendant's privilege to prevent admission of his or her spouse's testimony at trial has existed in one form or another for roughly 400 years.' Not until the twentieth century, however, have the marital privileges under- gone major modifications and faced the possibility of abolition. 2 The adverse spousal testimony privilege and the confidential communications privilege constitute the marital privileges. The adverse spousal testimony privilege prevents the admission into evidence of a spouse's testimony that tends to incriminate a defendant spouse.' The confidential communications privilege 4 excludes from evidence private marital communications between spouses. Exceptions to the privileges have developed begrudgingly and reluctantly.5 1.Trammel v. -
Foundation Evidence, Questions and Courtroom Protocols Fifth Edition
Foundation Evidence, Questions and Courtroom Protocols Fifth Edition Hon. Edward M. Davidowitz Robert L. Dreher, Esq. New York State Bar Association Continuing Legal Education publications are intended to provide current and accurate information to help attorneys maintain their professional competence. Publications are distributed with the understanding that NYSBA does not render any legal, accounting or other professional service. Attorneys using publications or orally conveyed information in dealing with a specific client’s or their own legal matters should also research original sources of authority. We consider the publication of any NYSBA practice book as the begin- ning of a dialogue with our readers. Periodic updates to this book will give us the opportunity to incorporate your suggestions regarding additions or corrections. Please send your comments to: CLE Publications Director, New York State Bar Association, One Elk Street, Albany, NY 12207. Copyright: 2014 by New York State Bar Association All rights reserved ISBN: 1-57969-412-8 Product Number: 41074 This book is dedicated to the memory of Judge Edward M. Davidowitz. iii CONTENTS Chapter One The Courtroom and the Court................... 1 Chapter Two Trial and Courtroom Protocols ................. 9 Chapter Three Courtroom Closure.................................... 17 Chapter Four Examination of Defendants Who Want to Proceed to Trial Pro Se ......................... 25 Chapter Five Pretrial and Suppression Hearings............ 31 Chapter Six Alternative Procedures for Admission and Preclusion of Evidence....................... 43 Chapter Seven Physical and Demonstrative Evidence...... 49 Chapter Eight Lay Witness Testimony ............................ 93 Chapter Nine Documentary Evidence............................. 131 Chapter Ten Expert Witness Testimony........................ 153 Chapter Eleven Examination of Witnesses: Direct and Re-direct.................................. 195 Chapter Twelve Cross-Examination................................... -
Lee Edwards Papers
http://oac.cdlib.org/findaid/ark:/13030/kt5q2nf31k No online items Preliminary Inventory of the Lee Edwards papers Finding aid prepared by Hoover Institution Library and Archives Staff Hoover Institution Library and Archives © 2009, 2013 434 Galvez Mall Stanford University Stanford, CA 94305-6003 [email protected] URL: http://www.hoover.org/library-and-archives Preliminary Inventory of the Lee 2010C14 1 Edwards papers Title: Lee Edwards papers Date (inclusive): 1878-2004 Collection Number: 2010C14 Contributing Institution: Hoover Institution Library and Archives Language of Material: English Physical Description: 389 manuscript boxes, 12 card file boxes, 2 oversize boxes, 5 film reels, 1 oversize folder(146.4 Linear Feet) Abstract: Correspondence, speeches and writings, memoranda, reports, studies, financial records, printed matter, and sound recordings of interviews and other audiovisual material, relating to conservatism in the United States, the mass media, Grove City College, the Heritage Foundation, the Republican Party, Walter Judd, Barry Goldwater, and Ronald Reagan. Includes extensive research material used in books and other writing projects by Lee Edwards. Also includes papers of Willard Edwards, journalist and father of Lee Edwards. Creator: Edwards, Lee, 1932- Creator: Edwards, Willard, 1902-1990 Hoover Institution Library & Archives Access The collection is open for research; materials must be requested at least two business days in advance of intended use. Publication Rights For copyright status, please -
Download File
Tow Center for Digital Journalism CONSERVATIVE A Tow/Knight Report NEWSWORK A Report on the Values and Practices of Online Journalists on the Right Anthony Nadler, A.J. Bauer, and Magda Konieczna Funded by the John S. and James L. Knight Foundation. Table of Contents Executive Summary 3 Introduction 7 Boundaries and Tensions Within the Online Conservative News Field 15 Training, Standards, and Practices 41 Columbia Journalism School Conservative Newswork 3 Executive Summary Through much of the 20th century, the U.S. news diet was dominated by journalism outlets that professed to operate according to principles of objectivity and nonpartisan balance. Today, news outlets that openly proclaim a political perspective — conservative, progressive, centrist, or otherwise — are more central to American life than at any time since the first journalism schools opened their doors. Conservative audiences, in particular, express far less trust in mainstream news media than do their liberal counterparts. These divides have contributed to concerns of a “post-truth” age and fanned fears that members of opposing parties no longer agree on basic facts, let alone how to report and interpret the news of the day in a credible fashion. Renewed popularity and commercial viability of openly partisan media in the United States can be traced back to the rise of conservative talk radio in the late 1980s, but the expansion of partisan news outlets has accelerated most rapidly online. This expansion has coincided with debates within many digital newsrooms. Should the ideals journalists adopted in the 20th century be preserved in a digital news landscape? Or must today’s news workers forge new relationships with their publics and find alternatives to traditional notions of journalistic objectivity, fairness, and balance? Despite the centrality of these questions to digital newsrooms, little research on “innovation in journalism” or the “future of news” has explicitly addressed how digital journalists and editors in partisan news organizations are rethinking norms. -
Conservative Movement
