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Legal Ethics and Professional Responsibility

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2005

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Theorizing Agency, Susan Carle Dec 2005

Theorizing Agency, Susan Carle

American University Law Review

Progressive legal scholars today exhibit contrasting views on the scope of legal actors' agency in making "choices" about how to lead their lives. Feminist legal scholar Joan C. Williams, for example, challenges claims that women who leave the paid workforce to stay home with children have made a voluntary choice to take this path. Critical race scholar Ian Haney López, on the other hand, argues that the social construction of racial identity occurs precisely through the many voluntary choices members of both subordinated and dominant racial groups make about matters that implicate racial meanings. Williams contests the idea of voluntary …


Familiar Battles For Bioethics: Facing Off Over Transplantation, Paul A. Lombardo Dec 2005

Familiar Battles For Bioethics: Facing Off Over Transplantation, Paul A. Lombardo

Faculty Publications By Year

No abstract provided.


Legal Ethics, Patrick Emery Longan Dec 2005

Legal Ethics, Patrick Emery Longan

Mercer Law Review

The Georgia Supreme Court and the Georgia Court of Appeals decided a number of cases concerning the professional responsibilities of lawyers during the survey period. Those cases concerned attorney discipline, malpractice, bar admission, attorney fees and liens, ineffective assistance of counsel, and judicial ethics and recusal.


Conference Registration Nov 2005

Conference Registration

Freedman Institute for the Study of Legal Ethics Conferences

No abstract provided.


Clark Memorandum: Fall 2005, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School Nov 2005

Clark Memorandum: Fall 2005, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum


Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai Nov 2005

Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai

Seattle Journal for Social Justice

No abstract provided.


The Professionalism Crisis: How Bar Examiners Can Make A Difference, Clark D. Cunningham Nov 2005

The Professionalism Crisis: How Bar Examiners Can Make A Difference, Clark D. Cunningham

Faculty Publications By Year

No abstract provided.


Legal Ethics And The Separation Of Law And Morals, W. Bradley Wendel Nov 2005

Legal Ethics And The Separation Of Law And Morals, W. Bradley Wendel

Cornell Law Faculty Publications

This paper explores the jurisprudential question of the relationship between moral values and legal norms in legal advising and counseling in the context of an analysis of the so-called torture memos prepared by lawyers in the Office of Legal Counsel in 2002. The principal claim of the paper is that the torture memos are morally bankrupt because they are legally bankrupt. The lawyers' actions were wrong from a moral point of view because the lawyers failed with respect to their obligation to treat the law with respect, not simply as an inconvenient obstacle to be planned around. The morality of …


Respondeat Superior: Never Send To Know For Whom The Bell Tolls: It Tolls For Thee, Paul R. Tremblay, J. Charles Mokriski Oct 2005

Respondeat Superior: Never Send To Know For Whom The Bell Tolls: It Tolls For Thee, Paul R. Tremblay, J. Charles Mokriski

Paul R. Tremblay

No abstract provided.


Conference Registration Oct 2005

Conference Registration

Freedman Institute for the Study of Legal Ethics Conferences

No abstract provided.


Conference Registration Oct 2005

Conference Registration

Freedman Institute for the Study of Legal Ethics Conferences

No abstract provided.


Conference Program Oct 2005

Conference Program

Freedman Institute for the Study of Legal Ethics Conferences

No abstract provided.


Incivility And Unprofessionalism On Appeal: Impugning The Integrity Of Judges, Steven Wisotsky Oct 2005

Incivility And Unprofessionalism On Appeal: Impugning The Integrity Of Judges, Steven Wisotsky

The Journal of Appellate Practice and Process

No abstract provided.


From Earl Warren To Wendell Griffen: A Study Of Judicial Intimidation And Judicial Self-Restraint, Honorable Robert L. Brown Oct 2005

From Earl Warren To Wendell Griffen: A Study Of Judicial Intimidation And Judicial Self-Restraint, Honorable Robert L. Brown

University of Arkansas at Little Rock Law Review

No abstract provided.


Judicial Accountability To The Past, Present, And Future: Precedent, Politics And Power, Stephen B. Burbank Oct 2005

Judicial Accountability To The Past, Present, And Future: Precedent, Politics And Power, Stephen B. Burbank

University of Arkansas at Little Rock Law Review

No abstract provided.


School Desegregation 50 Years After Brown: Misconceptions, Lessons Learned, And Hopes For The Future, Gary Orfield Oct 2005

School Desegregation 50 Years After Brown: Misconceptions, Lessons Learned, And Hopes For The Future, Gary Orfield

Center for the Study of Ethics in Society Papers

Papers presented for the Center of the Study of Ethics in Society Western Michigan University.


