41 Cited authorities

  1. Brady v. Maryland

    373 U.S. 83 (1963)   Cited 43,539 times   133 Legal Analyses
    Holding that the prosecution violates due process when it suppresses material, favorable evidence
  2. Motor Vehicle Manufacturers Assoc. of the United States, Inc. v. State Farm Mutual Auto. Ins. Co.

    463 U.S. 29 (1983)   Cited 6,639 times   50 Legal Analyses
    Holding that " `settled course of behavior embodies the agency's informed judgment that, by pursuing that course, it will carry out the policies [of applicable statutes or regulations]'"
  3. Giglio v. United States

    405 U.S. 150 (1972)   Cited 12,234 times   29 Legal Analyses
    Holding that prosecution must disclose all information or material that may be used to impeach the credibility of prosecution witnesses where witness's credibility is "an important issue in the case"
  4. United States v. Agurs

    427 U.S. 97 (1976)   Cited 7,520 times   18 Legal Analyses
    Holding that materiality "must be evaluated in the context of the entire record"
  5. Chrysler Corp. v. Brown

    441 U.S. 281 (1979)   Cited 1,283 times   8 Legal Analyses
    Holding that a regulation may have "the force and effect of law" if: it enacts substantive rules affecting individual rights and obligations, and is not merely an interpretive rule or general policy statement; Congress has delegated "quasi-legislative" power to the agency; and the regulation is valid, i.e., the agency has followed applicable procedures such as the Administrative Procedure Act
  6. Douglas Oil Co. v. Petrol Stops Northwest

    441 U.S. 211 (1979)   Cited 1,269 times   2 Legal Analyses
    Holding that a party claiming a particularized need for grand jury material must show that disclosure is necessary to avoid a possible injustice in another judicial proceeding
  7. United States v. Sells Engineering, Inc.

    463 U.S. 418 (1983)   Cited 595 times
    Holding that injunctive relief is warranted where entry was "advancing the public interest by deterring violations of our laws"
  8. Touhy v. Ragen

    340 U.S. 462 (1951)   Cited 660 times   3 Legal Analyses
    Holding that a subordinate agency employee cannot be compelled to comply with a subpoena duces tecum where a valid agency regulation prohibits such compliance in the absence of agency authorization, and where no authorization has been granted
  9. United States v. U.S. Dist. Court for the N. Mar. I.

    694 F.3d 1051 (9th Cir. 2012)   Cited 283 times
    Granting mandamus when a district judge ordered that a government representative with full settlement authority attend a settlement conference
  10. Senate of Puerto Rico v. U.S. Dept of Justice

    823 F.2d 574 (D.C. Cir. 1987)   Cited 490 times
    Holding that the district court did not abuse its discretion in permitting the Government to invoke other FOIA exemptions after its initial reliance on 7 "collapse[d]," and leaving open the question of whether the conclusion of law-enforcement proceedings constitutes a "substantial change in the factual context of the case" sufficient to invoke an appellate court's section 2106 discretion to remand
  11. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 95,318 times   656 Legal Analyses
    Adopting Fed.R.Civ.P. 37
  12. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,463 times   184 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
  13. Rule 45 - Subpoena

    Fed. R. Civ. P. 45   Cited 16,614 times   105 Legal Analyses
    Holding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"
  14. Section 552a - Records maintained on individuals

    5 U.S.C. § 552a   Cited 4,439 times   47 Legal Analyses
    Finding that it is a Department of Justice component that has as its principal function the enforcement of criminal laws includ[ing] correctional authorities
  15. Section 6103 - Confidentiality and disclosure of returns and return information

    26 U.S.C. § 6103   Cited 1,338 times   29 Legal Analyses
    Recognizing an individual's right to privacy with regard to disclosure of tax returns
  16. Section 301 - Departmental regulations

    5 U.S.C. § 301   Cited 481 times   5 Legal Analyses
    Granting rulemaking authority to executive agencies
  17. Section 3401 - Definitions

    12 U.S.C. § 3401   Cited 467 times   8 Legal Analyses
    Striking balance between customer's right of privacy and the need of federal law enforcement agencies to obtain financial records pursuant to legitimate investigations
  18. Section 16.21 - Purpose and scope

    28 C.F.R. § 16.21   Cited 157 times   2 Legal Analyses

    (a) This subpart sets forth procedures to be followed with respect to the production or disclosure of any material contained in the files of the Department, any information relating to material contained in the files of the Department, or any information acquired by any person while such person was an employee of the Department as a part of the performance of that person's official duties or because of that person's official status: (1) In all federal and state proceedings in which the United States

  19. Section 16.26 - Considerations in determining whether production or disclosure should be made pursuant to a demand

    28 C.F.R. § 16.26   Cited 72 times
    Listing various "demands in response to which disclosure will not be made by any Department official"
  20. Section 301.9000-1 - Definitions when used in Sections 301.9000-1 through 301.9000-6

    26 C.F.R. § 301.9000-1   Cited 13 times

    (a)IRS records or information means any material (including copies thereof) contained in the files (including paper, electronic or other media files) of the Internal Revenue Service (IRS), any information relating to material contained in the files of the IRS, or any information acquired by an IRS officer or employee, while an IRS officer or employee, as a part of the performance of official duties or because of that IRS officer's or employee's official status with respect to the administration of

  21. Section 71.27 - Service on the appropriate TTB officer or Administrator

    27 C.F.R. § 71.27   Cited 4 times

    Pleadings, motions, notices, and other formal documents, except subpoenas, may be served, by registered mail or personally, on the appropriate TTB officer (or upon the attorney for the Government on behalf of the appropriate TTB officer, or on the Administrator, if the proceeding is before him for review on appeal). 27 C.F.R. § 71.27 21 FR 1441, 3/6/1956. Redesignated at 40 FR 16835, 4/15/1975, as amended by T.D. ATF-374, 61 FR 29957, 6/13/1996; T.D. TTB-91, 76 FR 5482, 2/1/2011