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Public Values And Professional Responsibility, W. Bradley Wendel Oct 1999

Public Values And Professional Responsibility, W. Bradley Wendel

Notre Dame Law Review

No abstract provided.


Defining The Duty: Attorneys' Obligations Under Rule 10b-5, Cynthia A. Bedrick Oct 1999

Defining The Duty: Attorneys' Obligations Under Rule 10b-5, Cynthia A. Bedrick

Indiana Law Journal

No abstract provided.


Conflicts Problems When Representing Members Of Corporate Families, Ronald D. Rotunda Jun 1999

Conflicts Problems When Representing Members Of Corporate Families, Ronald D. Rotunda

Notre Dame Law Review

No abstract provided.


Realism, Responsibility, And The Good Lawyer: Niebuhrian Perspectives On Legal Ethics, Timothy W. Floyd Jun 1999

Realism, Responsibility, And The Good Lawyer: Niebuhrian Perspectives On Legal Ethics, Timothy W. Floyd

Notre Dame Law Review

No abstract provided.


Upping The Ante: Curricular And Bar Exam Reform In Professional Responsibility, David A. Logan Jun 1999

Upping The Ante: Curricular And Bar Exam Reform In Professional Responsibility, David A. Logan

Washington and Lee Law Review

No abstract provided.


Personal And Professional Integrity In The Legal Profession: Lessons From President Clinton And Kenneth Starr, Charles J. Ogletree, Jr. Jun 1999

Personal And Professional Integrity In The Legal Profession: Lessons From President Clinton And Kenneth Starr, Charles J. Ogletree, Jr.

Washington and Lee Law Review

No abstract provided.


Specificity In Professional Responsibility Codes: Theory, Practice, And The Paradigm Of Prosecutorial Ethics, Fred C. Zacharias Jun 1999

Specificity In Professional Responsibility Codes: Theory, Practice, And The Paradigm Of Prosecutorial Ethics, Fred C. Zacharias

Notre Dame Law Review

No abstract provided.


Preventing Misconduct By Promoting The Ethics Of Attorneys' Supervisory Duties, Irwin D. Miller Jun 1999

Preventing Misconduct By Promoting The Ethics Of Attorneys' Supervisory Duties, Irwin D. Miller

Notre Dame Law Review

No abstract provided.


Tax Lawyers, Ethical Obligations, And The Duty To The System, Watson May 1999

Tax Lawyers, Ethical Obligations, And The Duty To The System, Watson

Scholarly Works

Perhaps the most elusive area of law is that of legal ethics. While the term itself is easy to define,' the subject all but defies codification because ethics, or morals (the terms are interchangeable), cannot be encapsulated by or in law. This is because law, in general, contains its own standard of validity on which there is usually clear societal consensus. For example, murder, rape, and theft are morally repugnant universally. Hence, punishment for any of these offenses does not impinge upon religious or individual autonomy because there is no ethical freedom to choose whether or not to engage in …


The Defense Of Necessity Considered From The Legal And Moral Points Of View, George C. Christie Mar 1999

The Defense Of Necessity Considered From The Legal And Moral Points Of View, George C. Christie

Duke Law Journal

Questions concerning the scope of the defense of necessity frequently arise in a variety of legal and philosophical discussions. Professor Christie grapples with the questions raised by this defense: When can property be taken or destroyed to save human life? Must compensation always be paid? Can one destroy the property of others to save one's own property? Can one kill an innocent person to save the lives of a greater number of people? Professor Christie submits that much of the discussion of these difficult questions is too abstract and based on too cursory a review of the few legal authorities …


Some Thoughts On The Differences In Criminal Trials In The Civil And Common Law Legal Systems, Mary C. Daly Jan 1999

Some Thoughts On The Differences In Criminal Trials In The Civil And Common Law Legal Systems, Mary C. Daly

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


The Adversary Process Is Not An End In Itself, Lloyd L. Weinreb Jan 1999

The Adversary Process Is Not An End In Itself, Lloyd L. Weinreb

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


Reflections On Confidentiality - A Practitioner's Response To Spaulding V. Zimmerman, Carol M. Langford Jan 1999

Reflections On Confidentiality - A Practitioner's Response To Spaulding V. Zimmerman, Carol M. Langford

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


Can A Good Lawyer Be A Bad Person, Stephen Gillers Jan 1999

Can A Good Lawyer Be A Bad Person, Stephen Gillers

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


Access To What, Stephen L. Pepper Jan 1999

Access To What, Stephen L. Pepper

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


Effective Assistance: Reconceiving The Role Of The Chief Public Defender, Kim Taylor-Thompson Jan 1999

Effective Assistance: Reconceiving The Role Of The Chief Public Defender, Kim Taylor-Thompson

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


Rationing Justice - What Thomas More Would Say, Michael E. Tigar Jan 1999

Rationing Justice - What Thomas More Would Say, Michael E. Tigar

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


Should The Government Fund Legal Services - If So, What Should The Lawyers Do, Jonathan A. Weiss Jan 1999

Should The Government Fund Legal Services - If So, What Should The Lawyers Do, Jonathan A. Weiss

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


Sumner Canary Lecture: Under Shelter Of Confidentiality, Geoffrey C. Hazard Jr. Jan 1999

Sumner Canary Lecture: Under Shelter Of Confidentiality, Geoffrey C. Hazard Jr.

Case Western Reserve Law Review

No abstract provided.


