All Articles tagged privilege

• State Constitutional Commentary
  August 28, 2023 EDT
  STATE CONSTITUTIONS AND PRIVILEGES OR IMMUNITIES
  John L. Rockenbach

  This article makes an originalist case for incorporating state constitutional rights into the federal constitution, relying on the Privileges or Immunities Clause of the Fourteenth Amendment.

• General
  December 31, 2020 EDT
  THE CONSTITUTIONAL STATUS OF SLAVERY: A LAWYER’S INTERPRETATION
  Edward L. Fiandach

  In this article, the author examines the origins of the political thought that eventually coalesced into the American Constitution.

• General
  April 15, 2018 EDT
  CLIENTS, COUNSEL, AND SPOUSES: CASE STUDIES AT THE UNCERTAIN JUNCTION OF THE ATTORNEY-CLIENT AND MARITAL PRIVILEGES
  Jared S. Sunshine

  This article highlights the uncertainties faced by attorneys when mutliple forms of privilege are implicated.

• New York Appeals
  December 13, 2017 EDT
  FOUND AND LOST: RECLAIMING THE PRESS PRIVILEGE FOR NONCONFIDENTIAL INFORMATION
  David McCraw

  This article argues that only with a higher articulated threshold for criticality and necessity can the protection intended by the Shield Law and O’Neill be consistently realized.

• General
  March 23, 2015 EDT
  QUID LEGES SINE MORIBUS VANAE PROFICIENT: A BALANCING APPROACH TO THE POSTMORTEM APPLICATION OF THE ATTORNEY-CLIENT PRIVILEGE
  Kevin J. Maggio

  This article argues that where the balance favors disclosure of the confession, the court should permit disclosure of this otherwise confidential information.

• General
  March 03, 2010 EDT
  TRANSPARENCY AND BANK SUPERVISION
  James E. Kelly

  This article identifies the recent rapid development of the transparency phenomenon in financial services, while noting its relative lack of definition and practical application in jurisprudence and regulatory usage.

• General
  January 01, 2010 EDT
  ETHICS OF LAWYER SOCIAL NETWORKING
  Steven C. Bennett

  This article addresses some of the ethics issues lawyers may face when they use social networking tools.

• General
  August 08, 2009 EDT
  DEFINING RACE THROUGH LAW: ENFORCING THE SOCIAL NORMS OF POWER AND PRIVILEGE
  Donna E. Young

  This essay argues that it is clear that race privilege is likely to go unchallenged in the courts of the United States.

• General
  January 01, 2009 EDT
  FROM THE CIVIL WAR TO THE WAR ON TERROR: THE EVOLUTION AND APPLICATION OF THE STATE SECRETS PRIVILEGE
  Jason A. Crook

  This note analyzes of the state secrets privilege and its practical implications.

• General
  March 03, 2007 EDT
  THE GOVERNMENTAL ATTORNEY-CLIENT PRIVILEGE: WHETHER THE RIGHT TO EVIDENCE IN A STATE GRAND JURY INVESTIGATION PIERCES THE PRIVILEGE IN NEW YORK STATE
  Stacy Lynn Newman

  This comment focuses on whether NYS supports the extension of the evidentiary attorney-client privilege to state government officials represented by government attorneys.

• General
  January 01, 2006 EDT
  NEW YORK’S IMMEDIATE NEED FOR A PSYCHOTHERAPIST-PATIENT PRIVILEGE ENCOMPASSING PSYCHIATRISTS, PSYCHOLOGISTS, AND SOCIAL WORKERS
  Rebecca S. Auerbach

  This article argues that New York must replace these three evidentiary privileges--physician, psychologist and social worker--with a single psychotherapist-patient privilege.