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Articles 61 - 90 of 678
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Comment, Traitors In Our Midst: Attorneys Who Inform On Their Own Clients, Aviva Abramovsky
Comment, Traitors In Our Midst: Attorneys Who Inform On Their Own Clients, Aviva Abramovsky
Aviva Abramovsky
No abstract provided.
Marking The Path From Law Student To Lawyer: Using Field Placement Courses To Facilitate The Deliberate Exploration Of Professional Identity And Purpose, Timothy W. Floyd, Kendall L. Kerew
Marking The Path From Law Student To Lawyer: Using Field Placement Courses To Facilitate The Deliberate Exploration Of Professional Identity And Purpose, Timothy W. Floyd, Kendall L. Kerew
Kendall L. Kerew
No abstract provided.
The Path To Lawyer Well-Being: Practical Recommendations For Positive Change (The Report Of The National Task Force On Lawyer Well-Being), Part Ii, Recommendations For Law Schools, David Jaffe
David Jaffe
Symposium On A Free Press And A Fair Trial - Introduction, Donald W. Dowd
Symposium On A Free Press And A Fair Trial - Introduction, Donald W. Dowd
Donald W. Dowd
No abstract provided.
Moving From A Brandeis Brief To A Brandeis Law Firm: Challenges And Opportunities For Holistic Legal Services In The United States, Judith A. Mcmorrow
Moving From A Brandeis Brief To A Brandeis Law Firm: Challenges And Opportunities For Holistic Legal Services In The United States, Judith A. Mcmorrow
Judith A. McMorrow
The need for multidisciplinary approaches to legal services has given rise to increasingly creative service delivery models. The phenomenon is a natural outgrowth of three important ideas that Louis Brandeis developed. First, his work gave rise to the concept of the Brandeis Brief, which in its broader meaning has become a metaphor for the relevance of such social science insights to legal problem-solving. Second, Brandeis introduced the concept of “counsel for the situation” to capture a vision of lawyering that provided a broader identification of the interests involved, again with an orientation on problem-solving. A third idea championed by Brandeis …
Our Institutional Commitment To Teach About The Legal Profession, Ann Southworth, Catherine L. Fisk
Our Institutional Commitment To Teach About The Legal Profession, Ann Southworth, Catherine L. Fisk
Catherine Fisk
No abstract provided.
At Your Service: Lawyer Discretion To Assist Clients In Unlawful Conduct, Paul R Tremblay
At Your Service: Lawyer Discretion To Assist Clients In Unlawful Conduct, Paul R Tremblay
Paul R. Tremblay
The common, shared vision of lawyers’ ethics holds that lawyers ought not collaborate with clients in wrongdoing. Ethics scholars caution that lawyers “may not participate in or assist illegal conduct,” or “giv[e] legal services to clients who are going to engage in unlawful behavior with the attorney as their accomplice.” That sentiment resonates comfortably with the profession’s commitment to honor legal obligations and duties, and to fidelity to the law.
The problem with that sentiment, this Article shows, is that it is not an accurate statement of the prevailing substantive law. The American Bar Association’s model standards governing lawyers prohibit …
The Ethics Of Representing Founders, Paul R Tremblay
The Ethics Of Representing Founders, Paul R Tremblay
Paul R. Tremblay
Lawyers assisting entrepreneurial startups frequently work with individual founders before any formal organizational client materializes. In advising founders about such legal matters as whether to establish an entity, and if so which entity best fits the needs of the enterprise, as well as how to arrange the owners’ relationships within the business, the lawyer necessarily has an attorney-client relationship with someone. The prevailing scholarship about startup representation pays surprisingly little attention to the posture of the lawyer and her founder clients in the pre-organization context. This Article investigates the lawyer’s responsibilities and commitments in depth.
A lawyer working with a …
Application Of Default Rules To Address Financial Conflicts Of Interest In Academic Medical Centers, Joanna K. Sax
Application Of Default Rules To Address Financial Conflicts Of Interest In Academic Medical Centers, Joanna K. Sax
Joanna K Sax
A recent report issued from the Institute of Medicine contains an extensive analysis of financial conflicts of interest (FCOIs) in biomedical science. In brief, an FCOI exists when a profit-seeking motive either unduly influences or appears to influence an academic scientist’s primary obligations. The cornerstone of current policy to address FCOIs at academic medical centers (AMCs) is disclosure; however, disclosure does not appear to appropriately regulate, manage, or eliminate FCOIs.