Conservative Movement How did the conservative movement, routed in Barry Goldwater's catastrophic defeat to Lyndon Johnson in the 1964 presidential campaign, return to elect its champion Ronald Reagan just 16 years later? What at first looks like the political comeback of the century becomes, on closer examination, the product of a particular political moment that united an unstable coalition. In the liberal press, conservatives are often portrayed as a monolithic Right Wing. Close up, conservatives are as varied as their counterparts on the Left. Indeed, the circumstances of the late 1980s -- the demise of the Soviet Union, Reagan's legacy, the George H. W. Bush administration -- frayed the coalition of traditional conservatives, libertarian advocates of laissez-faire economics, and Cold War anti- communists first knitted together in the 1950s by William F. Buckley Jr. and the staff of the National Review. The Reagan coalition added to the conservative mix two rather incongruous groups: the religious right, primarily provincial white Protestant fundamentalists and evangelicals from the Sunbelt (defecting from the Democrats since the George Wallace's 1968 presidential campaign); and the neoconservatives, centered in New York and led predominantly by cosmopolitan, secular Jewish intellectuals. Goldwater's campaign in 1964 brought conservatives together for their first national electoral effort since Taft lost the Republican nomination to Eisenhower in 1952. Conservatives shared a distaste for Eisenhower's "modern Republicanism" that largely accepted the welfare state developed by Roosevelt's New Deal and Truman's Fair Deal. Undeterred by Goldwater's defeat, conservative activists regrouped and began developing institutions for the long haul. -
Blueprint for Balance: a FEDERAL BUDGE T F OR FY 20 18
Blueprint for Balance: A FEDERAL BUDGET FOR FY 2018 The Heritage Foundation © 2017 by The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 (202) 546-4400 | heritage.org All rights reserved. ISBN: 978-0-89195-163-6 Contents Contributors .................................................................................................................................................... ix Introduction: Blueprint for Balance ........................................................................................ 1 Chapter 1: Policies for a Congressional Budget ........................................................... 5 Chapter 2: Budget Proposals ..........................................................................................................13 Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Repeal the USDA Catfish Inspection Program ........................................................................................16 Eliminate the Conservation Technical Assistance Program..................................................................17 Eliminate the Rural Business Cooperative Service.................................................................................18 Prohibit Funding for National School Meal Standards ............................................................................................ and the Community Eligibility Provision 19 Withhold Funding for Federal Fruit and Vegetable Supply Restrictions ............................................20 Repeal -
September 2, 2021
September 2, 2021 The Honorable Chuck Schumer The Honorable Mitch McConnell Senate Majority Leader Senate Minority Leader 322 Hart Senate Office Building 317 Russell Senate Office Building United States Senate United States Senate Washington, D.C. 20510 Washington, D.C. 20510 The Honorable Nancy Pelosi The Honorable Kevin McCarthy 1236 Longworth House Office Building 2468 Rayburn House Office Building Washington, DC 20515 Washington, DC 20515 Dear Leader Schumer, Leader McConnell, Speaker Pelosi, and Leader McCarthy, As our jurisdictions’ Attorneys General, we are responsible for protecting the health, safety, and well-being of our residents. Although our jurisdictions vary in size, geography, and political composition, we are united in our commitment to an effective criminal justice system that safeguards the communities of our states. To that end, a bipartisan coalition of Attorneys General supported the passage of the First Step Act of 2018—landmark legislation that brought common sense improvements to myriad aspects of the criminal justice system. Central to these reforms was retroactive relief for individuals sentenced under the discredited 100-to-1 crack-to-powder cocaine ratio that Congress abolished in 2010. Following the Supreme Court’s recent opinion in Terry v. United States, however, the lowest level crack cocaine offenders remain categorically ineligible for resentencing. We write today to urge Congress to amend the First Step Act, and to clarify that its retroactive relief applies to all individuals sentenced under the prior regime. Congress enacted the historic First Step Act of 2018 to modernize the criminal justice system, implementing comprehensive reform in areas such as corrections, criminal charging, community re-entry, and beyond. -
OVERVIEW of WRITTEN RECORDS EXCEPTIONS, FRE 803 (5) Et Seq
17. WRITTEN RECORDS EXCEPTIONS, FRE 803 (5) et seq. A. OVERVIEW 1. There are lots of exceptions for written documents found in Rule 803. We will focus on the two most important ones: a) Records of a Regularly Conducted Activity, 803(6), which most people call by its nickname, Business Records. b) Public records, 803(8), also sometimes called official records 2. These exceptions are tricky because there is a tendency to confuse the name of the rule with whether it fits into an exception. A document is not a “business record” because it is the record of a business, nor is it a “public record” because it comes from a government office. The only question is whether the foundation has been laid, and they are detailed. A document is only a piece of paper until someone lays a foundation. If you're suing the welfare dept, and trying to get their records into evidence, they could be business records, official records, statements of the opposing party, past recollection recorded, or not hearsay at all because not offered for their truth, depending on the circumstances and what kind of foundation you can lay. 3. These records frequently have hearsay within hearsay problems . Business records may describe both the personal knowledge of employees and also things told to employees by outsiders. The former is covered by the business record exception, the latter is not. It needs its own reason why it is not hearsay. 4. You must distinguish business records from documents with independent legal significance, from admissions of the party-opponent.