Avoiding The Appearance Of Impropriety: With Great Power Comes Great Responsibility, Cynthia Gray Oct 2005

Avoiding The Appearance Of Impropriety: With Great Power Comes Great Responsibility, Cynthia Gray

University of Arkansas at Little Rock Law Review

No abstract provided.


Judicial Independence And Accountability Meet Extra-Judicial Speech And The First Amendment: An Uneasy Co-Existence, Honorable Wendell L. Griffen Oct 2005

Judicial Independence And Accountability Meet Extra-Judicial Speech And The First Amendment: An Uneasy Co-Existence, Honorable Wendell L. Griffen

University of Arkansas at Little Rock Law Review

No abstract provided.


Unpublished Opinions And No Citation Rules In The Trial Courts, J. Thomas Sullivan Oct 2005

Unpublished Opinions And No Citation Rules In The Trial Courts, J. Thomas Sullivan

Faculty Scholarship

No abstract provided.


Imputed Conflicts Of Interest In International Law Practice, Geoffrey C. Hazard Jr. Oct 2005

Imputed Conflicts Of Interest In International Law Practice, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.


Legal-Writing Ethics—Part I, Gerald Lebovits Sep 2005

Legal-Writing Ethics—Part I, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.


Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor Sep 2005

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.


Legal-Writing Ethics—Part Ii, Gerald Lebovits Aug 2005

Legal-Writing Ethics—Part Ii, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.


Counter-Majoritarian Power And Judges' Political Speech, Michael R. Dimino Aug 2005

Counter-Majoritarian Power And Judges' Political Speech, Michael R. Dimino

ExpressO

Canons of ethics restrict judicial campaigning and prohibit sitting judges from engaging in political activity. Only recently, in Republican Party v. White, 536 U.S. 765 (2002), has the Supreme Court addressed the constitutionality of these restrictions, concluding that judicial candidates must be allowed some opportunity to discuss legal and political issues in their campaigns. But White left many questions unanswered about the permissible scope of restrictions on judges’ political activity.

This Article suggests that those questions will be answered not by applying principles of free speech, but by analyzing the opportunities the restrictions provide for independent judicial policy-making. Restrictions on …


Universal Human Rights: Moral Order In A Divided World, David Reidy, Mortimer N.S. Sellers Jul 2005

Universal Human Rights: Moral Order In A Divided World, David Reidy, Mortimer N.S. Sellers

Books

Universal Human Rights brings new clarity to the important and highly contested concept universal human rights. The Charter of the United Nations commits nearly all nations of the world to promote, to realize and take action to achieve human rights and fundamental freedoms for all, yet this formal consensus masks an underlying confusion about the philosophical basis and practical implications of rights in a world made up of radically different national communities. This collection of essays explores the foundations of universal human rights in four sections devoted to their nature, application, enforcement and limits, concluding that shared rights help to …


The 'Abuse Excuse' In Capital Sentencing Trials: Is It Relevant To Responsibility, Punishment, Or Neither?, Paul J. Litton Jul 2005

The 'Abuse Excuse' In Capital Sentencing Trials: Is It Relevant To Responsibility, Punishment, Or Neither?, Paul J. Litton

Faculty Publications

The violent criminal who was a victim of severe childhood abuse frequently appears in the responsibility literature because he presents a difficulty for theorists who maintain the compatibility of causal determinism and our practices of holding persons responsible. The challenge is based on the fact that learning about an offender's horrific childhood mitigates the indignation that many persons feel towards him, possibly indicating that they hold him less than fully responsible. Many capital defendants present evidence of suffering childhood abuse, and many jurors find this evidence to count against imposing death. The most obvious explanation for a response like this …


Bioethics And Law: Between Values And Rules, Cinzia Piciocchi Jul 2005

Bioethics And Law: Between Values And Rules, Cinzia Piciocchi

Indiana Journal of Global Legal Studies

Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.


Comment: Autonomy And The Public-Private Distinction In Bioethics And Law, Susan H. Williams Jul 2005

Comment: Autonomy And The Public-Private Distinction In Bioethics And Law, Susan H. Williams

Indiana Journal of Global Legal Studies

Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.


Law As Communitarian Virtue Ethics, Sherman J. Clark Jul 2005

Law As Communitarian Virtue Ethics, Sherman J. Clark

Buffalo Law Review

No abstract provided.


The Perils Of Online Legal Research: A Caveat For Diligent Counsel, J. Thomas Sullivan Jul 2005

The Perils Of Online Legal Research: A Caveat For Diligent Counsel, J. Thomas Sullivan

Faculty Scholarship

Online legal research is emerging as a preferred tool for judges, attorneys, and lawstudents, providing a vast amount ofnearly real-time legal resources at the speed of electronic search. This article analyzes the risk of error associated with the immediacy of online opinion publishing and how the uncertainty ofaccuracy potentially compromises the litigator's ability to provide accurate advice.