Mastering Criminal Law Book
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Ellen S. Podgor et al., Mastering Criminal Law (3rd ed., Carolina Academic Press, 2025)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor et al., Mastering Criminal Law (3rd ed., Carolina Academic Press, 2025)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, Symposium Introduction: White Collar Crime: The Past, Present & Future, 2 Stetson Business Law Review i (2023)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor and Wilma F. Metcalf, The Fox Guarding the Henhouse: Government Review of Attorney-Client Privileged Material in White Collar Cases, 103 B.U. L. Rev. 475 (2023)Clicking on the button will copy the full recommended citation.
Government review of privileged material seized during law office searches or following the subpoena of an attorney to a grand jury, raise genuine concerns that implicate attorney-client privilege, work product doctrine, and ethical mandates of confidentiality. Currently, the review process may be through a Department of Justice taint or filter team, a court appointed special master, or a hybrid of these two approaches. When applied to high-profile cases such as Michael Avenatti, Rudy Giuliani, and Michael Cohen, one sees an inconsistent approach that is largely controlled by the government. Problems arise not only from this lack of uniformity, but also from certain inherent deficiencies in using a taint/filter team to review privileged material.
This Article offers a reconfiguration of this review process starting with the government’s initial decision to opt for a law office search as opposed to grand jury subpoenas duces tecum. It calls for an expansion of ethical mandates to increase the neutrality of this review process, as well as instituting procedures to ensure an independent review of privileged documents that does not compromise a defendant’s right to due process and right to effective assistance of counsel. Although fortifying the judicial role in reviewing privileged materials comes with certain costs, the aggregate benefits provide a more balanced judicial process.
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Ellen S. Podgor, Festschrift in Honor of Peter J. Henning: Most of All a Friend, 68 Wayne L. Rev. 327 (2023)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor et al., Understanding International Criminal Law (4th ed., Carolina Academic Press, 2022)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor et al., International Criminal law: Cases and Materials (5th ed., Carolina Academic Press, 2022)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor et al., White Collar Crime: Law and Practice (5th ed., 2022)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor et al., Criminal Law: Concepts and Practice (5th ed., Carolina Academic Press, 2022)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor et al., Nutshell on White Collar Crime (6th ed., West Academic Publishing, 2022)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, The Role of Business in Combatting Corrupt Criminal Conduct, 83 Ohio St. L.J. 175 (2022)Clicking on the button will copy the full recommended citation.
This Essay examines the role of businesses in exacerbating or combatting corrupt criminal conduct. It uses as examples, the part businesses may have played in the insurrection at the Capitol on January 6th and the part played by businesses in the Russian aggression against Ukraine. It considers the role of both public and private law in combatting criminal conduct, and looks at whether hybrid criminal statutes are needed to facilitate the role businesses can play in assisting the government in the fight against criminal conduct, whether it be within or extraterritorial to this country. Although not advocating for a laissez-faire approach, especially when the company may be involved in criminal activity, it does remind businesses of how they can change their current poor image through an expressive function and in the process assist the government in fighting corrupt criminal conduct.