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Law

2006

Hofstra Law Review

Adversary system (Law)

Articles 1 - 6 of 6

Full-Text Articles in Law

Lawyers' Ethics In An Adversary System - Foreword: Like Gravity, Roy D. Simon Jan 2006

Lawyers' Ethics In An Adversary System - Foreword: Like Gravity, Roy D. Simon

Hofstra Law Review

The adversary system, like gravity, affects us all. We cannot escape it. The adversary system, and the ethical standards of the lawyers who operate within the adversary system, therefore warrant continual study. ...

This issue collects nearly all of the papers delivered at the conference. Of equal interest, each paper is followed by a transcript of the fascinating exchanges that occurred between the speaker and members of the audience during a lengthy question and answer session after each speech.


The Triage Trilemma, Steven Lubet Jan 2006

The Triage Trilemma, Steven Lubet

Hofstra Law Review

No abstract provided.


Legal Ethics And The Constitution, Alan Dershowitz Jan 2006

Legal Ethics And The Constitution, Alan Dershowitz

Hofstra Law Review

No abstract provided.


In Praise Of Overzealous Representation - Lying To Judges, Deceiving Third Parties, And Other Ethical Conduct, Monroe H. Freedman Jan 2006

In Praise Of Overzealous Representation - Lying To Judges, Deceiving Third Parties, And Other Ethical Conduct, Monroe H. Freedman

Hofstra Law Review

Three ethical rules are both clear and highly desirable - MR 3.3(a)(1), which forbids a lawyer to make a false statement of fact to a tribunal; MR 4.1(a), which forbids a lawyer to make a false statement of material fact to a third person; and MR 8.4(c), which proscribes conductinvolving dishonesty, fraud, deceit, or misrepresentation.

Nevertheless, by considering the larger legal context of the lawyer's role, by understanding inconsistent ethical rules in the light of reason, and by applying insights of moral philosophy, this article concludes that there are circumstances in which a lawyer can ethically make a false statement …


Secret Evidence Is Slowly Eroding The Adversary System: Cipa And Fisa In The Courts, Ellen Yaroshefsky Jan 2006

Secret Evidence Is Slowly Eroding The Adversary System: Cipa And Fisa In The Courts, Ellen Yaroshefsky

Hofstra Law Review

No abstract provided.


Legal Ethics In An Adversary System: The Persistent Questions, Deborah L. Rhode Jan 2006

Legal Ethics In An Adversary System: The Persistent Questions, Deborah L. Rhode

Hofstra Law Review

No abstract provided.