Abstract
I am much disturbed by the treatment given to privilege, in Moore and Bendix, Congress, Evidence and Rulemaking.' My disturbance centers mainly on their treatment of the marital and physician privileges. As to the first of these (the marital privilege) I am surprised at the seeming suggestion2 that the proposed Court Rules advocated by Moore and Bendix (and rejected by Congress) pretty much supported the husband-wife privilege. Actually, that privilege would have been cut to the bone and into the bone by the Court Rules, leaving only the most meager protection to the privacy of this most intimate human relation.
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