Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Legal ethics (14)
- Adversary system (Law) (6)
- Attorney & client (4)
- Constitutional law (4)
- Corporate lawyers (3)
-
- Drugs -- Safety measures (3)
- Medicine -- Research (3)
- Contract theory -- Study & teaching (2)
- Defense attorneys (2)
- Direct mail advertising (2)
- Ethics (2)
- Exclusionary rule (Evidence) (2)
- Fraud (2)
- Lawyers -- Malpractice (2)
- Legal formalism (2)
- Medical ethics (2)
- Perjury (2)
- Power (Social sciences) (2)
- Professionalism (2)
- Standard of review (Law) (2)
- 2001-2009. (1)
- Abortion (1)
- Administrative law reform (1)
- Advertising -- Drugs (1)
- Altruism (1)
- Appellate opinions (1)
- Appellate procedure (1)
- Appropriation (Torts) (1)
- Arbitration & award (1)
- Assistance in emergencies -- Law & legislation (1)
Articles 1 - 30 of 58
Full-Text Articles in Entire DC Network
Power As A Factor In Lawyers' Ethical Deliberation, Susan D. Carle
Power As A Factor In Lawyers' Ethical Deliberation, Susan D. Carle
Hofstra Law Review
A fundamental disagreement among legal ethics scholars concerns the difference between client-centered and justice-centered approaches to lawyers' ethical obligations. Advocates of client-centered approaches put lawyers' duty to the client first. Justice-centered theorists critique the elevation of the client's interests over other important concerns lawyers affect through the work they do on behalf of clients. Scholars who adopt justice-centered approaches argue that lawyers' ethical obligations should be analyzed with a paramount focus on achieving justice.
Legal ethicists often view these two approaches as inconsistent with each other, but I argue in this Article that they are not necessarily so. Building on …
Contract Formalism, Scientism, And The M-Word: A Comment On Professor Movsesian's Under-Theorization Thesis, Jeffrey M. Lipshaw
Contract Formalism, Scientism, And The M-Word: A Comment On Professor Movsesian's Under-Theorization Thesis, Jeffrey M. Lipshaw
Hofstra Law Review
In two recent essays, Professor Mark L. Movsesian has suggested that a significant difference between the classical formalism of Williston and the formalism of contemporary contracts scholars is the extent to which the earlier work was under-theorized. I want to suggest an area in which there is a consistency to the under-theorization between the classical and the modern contract formalists: the extent to which theorization in anything that approaches metaphysics is, and has been, consistently anathema. Modern theorizing is overwhelmingly of a particular form: dispassionate social science inquiry into how we tick, rarely questioned but implicit norms shaped solely around …
Henry Lord Brougham And Zeal, Monroe H. Freedman
Henry Lord Brougham And Zeal, Monroe H. Freedman
Hofstra Law Review
In a recent article, Professors Fred Zacharias and Bruce Green undertook to "reconceptualize" advocacy ethics. In the course of that article, they rejected the ethic of zeal, and stated erroneously that Henry Lord Brougham had himself repudiated his famous statement on zealous advocacy.
Inspired by Brougham almost two centuries ago, the "traditional aspiration" of zealous advocacy remains "the fundamental principle of the law of lawyering" and "the dominant standard of lawyerly excellence" among lawyers today. To paraphrase the ABA's 1908 Canons of Professional Ethics, the ethic of zeal requires that the lawyer give entire devotion to the interests of the …
Remarks On The Installation Of Mark Movsesian As Max Schmertz Distinguished Professor Of Law, John O. Mcginnis
Remarks On The Installation Of Mark Movsesian As Max Schmertz Distinguished Professor Of Law, John O. Mcginnis
Hofstra Law Review
No abstract provided.
