In Confidence

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Yale University Press, Mar 1, 2009 - Law - 300 pages
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The variety and pervasiveness of confidentiality issues today is breathtaking. Not a day passes without a media report on a breach of confidentiality, a claim of attorney-client privilege, a journalist jailed for refusing to reveal a source, a medical or hospital record improperly disclosed, or a major business deal exposed by anonymous sources. In Confidence examines confidential issues that arise in various disciplines and relationships and considers which should be protected and which should not. Ronald Goldfarb organizes the book around professionals for whom confidentiality is an issue of weighty importance: government officials, attorneys, medical personnel, psychotherapists, clergy, business people, and journalists. In a chapter devoted to each, and in another on spousal privilege, he lays out specific issues and the laws positions on them. He discusses an array of court cases in which confidentiality issues played an important role and decisions were often surprising and controversial. Goldfarb also looks into the criteria that should be used when determining whether secrets must be revealed. His nuanced analysis reveals how federal government practices and technological capabilities increasingly challenge the boundaries of privacy, and his thoughtful insights open the door to meaningful new debate.
 

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Contents

Introduction
1
1 Privacy Confidentiality and Privileged Communications
19
2 Government Secrets
37
3 The AttorneyClient Privilege
59
4 Medical Confidentiality
87
5 Psychotherapists
108
6 The Pastoral Privilege
124
The Spousal Privilege
144
8 Confidentiality in Business
155
The Reach of the First Amendment and the Value of the Anonymous Source
177
10 The Effects of Technology on Confidentiality
203
11 Conclusion
222
Notes
245
Acknowledgments
277
Index
279
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