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Cardozo Public Law, Policy & Ethics Journal

Abstract

The article argues that the federal government, particularly through the Department of Justice, has launched a multi-faceted assault on the attorney-client privilege, undermining its protections. Recent laws, rules, and policies, such as the Attorney General's monitoring rules for inmate communications and the Department of Justice's guidelines pressuring corporations to waive privilege, threaten the confidentiality essential to the attorney-client relationship. These actions, often justified under the guise of national security and combating corporate fraud, erode constitutional rights and the adversarial system of justice.

Disciplines

Communications Law | Criminal Law | Criminal Procedure | Evidence | Law | Law Enforcement and Corrections | Legal Profession

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