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19 Harv. C. R.-C. L. L. Rev. 349 (1984)
Balancing Government Efficiency and the Protection of Individual Liberties: An Analysis of the Conflict between Executive Branch "Housekeeping" Regulations and Criminal Defendants' Rights to a Constitutionally Fair Trial

handle is hein.journals/hcrcl19 and id is 359 raw text is: BALANCING GOVERNMENT EFFICIENCY AND THE PROTECTION OF INDIVIDUAL LIBERTIES: AN ANALYSIS OF THE CONFLICT BETWEEN EXECUTIVE BRANCH HOUSEKEEPING REGULATIONS AND CRIMINAL DEFENDANTS' RIGHTS TO A CONSTITUTIONALLY FAIR TRIALt James F. Ponsoldt* The twentieth century has witnessed a revolutionary expansion in the state's sphere of competence accom- panied by a concomitant increase in its effective power. Permeating all areas of endeavor, its activities and spokesmen too frequently exalt the desideratum of ef- ficiency at the expense of values which, at least in the constitutional order, ought to be of paramount and guiding influence.I Introduction Three Justices dissented from the Supreme Court's recent denial of certiorari in Taliaferro v. Maryland,2 which challenged the validity of a Maryland Rule of Criminal Procedure author- tThe author gratefully acknowledges the research assistance of Amelie Waller, a member of the District of Columbia Bar. *Associate Professor of Law, University of Georgia School of Law. J.D., Harvard Law School, 1972; A.B., Cornell University, 1968. 'R. Walker, The Constitutional and Legal Development of Habeas Corpus as the Writ of Liberty 7 (1960). 2103 S. Ct. 2114 (1983). Justices White, Brennan, and Blackmun dissented. The Maryland Court of Appeals had affirmed petitioner's conviction by a 4-3 vote. Taliaferro v. State, 295 Md. 376, 456 A.2d 29 (1983). As framed by Justice White, the case presented the question whether the exclusion of a witness merely for failure to abide by a discovery rule ... impermissibly infringes upon a defendant's Sixth Amendment right to offer witnesses on his behalf. 103 S. Ct. at 2114 (citations omitted).

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