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Because if the other records were held not to come within the required records doctrine he would have the privilege to do that, but he has no privilege.
The Wilson Court declared: "By virtue of their character and the rules of law applicable to them, the books and papers are held subject to examination by the demanding authority, the custodian has no privilege to refuse production although their contents tend to criminate him.
We compared the issue to that presented by cases involving public papers, explaining that "where, by virtue of their character and the rules of law applicable to them, the books and papers are held subject to examination by the demanding authority, the custodian has no privilege to refuse production although their contents tend to criminate him". Id., at 382, 31 S.Ct., at 545.
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A municipal corporation, created by a state for the better ordering of government, has no privileges or immunities under the Federal Constitution which it may invoke in opposition to the will of its creator.
Even though the person has no (privilege-) right to perform an action that is wrong, it would nevertheless violate an important (claim-) right of hers for others to compel her not to do that thing.
The majority's apparent reasoning is that collective entities have no privilege and so their employees must have none either.
As he had no privilege with respect to the corporate books and papers, it was his duty to obey.
The department's stance is Risen should have no privilege against testifying, which threatens to draw the administration into a confrontation over freedom of the press.
"While Occupy Boston protesters may be exercising their expressive rights during their protest, they have no privilege under the First Amendment to seize and hold the land on which they sit," wrote Judge Frances A. McIntyre of Suffolk County Superior Court.
"If there are white people who imagine they have no privilege in this world and struggle to achieve and maintain middle-class status, and he says 'reverse discrimination,' it goes right into their amygdala," D'Antonio said.
I do not understand the Court's holding to rely on the statement in the opinion that 'Petitioner had no privilege with respect to the books of the Party * * *.' This statement of course is not relevant in the present case where there is no issue of compelling petitioner to turn over unprivileged documents in her possession.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com