The Case For Selective Abolition Of The Rules Of Evidence, David Crump
The Case For Selective Abolition Of The Rules Of Evidence, David Crump
Hofstra Law Review
This article advocates selectively abolishing the exclusionary components in the Federal Rules of Evidence. Arguing that some parts of the existing rules cost more than the value of any benefits they provide, it is the author's position that the current system is sufficiently dysfunctional so as to make significant revisions in the Rules of Evidence worthwhile. The article examines the hearsay rule, the rules governing repetitive-behavior evidence, and issues regarding opinion evidence, experts, and authentication. The article proceeds to consider the rest of the FRE 400 series - particularly Rules 401 through 403 - and proposes modifications. Next, the article …
Bias In Direct-To-Consumer Advertising And Its Effect On Drug Safety, Marvin M. Lipman
Bias In Direct-To-Consumer Advertising And Its Effect On Drug Safety, Marvin M. Lipman
Hofstra Law Review
No abstract provided.
Legal Ethics In An Adversary System: The Persistent Questions, Deborah L. Rhode
Legal Ethics In An Adversary System: The Persistent Questions, Deborah L. Rhode
Hofstra Law Review
No abstract provided.
Monroe Freedman's Solution To The Criminal Defense Lawyer's Trilemma Is Wrong As A Matter Of Policy And Constitutional Law, Stephen Gillers
Monroe Freedman's Solution To The Criminal Defense Lawyer's Trilemma Is Wrong As A Matter Of Policy And Constitutional Law, Stephen Gillers
Hofstra Law Review
No abstract provided.
Secret Evidence Is Slowly Eroding The Adversary System: Cipa And Fisa In The Courts, Ellen Yaroshefsky
Secret Evidence Is Slowly Eroding The Adversary System: Cipa And Fisa In The Courts, Ellen Yaroshefsky
Hofstra Law Review
No abstract provided.
Do Bar Association Ethics Committees Serve The Public Or The Profession? An Argument For Process Change, Hon. David G. Trager
Do Bar Association Ethics Committees Serve The Public Or The Profession? An Argument For Process Change, Hon. David G. Trager
Hofstra Law Review
No abstract provided.
"Play In The Joints Between The Religion Clauses" And Other Supreme Court Catachreses, Carl H. Esbeck
"Play In The Joints Between The Religion Clauses" And Other Supreme Court Catachreses, Carl H. Esbeck
Hofstra Law Review
Consistent with its fumbling of late when dealing with cases involving religion, the U.S. Supreme Court has taken to reciting the metaphor of play in the joints between the Religion Clauses. This manner of framing the issue before the Court presumes that the Free Exercise and Establishment Clauses run in opposing directions, and indeed will often conflict. It then becomes the Court's task, as it sees it, to determine if the law in question falls safely in the narrows where there is space for legislative action neither compelled by the Free Exercise Clause nor prohibited by the Establishment Clause. The …
Sanctioning Insurance Carriers For Bad-Faith Litigation Practices: A Proposal To Change The "Named Party" Rule, Andrea Yoon
Sanctioning Insurance Carriers For Bad-Faith Litigation Practices: A Proposal To Change The "Named Party" Rule, Andrea Yoon
Hofstra Law Review
No abstract provided.
Foreword: Biomedical Reasearch And The Law-Selected Issues: The Pharmaceutical Industry And Its Relationship With Government, Academia, Physicians And Consumers, Janet L. Dolgin, Joel Weintraub
Foreword: Biomedical Reasearch And The Law-Selected Issues: The Pharmaceutical Industry And Its Relationship With Government, Academia, Physicians And Consumers, Janet L. Dolgin, Joel Weintraub
Hofstra Law Review
The articles in this issue developed from a conference entitled Biomedical Research and the Law, held at Hofstra University in the fall of 2006. The conference explored conflicts of interest created by industry's support for biomedical research. Participants considered how to safeguard the integrity of research and the safety of drugs while encouraging the development of treatments for disease.
