Tournament: UT | Round: 8 | Opponent: NEG | Judge: NEG
Counterplan text: The criminal justice system should assign control of the government attorney-client privilege to the litigating authority of whatever relevant agency. This authority will have control when the privilege is waived. Solvency advocate:
Blumenauer, Kerri. J.D., Fordham School of Law. “Privileged or Not? How the Current Application of the Government Attorney-Client Privilege Leaves the Government Feeling Unprivileged.” 75 Fordham Law Review. 1. 2006.
Entity Controls Approach ... the civil context.
Solves aff - my plan uses internal checks.
Blumenauer, Kerri. J.D., Fordham School of Law. “Privileged or Not? How the Current Application of the Government Attorney-Client Privilege Leaves the Government Feeling Unprivileged.” 75 Fordham Law Review. 1. 2006.
B. Application of the ... the interests differently.
Competition:
1) I advocate that we retain acp for officials - aff doesn’t get to fiat abrogating acp for truth-seeking - that's the client's call.
2) I compete by net benefits:
Internal balancing through entities solves case better - also avoids chilling effect, which severs your offense.
Blumenauer, Kerri. J.D., Fordham School of Law. “Privileged or Not? How the Current Application of the Government Attorney-Client Privilege Leaves the Government Feeling Unprivileged.” 75 Fordham Law Review. 1. 2006.
C. Judicial Balancing ... government seems redundant.