Tournament: Harvard Westlake | Round: 1 | Opponent: na | Judge: na
My value is liberty - We should focus on individual rights because they are composed of our rationality and our ability to choose which defines our freedom.
Beneficial Professor of Law, Harvard University Charles Fried, 2005; Associate Justice, Supreme Judicial Court of Massachusetts; Solicitor General of the United States The Nature and Importance of Liberty, http://www.law.harvard.edu/students/orgs/jlpp/Vol29_No1_Fried.pdf
What is liberty...in that campaign.
My criteria is upholding rights through the rule of law
Galston 1999 Expressive Liberty, Moral Pluralism, and Political Pluralism: Three Sources of Liberal Theory William and Mary Law Review
We are familiar ... and associational practices.
Contention 1: The affirmative violates constitution
First- Truth Seeking violates the 6th Amendment right to effective counsel because it denies privilege
Dashjian 1982 Michael SOURCE? Law Review People v. Meredith: The Attorney-Client Privilege and the Criminal Defendant's Constitutional Rights URL or LEXIS/JSTOR
attorney-client privilege ....confidences to the prosecution
Second- 2. Attorney client privilege is key to the justice system because it enables the attorney to do the best job possible – without the privilege, the attorney won’t be effective
Forte, 2003 – Managing Partner at Smith, Gambrell, and Russell, LLP What the Attorney-Client Privilege Really Means Trust the Leaders Issue 5 / Fall 2003 http://www.sgrlaw.com/resources/trust_the_leaders/leaders_issues/ttl5/916/
the privilege ensures ....administration of justice
Third- . Attorney-client privilege is necessary because it allows a lawyer to properly prepare and is more likely to allow discussion of all the facts of the event.
Hazard 1978 – Professor of Law, Yale University California Law Review Vol. 66, No. 5, Sep 1978: An Historical Perspective on the Attorney-Client Privilege JSTOR
The privilege is ....a favorable light
Fourth- The protection of constitutional right to counsel trumps truth-seeking – the judge is required to uphold the constitution.
Dashjian 1982 Michael SOURCE? Law Review People v. Meredith: The Attorney-Client Privilege and the Criminal Defendant's Constitutional Rights URL or LEXIS/JSTOR
The state’s interest ....to those safeguards
Fifth- Attorney-Client Privilege turns truth seeking because it encourages communication between the people and their attorneys and makes the attorney more apt to discover the truth.
Rice 1998 - Professor of Law, American University Paul R., Washington College of Law, Attorney-Client Privilege: The Eroding Concept of Confidentiality Should be Abolished, Duke Law Review Vol. 47 No. 5 pp. 857-858
The attorney-client ... their client’s interests