The New Regulation Allowing Federal Agents to Monitor Attorney-Client Conversations: Why it Threatens Fourth Amendment Values

5 Pages Posted: 23 Nov 2011

See all articles by Vikram D. Amar

Vikram D. Amar

University of California, Davis - School of Law; University of Illinois College of Law

Akhil Amar

Yale Law School

Date Written: 2002

Abstract

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.

Suggested Citation

Amar, Vikram D. and Amar, Akhil (Reed), The New Regulation Allowing Federal Agents to Monitor Attorney-Client Conversations: Why it Threatens Fourth Amendment Values (2002). Connecticut Law Review, Vol. 34, No. 4, p. 1163, 2002, Available at SSRN: https://ssrn.com/abstract=1963411

Vikram D. Amar (Contact Author)

University of California, Davis - School of Law ( email )

Martin Luther King, Jr. Hall
Davis, CA CA 95616-5201
United States

University of Illinois College of Law

504 E. Pennsylvania Avenue
Champaign, IL 61820
United States

Akhil (Reed) Amar

Yale Law School ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States

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