Although the relationships between intramural scientists and industry and extramural scientists and industry may be structurally different, they both can lead to FCOIs that threaten scientific integrity. Overall, the NIH …
Rebellious Strains In Transactional Lawyering For Underserved Entrepreneurs And Community Groups, Paul R. Tremblay
Rebellious Strains In Transactional Lawyering For Underserved Entrepreneurs And Community Groups, Paul R. Tremblay
Paul R. Tremblay
In his 1992 book Rebellious Lawyering: One Chicano’s Vision of Progressive Law Practice, Gerald Lopez disrupted the conventional understandings of what it meant to be an effective poverty lawyer or public interest attorney. His critiques and prescriptions were aimed at litigators and lawyers similarly engaged in struggles for social change. His book did not address the role of progressive transactional lawyers. Today, transactional lawyers working in underserved communities are far more common. This Essay seeks to apply Lopez’s critiques to the work of those practitioners. I argue here that transactional legal services, or TLS, on behalf of subordinated clients achieves …
Deposition Dilemmas: Vexatious Scheduling And Errata Sheets, 12 Geo. J. Legal Ethics 1 (1998), Darby Dickerson
Deposition Dilemmas: Vexatious Scheduling And Errata Sheets, 12 Geo. J. Legal Ethics 1 (1998), Darby Dickerson
Darby Dickerson
No abstract provided.
Ethics On The Web: An Annotated Bibliography Of Legal Ethics Material On The Internet, 28 Stetson L. Rev. 369 (1998), Darby Dickerson
Ethics On The Web: An Annotated Bibliography Of Legal Ethics Material On The Internet, 28 Stetson L. Rev. 369 (1998), Darby Dickerson
Darby Dickerson
No abstract provided.
Wrongful Death Conflicts For Plaintiffs' Attorneys, Thomas E. Simmons
Wrongful Death Conflicts For Plaintiffs' Attorneys, Thomas E. Simmons
Thomas E. Simmons
No abstract provided.
Foreword: Why “Tradition, Innovation, And New Beginnings: Celebrating The History Of The Dickinson Law Review” Is An Appropriate Title For Volume 122(1), Laurel S. Terry
Foreword: Why “Tradition, Innovation, And New Beginnings: Celebrating The History Of The Dickinson Law Review” Is An Appropriate Title For Volume 122(1), Laurel S. Terry
Laurel S. Terry
The Jewel In The Crown: Can India’S Strict Liability Doctrine Deepen Our Understanding Of Tort Law Theory?, Deepa Badrinarayana
The Jewel In The Crown: Can India’S Strict Liability Doctrine Deepen Our Understanding Of Tort Law Theory?, Deepa Badrinarayana
Deepa Badrinarayana
The Legal Profession's Rule Against Vouching For Clients: Advocacy And The Manner That Is The Man Himself, Thomas L. Shaffer
The Legal Profession's Rule Against Vouching For Clients: Advocacy And The Manner That Is The Man Himself, Thomas L. Shaffer
Thomas L. Shaffer
Modem American lawyers impose on one another regulatory rules that speak to the old argument but have not resolved it. One of these requires lawyers to advocate the interests of their clients with zeal; another forbids them from arguing that they believe what they say, or in the merit of what they are asking the government to do. The latter of these is a rule against vouching for clients. Rules that require zeal and forbid vouching seek to prevent both advertent deceit and an "unprofessional" limitation of advocacy to causes lawyers believe in. My claim is that these rules are …
Lawyers And Biblical Prophets, Thomas L. Shaffer
Lawyers And Biblical Prophets, Thomas L. Shaffer
Thomas L. Shaffer
This is part of a broader exploration of the suggestion that the biblical prophets-Moses, Isaiah, Jeremiah, Amos, Nathan, and the others-are sources of ethical reflection and moral example for modern American lawyers. The suggestion appears to be unusual; I am not sure why. The Prophets were, more than anything else, lawyers-as their successors, the Rabbis of the Talmud, were. They were neither teachers nor bureaucrats, not elected officials or priests or preachers. And the comparison is not an ancient curiosity: Much of what admirable lawyer-heroes have done in modern America has been prophetic in the biblical sense-that is, what they …
The Gentleman In Professional Ethics, Thomas L. Shaffer
The Gentleman In Professional Ethics, Thomas L. Shaffer
Thomas L. Shaffer
No abstract provided.
The Legal Ethics Of Servanthood, Thomas L. Shaffer
The Legal Ethics Of Servanthood, Thomas L. Shaffer
Thomas L. Shaffer
No abstract provided.
