Privilege

Privilege in the United States

Resources

See Also

  • Legal Topics.
  • Further Reading (Articles)

    Privilege and in-house counsel: Tips to avoid waiver of privilege part 2., Mondaq Business Briefing; December 25, 2011

    Spousal Privileges in the Federal Law, The FBI Law Enforcement Bulletin; August 1, 2003; Kardell, Robert

    Privileges or Immunities, Northwestern University Law Review; January 1, 2011; Hamburger, Philip

    Privileges parlementaires: N.B. Broadcasting Co. c. Nouvelle-Ecosse., Revue parlementaire canadienne; December 22, 1996; Michel Bonsaint

    Privilege’s limits, The Boston Globe (Boston, MA); July 31, 2007; Harvey Silverglate Harvey Silverglate a Cambridge-based lawyer was cocounsel for Senator Mike Gravel’s legislative privilege case.

    Tax Privilege, a Mixed Blessing, The CPA Journal; October 1, 1998; Woehlke, James A. Pascarella, Stephen E., II

    Privilege, Mondaq Business Briefing; September 11, 2013

    Reporters Privilege Recognized in Important Missouri Lawsuit, St. Louis Journalism Review; May 1, 1998; Sableman, Mark

    Legal Privilege., Mondaq Business Briefing; May 22, 2008

    Understanding Privilege, Mondaq Business Briefing; November 25, 2013; Rushton, Leah

    The Privilege and Perils of Public Accounting, The National Public Accountant; December 1, 2000; Siegler, Sylvan Weiner, Stanley P.

    Privilege Revealed: How Invisible Preference Undermines America., The Women’s Review of Books; April 1, 1997; Russell, Margaret M.

    Privilege and confidentiality: confusing principles., The Tax Adviser; June 1, 1992; Karon, Robert I.

    Claiming Privilege in Discovery, Mondaq Business Briefing; May 16, 2014; Papelian, Jeanmarie

    Social Privilege: A “Lefty’s” Perspective, The Hispanic Outlook in Higher Education; July 3, 2006; Beebe, Anthony E

    professional privilege, Accountancy SA; November 1, 2004; Dijkman, Jan

    Privilege and in-house counsel – Tips to ensure privilege applies., Mondaq Business Briefing; December 10, 2011

    Privilege Management Software provides auditable environment.(Avecto Privilege Guard Extends User Account Control for the Enterprise), Product News Network; March 28, 2011

    Evidentiary Privilege, Encyclopedia of the American Constitution; January 1, 2000

    Privilege Issues That Arise When Dealing with outside Consultants, Mondaq Business Briefing; February 12, 2013

    Privilege in 1899 (United States)

    The following information about Privilege is from the Cyclopaedia of Political Science, Political Economy, and the Political History of the United States by the Best American and European Writers.

    PRIVILEGE. (See PARLIAMENTARY LAW.)

    Author of this text:

    Privilege meaning

    A relative subjective legal right particular to an individual person rather than to persons generally.

    The tort of libel or slander will not lie where the communication was privileged.

    Privilege is either absolute or conditional. Absolute privilege protects the speaker regardless of their motive. It exists in cases of legislative debates, judicial arguments, and military service. Conditional or qualified privileg protects statements where there is no showing of actual malice on the part of the speaker. Qualified privilege may be claimed in matters of public interest or where necessary to protect one’s private interests and mate to a person having an interest in the same matter.
    Saroyan v. Burkett, 57 Cal.2d 706, 21 Cal.Rptr. 557, 558, 371 P.2d 293.

    Privileges are generally based either on consent or law. Legal privileges exist generally because of some overriding public interest.

    Sims v. United Pacific Ins. Co., D.C. Idaho, 51 F.Supp. 433, 435
    Brooks v. Texas Employer’s Ins. Ass’n, Tex.Civ,App. 358 S.W.2d 412, 414.

    White Privilege in relation to Crime and Race

    White Privilege is included in the Encyclopedia of Race and Crime (1), beginning with: White privilege can be defined as an advantage given to or enjoyed by White people in the United States and elsewhere. This advantage has been viewed as a “right” that exempts those of European descent from restrictions and burdens imposed on members of groups that do not fall within the category of White. Educators and others who define White privilege and challenge its structure argue that this privilege is so pervasive and part of everyday society in the United States that those who benefit from it often fail to recognize it and may even deny its existence (e.g., “I am not racist” and “Everyone has an equal chance of being successful in our society”). This advantage of White persons over non-White persons creates disparities between Whites and non-Whites.

    Resources

    Notes and References

    1. Entry about White Privilege in the Encyclopedia of Race and Crime

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