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Ethics For Examiners, Daniel J. Bussel Apr 2016

Ethics For Examiners, Daniel J. Bussel

Fordham Law Review

The inquisitorial bankruptcy examiner is sui generis in our system. He faces unique ethical quandaries and considerations, which require a code of ethics tailored to his role if he is to achieve fully the promise of improving Chapter 11 through the introduction of inquisitorial investigative methods. This Article attempts to point the way toward guidelines that will regulate the conduct of examiners to mitigate real, potential, and perceived abuses.


Baseless Pleas: A Mockery Of Justice, Mari Byrne Jan 2010

Baseless Pleas: A Mockery Of Justice, Mari Byrne

Fordham Law Review

This Note addresses the ethicality of the baseless plea, a guilty plea entered by a defendant for a crime that everyone in the courtroom—judge, prosecutor, defense attorney, and defendant—knows the defendant did not commit. Used in the interest of efficiency and leniency, the baseless plea allows a defendant to plead guilty to a crime that has no basis in the facts of the case. Though used by courts in numerous jurisdictions, baseless pleas have been largely unaddressed as courts have sought to conceal the practice and as commentators have therefore failed to detect it. This Note seeks to remedy that …


It's Been A Privilege: Advising Patients Of The Tarasoff Duty And Its Legal Consequences For The Federal Psychotherapist-Patient Privilege, Elisia Klinka Jan 2009

It's Been A Privilege: Advising Patients Of The Tarasoff Duty And Its Legal Consequences For The Federal Psychotherapist-Patient Privilege, Elisia Klinka

Fordham Law Review

State laws modeled on Tarasoff v. Regents of the University of California require psychotherapists to warn potential victims of law enforcement when treating dangerous patients who make serious threats of harm to another person. In practice, many psychotherapists advise their patients who make such threats about their duty under these Tarasoff-model laws. Although they are not required to make these advisories by law, psychotherapists generaly assume that they asldo have a concomitant ethical duty to advise their patients taht such threats will not be kept confidential, as their communications normally world be. This Note looks at how these advisories affect …


Federal Evidence Rule 608(B): Gateway To The Minefield Of Witness Preparation, Gerald L. Shargel Jan 2007

Federal Evidence Rule 608(B): Gateway To The Minefield Of Witness Preparation, Gerald L. Shargel

Fordham Law Review

No abstract provided.


The Use And Misuse Of High-Tech Evidence By Prosecutors: Ethical And Evidentiary Issues, Robert Aronson, Jacqueline Mcmurtrie Jan 2007

The Use And Misuse Of High-Tech Evidence By Prosecutors: Ethical And Evidentiary Issues, Robert Aronson, Jacqueline Mcmurtrie

Fordham Law Review

No abstract provided.


Special Issues Raised By Rape Trial, Aviva Orenstein Jan 2007

Special Issues Raised By Rape Trial, Aviva Orenstein

Fordham Law Review

No abstract provided.


The Perplexing Problem Of Client Perjury, L. Timothy Perrin Jan 2007

The Perplexing Problem Of Client Perjury, L. Timothy Perrin

Fordham Law Review

No abstract provided.


See No Evil: Wrongful Convictions And The Prosecutorial Ethics Of Offering Testimony By Jailhouse Informants And Dishonest Experts, Myrna S. Raeder Jan 2007

See No Evil: Wrongful Convictions And The Prosecutorial Ethics Of Offering Testimony By Jailhouse Informants And Dishonest Experts, Myrna S. Raeder

Fordham Law Review

No abstract provided.


Expert Witness Ethics, Joseph Sanders Jan 2007

Expert Witness Ethics, Joseph Sanders

Fordham Law Review

No abstract provided.


Prosecutors, Ethics, And Expert Witnesses, Paul C. Giannelli, Kevin C. Mcmunigal Jan 2007

Prosecutors, Ethics, And Expert Witnesses, Paul C. Giannelli, Kevin C. Mcmunigal

Fordham Law Review

No abstract provided.


Clarifying The Curative Admissibility Doctrine: Using The Principles Of Forfeiture And Deterrence To Shape The Relief For An Opponent's Evidentiary Misconduct, Edward J. Imwinkelried Jan 2007

Clarifying The Curative Admissibility Doctrine: Using The Principles Of Forfeiture And Deterrence To Shape The Relief For An Opponent's Evidentiary Misconduct, Edward J. Imwinkelried

Fordham Law Review

No abstract provided.


The Emotional Juror., Todd E. Pettys Jan 2007

The Emotional Juror., Todd E. Pettys

Fordham Law Review

No abstract provided.


Evidence And Ethics: Litigating In The Shadows Of The Rules, Joseph A. Colquitt Jan 2007

Evidence And Ethics: Litigating In The Shadows Of The Rules, Joseph A. Colquitt

Fordham Law Review

No abstract provided.