Applying The Revised Aba Model Rules In The Age Of The Internet: The Problem Of Metadata, Ronald D. Rotunda
Applying The Revised Aba Model Rules In The Age Of The Internet: The Problem Of Metadata, Ronald D. Rotunda
Ronald D. Rotunda
When lawyers receive a document — whether hard copy or an electronic document — that they know the adversary sent them inadvertently (for example, a fax or email mistakenly sent to an adversary lawyer instead of to co-counsel), the black letter rule in Rule 4.4 requires the lawyer to notify the other side. However, this Rule does not require the receiving lawyer to return the document unread. Whether the receiving lawyer can use that document depends, in essence, on the law of evidence. If the court decides that the document lost its privileged status (perhaps because the sending lawyer acted …
Neuroimaging And The "Complexity" Of Capital Punishment, O. Carter Snead
Neuroimaging And The "Complexity" Of Capital Punishment, O. Carter Snead
O. Carter Snead
The growing use of brain imaging technology to explore the causes of morally, socially, and legally relevant behavior is the subject of much discussion and controversy in both scholarly and popular circles. From the efforts of cognitive neuroscientists in the courtroom and the public square, the contours of a project to transform capital sentencing both in principle and in practice have emerged. In the short term, these scientists seek to play a role in the process of capital sentencing by serving as mitigation experts for defendants, invoking neuroimaging research on the roots of criminal violence to support their arguments. Over …
The Pedagogical Significance Of The Bush Stem Cell Policy: A Window Into Bioethical Regulation In The United States, O. Carter Snead
The Pedagogical Significance Of The Bush Stem Cell Policy: A Window Into Bioethical Regulation In The United States, O. Carter Snead
O. Carter Snead
The enormous significance of the Bush stem cell funding policy has been evident since its inception. The announcement of the policy on August 9, 2001 marked the first time a U.S. president had ever taken up a matter of bioethical import as the sole subject of a major national policy address. Indeed, the August 9th speech was the President's first nationally televised policy address of any kind. Since then, the policy has been a constant focus of attention and discussion by political commentators, the print and broadcast media, advocacy organizations, scientists, elected officials, and candidates for all levels of office …
Unique, Novel, And Unsound Adversary Ethic, Thomas L. Shaffer
Unique, Novel, And Unsound Adversary Ethic, Thomas L. Shaffer
Thomas L. Shaffer
No abstract provided.
Symposium: Client Counseling And Moral Responsibility, Thomas L. Shaffer, Deborah L. Rhode, Paul R. Tremblay, Robert F. Cochran
Symposium: Client Counseling And Moral Responsibility, Thomas L. Shaffer, Deborah L. Rhode, Paul R. Tremblay, Robert F. Cochran
Thomas L. Shaffer
No abstract provided.
The Legal Ethics Of The Two Kingdoms, Thomas L. Shaffer
The Legal Ethics Of The Two Kingdoms, Thomas L. Shaffer
Thomas L. Shaffer
No abstract provided.
On Living One Way In Town And Another Way At Home, Thomas L. Shaffer
On Living One Way In Town And Another Way At Home, Thomas L. Shaffer
Thomas L. Shaffer
No abstract provided.
Is This Appropriate?, Thomas L. Shaffer, Julia B. Meister
Is This Appropriate?, Thomas L. Shaffer, Julia B. Meister
Thomas L. Shaffer
No abstract provided.
Business Lawyers, Baseball Players, And The Hebrew Prophets, Thomas L. Shaffer
Business Lawyers, Baseball Players, And The Hebrew Prophets, Thomas L. Shaffer
Thomas L. Shaffer
This article is a reflection on the ethics of practiving law for business, building on the career of Scott Boras, who acts as agent and lawyer for professional baseball players. The reflection wonders at the clout corporate lawyers have over their clients, mentioning, of course, some personal experiences (back before the invention of moveable type) from the author's two years in a large business-oriented law firm, as well as on Mr. Boras's significant influence in the baseball world. The object, finally, is ethical reflection on such things as the particular a lawyer has when she in in house rather than …
Internal Dispute Resolution: The Transformation Of Civil Rights In The Workplace, John M. Lande, Lauren B. Edelman, Howard S. Erlanger
Internal Dispute Resolution: The Transformation Of Civil Rights In The Workplace, John M. Lande, Lauren B. Edelman, Howard S. Erlanger
Lauren Edelman
Many employers create internal procedures for the resolution of discrimination complaints. We examine internal complaint handlers' conceptions of civil rights law and the implications of those conceptions for their approach to dispute resolution. Drawing on interview data, we find that complaint handlers tend to subsume legal rights under managerial interests. They construct civil rights law as a diffuse standard of fairness, consistent with general norms of good management. Although they seek to resolve complaints to restore smooth employment relations, they tend to recast discrimination claims as typical managerial problems. While the assimilation of law into the management realm may extend …
Financial Hospitals: Defending The Fed’S Role As A Market Maker Of Last Resort, José Gabilondo
Financial Hospitals: Defending The Fed’S Role As A Market Maker Of Last Resort, José Gabilondo
José Gabilondo
During the last financial crisis, what should the Federal Reserve (the Fed) have done when lenders stopped making loans, even to borrowers with sterling credit and strong collateral? Because the central bank is the last resort for funding, the conventional answer had been to lend freely at a penalty rate against good collateral, as Walter Bagehot suggested in 1873 about the Bank of England. Acting thus as a lender of last resort, the central bank will keep solvent banks liquid but let insolvent banks go out of business, as they should. The Fed tried this, but when the conventional wisdom …