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The Debate over the Permissibility of Selective Privilege Waiver Orders Under Federal Rule of Evidence 502(d): The Crucial Scope Issues

Dec 1, 2020 | Article, Edward J. Imwinkelried, Evidence, Feature

By Edward J. Imwinkelried Abstract In the past, most common-law courts developed an intense antipathy to privileges because they perceived privileges as obstructing the search for truth. To begin with, the courts made it difficult for claimants to assert privileges by...

The Exclusionary Rule as a Symbol of the Rule of Law

Dec 1, 2014 | Article, Criminal Procedure, Evidence, Fourth Amendment, Jenia I Turner

By Jenia I. Turner Abstract Throughout South America, Southern and Eastern Europe, and East Asia, more than two dozen countries have transitioned to democracy since the 1980s. A remarkable number of these have adopted an exclusionary rule (mandating that evidence...

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