Teaching Ethics/Doing Justice, Anthony V. Alfieri Jan 2004

Teaching Ethics/Doing Justice, Anthony V. Alfieri

Fordham Law Review

No abstract provided.


The Limits Of Integrity Or Why Cabinets Have Locks, Burnele V. Powell Jan 2003

The Limits Of Integrity Or Why Cabinets Have Locks, Burnele V. Powell

Fordham Law Review

No abstract provided.


Governmental And Academic Integrity At Home And Abroad, Sara Sun Beale Jan 2003

Governmental And Academic Integrity At Home And Abroad, Sara Sun Beale

Fordham Law Review

No abstract provided.


An Ethics Critique Of Interference In Law School Clinics, Robert R. Kuehn, Peter A. Joy Jan 2003

An Ethics Critique Of Interference In Law School Clinics, Robert R. Kuehn, Peter A. Joy

Fordham Law Review

Law school clinics play an increasingly important role in training future lawyers and providing legal assistance to traditionally under-represented individuals and groups. In addition to facing the legal issues present in any law practice, law clinic students and faculty often confront ethical issues that lawyers representing poor and unpopular clients sometimes face - outside interference in case and client selection. This article explores the ethical considerations raised by interference in law school clinic case and client selection and limitations on the means of representation lawyers may employ in representing their clients. The article's analysis provides a useful framework for responding …


Keynote: Law, Lawyers, And The Pursuit Of Justice, Deborah L. Rhode Jan 2002

Keynote: Law, Lawyers, And The Pursuit Of Justice, Deborah L. Rhode

Fordham Law Review

No abstract provided.


Judicial Rationalizations For Rationing Justice: How Sixth Amendment Doctrine Undermines Reform, Bruce A. Green Jan 2002

Judicial Rationalizations For Rationing Justice: How Sixth Amendment Doctrine Undermines Reform, Bruce A. Green

Fordham Law Review

No abstract provided.


Ethical Lawyering And The Possiblity Of Integrity, Sharon Dolovich Jan 2002

Ethical Lawyering And The Possiblity Of Integrity, Sharon Dolovich

Fordham Law Review

No abstract provided.


"In Pursuit Of Justice" In High Profile Criminal Matters, Judith L. Maute Jan 2002

"In Pursuit Of Justice" In High Profile Criminal Matters, Judith L. Maute

Fordham Law Review

No abstract provided.


Furthering Justice By Improving The Adversary System And Making Lawyers More Accountable, Roger C. Cramton Jan 2002

Furthering Justice By Improving The Adversary System And Making Lawyers More Accountable, Roger C. Cramton

Fordham Law Review

No abstract provided.


Constructing The Practices Of Accoutability And Professionalism: A Comment On In The Interests Of Justice, Susan Sturm Jan 2002

Constructing The Practices Of Accoutability And Professionalism: A Comment On In The Interests Of Justice, Susan Sturm

Fordham Law Review

No abstract provided.


Report Of The Ethics And Professionalism Working Group, Nanette Schrandt Jan 2001

Report Of The Ethics And Professionalism Working Group, Nanette Schrandt

Fordham Law Review

No abstract provided.


Ethics, Law Enforcement, And Fair Dealing: A Prosecutor's Duty To Disclose Nonevidentiary Information, David Aaron Jan 1999

Ethics, Law Enforcement, And Fair Dealing: A Prosecutor's Duty To Disclose Nonevidentiary Information, David Aaron

Fordham Law Review

No abstract provided.


Cultures Of Commitment: Pro Bono For Lawyers And Law Students, Deborah L. Rhode Jan 1999

Cultures Of Commitment: Pro Bono For Lawyers And Law Students, Deborah L. Rhode

Fordham Law Review

No abstract provided.


Multiple Communities Or Monolithic Clients: Positional Conflicts Of Interest And The Mission Of The Legal Services Lawyer, Peter Margulies Jan 1999

Multiple Communities Or Monolithic Clients: Positional Conflicts Of Interest And The Mission Of The Legal Services Lawyer, Peter Margulies

Fordham Law Review

No abstract provided.


Religious Symbols And Religious Garb In The Courtroom: A Catholic Lawyer And The Church's Social Teaching, F. Giba-Matthews Jan 1998

Religious Symbols And Religious Garb In The Courtroom: A Catholic Lawyer And The Church's Social Teaching, F. Giba-Matthews

Fordham Law Review

No abstract provided.


"Nice Work If You Can Get It": "Ethical" Jury Selection In Criminal Defense, Abbe Smith Jan 1998

"Nice Work If You Can Get It": "Ethical" Jury Selection In Criminal Defense, Abbe Smith

Fordham Law Review

No abstract provided.


"I Know The Child Is My Client, But Who Am I?", Robert E. Shepherd, Jr., Sharon S. England Jan 1996

"I Know The Child Is My Client, But Who Am I?", Robert E. Shepherd, Jr., Sharon S. England

Fordham Law Review

No abstract provided.