Debating Conflicts: Medicine, Commerce, And Contrasting Ethical Orders, Janet L. Dolgin
Debating Conflicts: Medicine, Commerce, And Contrasting Ethical Orders, Janet L. Dolgin
Hofstra Law Review
This article, prepared in the context of a conference at Hofstra in October 2006 ("Biomedical Research and the Law") considers contrasting responses to conflicts of interest occasioned by physicians' financial links to the pharmaceutical industry. Debate about the appropriate relationship between physicians and industry is grounded in the development known to historians of ideas as the shift in western culture from status to contract. The article summarizes the shift and then describes its consequences for and effects within the world of health care. The paper focuses on comparing an ethical order that continues to reflect traditional patterns in directing physicians' …
They Killed Her For Going Out With Boys: Honor Killings In Turkey In Light Of Turkey's Accession To The European Union And Lessons For Iraq, Rebecca E. Boon
They Killed Her For Going Out With Boys: Honor Killings In Turkey In Light Of Turkey's Accession To The European Union And Lessons For Iraq, Rebecca E. Boon
Hofstra Law Review
No abstract provided.
You Can't Choose Your Parents: Why Children Raised By Same-Sex Couples Are Entitled To Inheritance Rights From Both Their Parents, Carissa R. Trast
You Can't Choose Your Parents: Why Children Raised By Same-Sex Couples Are Entitled To Inheritance Rights From Both Their Parents, Carissa R. Trast
Hofstra Law Review
No abstract provided.
Judicial Ethics, The Appearance Of Impropriety, And The Proposed New Aba Judicial Code, Ronald D. Rotunda
Judicial Ethics, The Appearance Of Impropriety, And The Proposed New Aba Judicial Code, Ronald D. Rotunda
Hofstra Law Review
We sometimes think, loosely, that ethics is good and that therefore more is better than less. But more is not better than less, if the more exacts higher costs, measured in terms of vague rules that impose unnecessary and excessive burdens. Overly-vague ethics rules impose costs on the judicial system and the litigants, which we should weigh when determining whether to impose ill-defined and indefinite ethics prohibitions on judges. Unnecessarily imprecise ethics rules allow and tempt critics, with minimum effort, to levy a plausible and serious charge that the judge has violated the ethics rules. Overuse not only invites abuse …
Asylum And Oral Argument: The Judiciary In Immigration And The Second Circuit Non-Argument Calendar, Erick Rivero
Asylum And Oral Argument: The Judiciary In Immigration And The Second Circuit Non-Argument Calendar, Erick Rivero
Hofstra Law Review
No abstract provided.
Timing Controversial Decisions, Cass R. Sunstein
Timing Controversial Decisions, Cass R. Sunstein
Hofstra Law Review
No abstract provided.
Reading Back, Reading Black, I. Bennett Capers
Reading Back, Reading Black, I. Bennett Capers
Hofstra Law Review
This essay builds on post-colonial theory and black literary theory to pose a pair of questions. If the reading of Western literature can be enriched by examining the great canonical texts through the lens of race, can a similar enrichment obtain from using a similar reading practice to read the law? Stanley Fish has argued that we each belong to interpretive communities, and that members of these communities are guided in their readings of texts by a common consciousness, which produces interpretive "strategies [that] exist prior to the act of reading and therefore determine the shape of what is read." …
To Attain "The Just Rewards Of So Much Struggle": Local-Resident Equity Participation In Urban Revitalization, Barbara L. Bezdek
To Attain "The Just Rewards Of So Much Struggle": Local-Resident Equity Participation In Urban Revitalization, Barbara L. Bezdek
Hofstra Law Review
Annually, Americans pour out their sympathy for people displaced from their communities by natural disasters such as fires, floods, and hurricanes. We respond, knowing the anchor that the concept of "home" supplies to body, soul, and family; we intuit the toll exacted by the loss of familiar walls, private homes and community-shared places. Yet, redevelopment policy and practice in the U.S. today relies upon the massive relocation of poor people and the destruction of poor people's neighborhoods with only token recognition of the costs and burdens imposed on the displaced. Although the devastation of community, family, and lives is just …
Peril Invites Rescue: An Evolutionary Perspective, Bailey Kuklin
Peril Invites Rescue: An Evolutionary Perspective, Bailey Kuklin
Hofstra Law Review
No abstract provided.
