The New Regulation Allowing Federal Agents to Monitor Attorney-Client Conversations: Why it Threatens Fourth Amendment Values
Vikram D. Amar
University of California, Davis - School of Law
Yale Law School
Connecticut Law Review, Vol. 34, No. 4, p. 1163, 2002
In this essay, we address the implications of the Justice Department’s federal regulation allowing federal agents, under some circumstances, to monitor traditionally confidential meetings between federal inmates and their lawyers. We first review the history of attorney-client privilege under federal law and the Constitutional protections for such communications. We then discuss the troubling aspects of the new Ashcraft regulation and propose an alternative to the regulation which would be less intrusive on the rights of federal inmates while addressing the governmental interest in preventing further acts of terrorism.
Number of Pages in PDF File: 5Accepted Paper Series
Date posted: November 23, 2011
© 2013 Social Science Electronic Publishing, Inc. All Rights Reserved.
This page was processed by apollo7 in 0.516 seconds