After Legal Aid Is Abolished, Geoffrey C. Hazard Jr. Jan 1999

After Legal Aid Is Abolished, Geoffrey C. Hazard Jr.

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


Ethics And Enforcement, Edward J. Cleary, William J. Wernz Jan 1999

Ethics And Enforcement, Edward J. Cleary, William J. Wernz

William Mitchell Law Review

No abstract provided.


Professor Steele’S Opus, Gerald S. Reamey Jan 1999

Professor Steele’S Opus, Gerald S. Reamey

Faculty Articles

Walter Steele is a consummate teacher precisely because he always is teaching. To observe him, to converse with him, to listen to him, to read him, is to learn something. He would not talk about ethical behavior in the classroom, only to cut corners in his private life. He would not demand razor-sharp logic from his students, and then allow himself to be sloppy in his own thinking.

Over the years, the word former students seem to use most often to describe Professor Steele is “intimidating.” He is intimidating because of his power; not the power some law professors wield …


Rethinking The Way Law Is Taught: Can We Improve Lawyer Professionalism By Teaching Hired Guns To Aim Better?, W. William Hodges Jan 1999

Rethinking The Way Law Is Taught: Can We Improve Lawyer Professionalism By Teaching Hired Guns To Aim Better?, W. William Hodges

Kentucky Law Journal

No abstract provided.


The F-Word: A Jurisprudential Taxonomy Of American Morals (In A Nutshell), Robert F. Blomquist Jan 1999

The F-Word: A Jurisprudential Taxonomy Of American Morals (In A Nutshell), Robert F. Blomquist

Santa Clara Law Review

No abstract provided.


Renewed Introspection And The Legal Profession, Eugene R. Gaetke Jan 1999

Renewed Introspection And The Legal Profession, Eugene R. Gaetke

Law Faculty Scholarly Articles

As the twentieth century draws to a close, the legal profession again immersed in a process of self-assessment, reflection, and reform. Operating on several fronts, various constituent elements of the bar have recently completed or have underway significant projects relating to the law of lawyering.

Two efforts stand out in particular. For more than a decade, the American Law Institute has labored in the production of a new Restatement of the Law Governing Lawyers, and the organization stands now on the brink of that monumental work's publication. Equally significant, the American Bar Association has again undertaken a comprehensive review of …


Cautionary Tale From The Multidisciplinary Practice Debate: How The Traditionalists Lost Professionalism, A The Phyllis W. Beck Chair In Law Symposium: New Roles, No Rules - Redefining Lawyers' Work - Redefining Lawyers' Work: Multidisciplinary Practice, Russell G. Pearce, Amelia J. Uelmen: Jan 1999

Cautionary Tale From The Multidisciplinary Practice Debate: How The Traditionalists Lost Professionalism, A The Phyllis W. Beck Chair In Law Symposium: New Roles, No Rules - Redefining Lawyers' Work - Redefining Lawyers' Work: Multidisciplinary Practice, Russell G. Pearce, Amelia J. Uelmen:

Faculty Scholarship

The author presents a fictional conversation among Lawrence J. Fox, other noted legal scholars, and himself concerning the ethics and changes in the legal profession.


What Is The Common Good, And Why Does It Concern The Client's Lawyer?, John M. Finnis Jan 1999

What Is The Common Good, And Why Does It Concern The Client's Lawyer?, John M. Finnis

Journal Articles

Why is anything of real concern to any of us? Because, besides our simply emotional motives, we have reasons for action (which may be supported or opposed by our emotions). What are reasons for action? Some are instrumental, means to further ends: I have reason to start reading this paper to you, and you had reason to come back into the room to hear it. What reasons? Well, doing so is my contribution to this symposium's reflection on its subject-matter. That reflection, in turn, is intended to be instrumental in promoting a wider and deeper understanding of an important set …


Towering Figures, Enigmas, And Responsive Communities In American Legal Ethics, Thomas L. Shaffer Jan 1999

Towering Figures, Enigmas, And Responsive Communities In American Legal Ethics, Thomas L. Shaffer

Journal Articles

The first thing Niebuhr and Guttman are telling us to do is to look around and figure out what is going on around us. With that in mind, it has seemed to me that, at the simplest, a lawyer (or a journalist) functions in at least four communities, any one of which might be a community to talk about lawyers' moral questions in.

My inquiry, then, is an inquiry in communitarian legal ethics, using a Guttman-Niebuhr focus on responsibility. I infer a further question about communities of moral discernment—that is, not only where a modern lawyer is responsible but also …


Unsettling Questions Regarding Lawyer Civil Claim Settlement Authority, Jeffrey A. Parness, Austin Bartlett Jan 1999

Unsettling Questions Regarding Lawyer Civil Claim Settlement Authority, Jeffrey A. Parness, Austin Bartlett

Faculty Peer-Reviewed Publications

While often presumed or declared to be quite settled, many of the guidelines on lawyer civil claim settlement authority are unsettled, leaving unresolved questions for lawyers, clients, and the courts. The upcoming publication and general circulation by the ALI of The Law Governing Lawyers will help, as may any attention directed toward settlements by the ABA Ethics 2000 Commission, now at work considering possible alterations of the Model Rules of Professional Conduct. Recent experience suggests that state and federal court rulings are not likely to settle much of the present uncertainty. Our review of the prevailing lawyer civil settlement guidelines …


Limiting Secret Settlements By Law, David Luban Jan 1999

Limiting Secret Settlements By Law, David Luban

Journal of the Institute for the Study of Legal Ethics

No abstract provided.