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Legal Ethics and Professional Responsibility

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Selected Works

2016

Articles 31 - 37 of 37

Full-Text Articles in Entire DC Network

Fit And Function In Legal Ethics: Developing A Code Of Conduct For International Arbitration, Catherine A. Rogers Apr 2016

Fit And Function In Legal Ethics: Developing A Code Of Conduct For International Arbitration, Catherine A. Rogers

Catherine Rogers

In this Article, I develop a methodology for prescribing the normative content of a code of ethics for international arbitration, and in a forthcoming companion article, I propose integrated mechanisms for making those norms both binding and enforceable. In making these proposals, I reject the classical conception of legal ethics as a purely deontological product derived from first principles. I argue, instead, that ethics derive from the interrelational functional role of advocates in an adjudicatory system, and that ethical regulation must correlate with the structural operations of the system. The fit between ethics and function, I will demonstrate, not only …

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Context And Institutional Structure In Attorney Regulation: Constructing An Enforcement Regime For International Arbitration, Catherine A. Rogers Apr 2016

Context And Institutional Structure In Attorney Regulation: Constructing An Enforcement Regime For International Arbitration, Catherine A. Rogers

Catherine Rogers

The question that looms large over the future of international arbitration is: How much should states yield to the international arbitration system? This Article attempts to answer the question as it applies to the specific context of regulating attorney conduct.

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Balzacian Legality, Thomas E. Carbonneau Apr 2016

Balzacian Legality, Thomas E. Carbonneau

Thomas Carbonneau

The study of law and literature is an area of growing interest to legal scholars in the United States. Honore de Balzac incorporated in his works a panoramic view of the social reality of nineteenth century France. In this context, the fidelity of Balzac's plots and characters to their external models has been well-documented in a number of fields, including sociology, commerce, and finance. In addition to this penchant for realism, however, Balzac laced his novels with an equally evident moral content. This commitment to accuracy and morality also influenced Balzac's novelistic treatment of the law and lawyers. Balzac's work …

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Genocide And The Eroticization Of Death: Law, Violence, And Moral Purity, Tawia Baidoe Ansah Feb 2016

Genocide And The Eroticization Of Death: Law, Violence, And Moral Purity, Tawia Baidoe Ansah

Tawia B. Ansah

In this article, I ask: What is the relationship between law and morality in response to mass violence and suffering abroad? How does law shape and determine our moral response to mass death and suffering? We repose in the law itself a desire to define the moral and the ethical parameters of legal-political action. Thus, when faced with mass violence and suffering abroad, law functions as a proxy for morality. The legal prohibition under the Genocide Convention defines morality, or cabins the variety of moral responses into a single and universally applicable ethical-legal norm of response to genocide. The moral …

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The Power Of Lawyer Regulators To Increase Client & Public Protection Through Adoption Of A Proactive Regulation System, Laurel S. Terry Dec 2015

The Power Of Lawyer Regulators To Increase Client & Public Protection Through Adoption Of A Proactive Regulation System, Laurel S. Terry

Laurel S. Terry

The idea behind this Article is Ben Franklin's statement that "an ounce of prevention is worth a pound of cure." This Article builds on the author's prior articles that argue that one can think about lawyer regulation issues as involving who-what-when-where-why-and-how to regulate issues. This Article addresses the issue of "WHEN" regulation should occur. It argues that regulators should be trying to PREVENT problems, as well as responding AFTER problems occur.

This Article is primarily directed toward those who regulate U.S. lawyers. The Article argues that the lawyers who head regulatory bodies in the United States have the ability to …

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Transnational Legal Practice 2015, Laurel S. Terry Dec 2015

Transnational Legal Practice 2015, Laurel S. Terry

Laurel S. Terry

This 2015 Year-in-Review article continues the tradition of collecting and publicizing the developments that occurred during the year related to transnational legal practice (TLP).   This year’s article builds on the work set forth in the 2014 Year-in-Review. 
 
The 2014 TLP Year-in-Review provided a departure from the Year-in-Review’s typical method of presentation by identifying two categories of what that article called “TLP-Nets.”  One group of TLP-Nets is nationally based and the other is inherently transnational. The 2014 article identified examples of TLP-Nets and highlighted the meeting points and relationships that facilitate border-crossing for the variety of actors involved in TLP …

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When It Comes To Lawyers… Is An Ounce Of Prevention Worth A Pound Of Cure?, Laurel S. Terry Dec 2015

When It Comes To Lawyers… Is An Ounce Of Prevention Worth A Pound Of Cure?, Laurel S. Terry

Laurel S. Terry

This 3-page blog post addresses the topic of proactive lawyer regulation, which is also known as proactive management-based regulation or PMBR.  This blog post reviews Professor Susan Fortney's article entitled "Promoting Public Protection through an “Attorney Integrity” System: Lessons from the Australian Experience with Proactive Regulation System,"  and summarizes some of the impressive data that Professor Fortney collected in Australia, including her finding that sixty-two percent of the respondents reported that they agreed or strongly agreed with the following statement: the self-assessment process ‘was a learning exercise that enabled our firm to improve client service.’” The article also reports that …

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