"Wide Open": Nevada's Innovative Market In Partnership Law, Allan W. Vestal
"Wide Open": Nevada's Innovative Market In Partnership Law, Allan W. Vestal
Hofstra Law Review
No abstract provided.
The Use Of Mackinnon's Dominance Feminism To Evaluate And Effectuate The Advancement Of Women Lawyers As Leaders Within Large Law Firms, Amanda J. Albert
The Use Of Mackinnon's Dominance Feminism To Evaluate And Effectuate The Advancement Of Women Lawyers As Leaders Within Large Law Firms, Amanda J. Albert
Hofstra Law Review
No abstract provided.
Interpreting Searches Of Pretrial Releases Through The Lens Of The Fourth Amendment Special Needs Exception, Melissa Weiss
Interpreting Searches Of Pretrial Releases Through The Lens Of The Fourth Amendment Special Needs Exception, Melissa Weiss
Hofstra Law Review
No abstract provided.
You Are Living In A Gold Rush, Richard Delgado
You Are Living In A Gold Rush, Richard Delgado
Hofstra Law Review
This article argues that our times, characterized as they are by dreams of vast wealth, environmental destruction, and growing social inequality, resemble nothing so much as earlier get-rich-quick periods like the Gilded Age and the California gold rush.
I put forward a number of parallels between those earlier periods and now, and suggest that the current fever is likely to end soon. This will come as a relief to those of you who, like me, deplore the regressive social policies, bellicose foreign relations, and coarsening of public taste that we have been living through-even if some of our more libertarian …
Reviving The Nuclear Power Option In The United States: Using Domestic Energy Law To Cure Two Perceptions Of International Law Illegality, James E. Hickey Jr.
Reviving The Nuclear Power Option In The United States: Using Domestic Energy Law To Cure Two Perceptions Of International Law Illegality, James E. Hickey Jr.
Hofstra Law Review
Two perceptions, right or wrong, of international law illegality on the part of the United States have arisen in the last few years with regard to both the use of military force in Iraq and to global warming. The first perception is that the United States invaded Iraq illegally to secure a significant source of foreign oil. The second perception is that the United States ignores the letter and spirit of the evolving international climate change regime to reduce greenhouse gas ("GHG") emissions.
Both perceptions of international law illegality directly reflect the domestic growth energy policy of the United States …
The Nature And Impact Of The "Tort Reform" Movement, F. Patrick Hubbard
The Nature And Impact Of The "Tort Reform" Movement, F. Patrick Hubbard
Hofstra Law Review
For over thirty years, repeat players on the defense side of tort litigation have undertaken to "reform" tort doctrine in their favor. Initially, these efforts consisted of ad hoc efforts to address a series of "crises," primarily in terms of the cost and availability of liability insurance. In the 1980s, the tort reform movement began to develop a more permanent institutionalized approach to the push for "reform." Not surprisingly, there has been considerable debate about the goals of this movement, the fairness or efficiency of the specific doctrinal reforms it seeks, and the methods it uses. This Article places this …
"We'll Know It When We Can't Hear It": A Call For A Non-Pornography Test Approach To Recognizing Non-Public Information, J. Scott Colesanti
"We'll Know It When We Can't Hear It": A Call For A Non-Pornography Test Approach To Recognizing Non-Public Information, J. Scott Colesanti
Hofstra Law Review
Supreme Court Justice Potter Stewart once authored a concurring opinion in which he explained that, while he would not attempt to delineate pornographic materials, he knew pornography when he saw it.
Likewise, in the field of insider trading, the courts and others have embraced such pragmatism, namely, effectively transforming the test for identifying insider trading (trading while aware of "material" and "nonpublic" information) to a weighing of such considerations as whether the defendant had access to insiders, betrayed a confidence, and/or captured a profit. Such a pornography test approach - while satisfying on some level of expedience - fails to …
Evolving Evidentiary Needs: A Neglected Responsibility, Paul R. Rice
Evolving Evidentiary Needs: A Neglected Responsibility, Paul R. Rice
Hofstra Law Review
No abstract provided.