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Articles 1 - 21 of 21
Full-Text Articles in Law
Boden Lecture: Of Chameleons And Esg, Ann M. Lipton
Boden Lecture: Of Chameleons And Esg, Ann M. Lipton
Marquette Law Review
Ever since the rise of the great corporations in the late nineteenth and early
twentieth centuries, commenters have debated whether firms should be run
solely to benefit investors, or whether instead they should be run to benefit
society as a whole. Both sides have claimed their preferred policies are
necessary to maintain a capitalist system of private enterprise distinct from
state institutions. What we can learn from the current iteration of the debate—
now rebranded as “environmental, social, governance” or “ESG” investing—
is that efforts to disentangle corporate governance from the regulatory state
are futile; governmental regulation has an inevitable …
Duties Regarding Duties, Ronald J. Colombo
Duties Regarding Duties, Ronald J. Colombo
Marquette Law Review
Corporate directors are subject to the fiduciary duties of care and loyalty
in the discharge of their responsibilities. The demands of these duties, from
their precise contours to their application under a particular set of
circumstances, is oftentimes far from obvious.
In order to properly fulfill their duties of care and loyalty, corporate
directors necessarily depend upon corporate counsel: specialized attorneys,
whether in-house or external to the corporation, retained to advise and
represent the corporation. As attorneys, corporate counsel are themselves
subject to a wide array of professional responsibilities, ranging from the
exhortations of codes of ethics to duties the …
Disparities On Judicial Conduct Commissions, Nino C. Monea
Disparities On Judicial Conduct Commissions, Nino C. Monea
Marquette Law Review
Every state has a judicial conduct commission responsible for investigating complaints against judges and issuing sanctions where appropriate. But the judicial disciplinary system needs fixing. This Article examines 466 cases of public discipline from five states to illustrate the shortcomings of the present system. The status quo hides judicial misconduct from the public, fails to punish judges who abuse their office, and gives judges greater protections than criminal defendants, even when the stakes are lower.
Is The Legal Profession Too Independent?, Limor Zer-Gutman, Eli Wald
Is The Legal Profession Too Independent?, Limor Zer-Gutman, Eli Wald
Marquette Law Review
Faced with mounting pressure to permit national law practice and increase
access to legal services for those who cannot afford to pay for them and
critiques about growing inequality and its failure to lead the battles for greater
gender and racial justice, the legal profession’s response has been to resist
reform proposals by invoking its independence. Lawyers and lawyers alone,
asserts the profession, ought to determine the pace and details of nationalizing
law practice, set the conditions under which nonlawyers and artificial
intelligence can offer legal services, and respond to growing inequality among
lawyers and concerns about the role lawyers …
Hallows Lecture: Ambition And Aspiration: Living Greatly In The Law, Lee H. Rosenthal
Hallows Lecture: Ambition And Aspiration: Living Greatly In The Law, Lee H. Rosenthal
Marquette Law Review
none
Bias In The Boardroom: Implicit Bias In The Selection And Treatment Of Women Directors
Bias In The Boardroom: Implicit Bias In The Selection And Treatment Of Women Directors
Marquette Law Review
In light of the stagnation in growth of women directors on corporate boards, board diversity advocates and corporate leaders should look to the role implicit gender bias plays in the board nomination process and in challenges women directors face while serving on boards. Relevant stakeholders often overlook how implicit bias barriers prevent women from reaching the boardroom and persist as obstacles once women directors have earned their seats on the board. Incorporating social psychological research on implicit bias and recognized strategies to work around bias, such as objective assessments and guidelines, data analytics, and accountability mechanisms, this Article encourages companies …
Attorney-Client Privilege And The Kovel Doctrine: Should Wisconsin Extend The Privilege To Communications With Third-Party Consultants?
Marquette Law Review
In today’s marketplace, the way that corporations conduct business is drastically changing, and lawyers are increasingly relying on third-party consultants, such as accountants or investment bankers, to facilitate them in providing accurate legal advice to corporate clients. Despite this reliance, whether the attorney–client privilege protects the communications between an attorney and a third-party consultant is often questioned. In United States v. Kovel, the Second Circuit found that the attorney–client privilege extended to communications between an attorney and a third-party consultant who acted as an interpreter. However, both federal and state courts have since split over the proper scope of the …
When Less Is More: The Limitless Potential Of Limited Scope Representation To Increase Access To Justice For Low- To Moderate-Income Individuals, Kristy D'Angelo-Corker
When Less Is More: The Limitless Potential Of Limited Scope Representation To Increase Access To Justice For Low- To Moderate-Income Individuals, Kristy D'Angelo-Corker
Marquette Law Review
Both attorneys and judges take an oath to promote justice for all, however,
that is not the case in our current system. The world we live in today looks
incredibly different than it did just a few years ago and, as a result, the practice
of law must adapt to meet the changing needs of individuals in this new era.
Notably, the access to justice problem, specifically affecting low- to moderateincome
individuals, requires a shift in the availability of legal services
provided. Limited scope representation, which has been accepted by the
American Bar Association for 20+ years, where an attorney …
Supreme Verbosity: The Roberts Court's Expanding Legacy
Supreme Verbosity: The Roberts Court's Expanding Legacy
Marquette Law Review
The link between courts and the public is the written word. With rare exceptions, it is through judicial opinions that courts communicate with litigants, lawyers, other courts, and the community. Whatever the court’s statutory and constitutional status, the written word, in the end, is the source and the measure of the court’s authority.
It is therefore not enough that a decision be correct—it must also be fair and reasonable and readily understood. The burden of the judicial opinion is to explain and to persuade and to satisfy the world that the decision is principled and sound. What the court says, …
... Because "Yes" Actually Means "No": A Personalized Prescriptive To Reactualize Informed Consent In Dispute Resolution
Marquette Law Review
None.
Towards A Series Of Academic Norms For #Lawprof Twitter, Carissa Byrne Hessick
Towards A Series Of Academic Norms For #Lawprof Twitter, Carissa Byrne Hessick
Marquette Law Review
None
Institutional Pluralism And The (Hoped-For) Effects Of Candor And Integrity In Legal Scholarship, Paul Horwitz
Institutional Pluralism And The (Hoped-For) Effects Of Candor And Integrity In Legal Scholarship, Paul Horwitz
Marquette Law Review
None
The Scholar's Dilemma, Chad Oldfather
The Ethics Of Normative Legal Scholarship, Robin West
A Thought Experiment About The Academic "Billable" Hour Or Law Professors' Work Habits, Eli Wald
A Thought Experiment About The Academic "Billable" Hour Or Law Professors' Work Habits, Eli Wald
Marquette Law Review
None
Legal Scholars' Ethical Responsibilities Concerning Neutrality And Objectivity, Candor And Exhaustiveness, Neil Hamilton
Legal Scholars' Ethical Responsibilities Concerning Neutrality And Objectivity, Candor And Exhaustiveness, Neil Hamilton
Marquette Law Review
None
Conference On The Ethics Of Legal Scholarship
The Truth Of The Matter: Why The Social Contract Dictates Legal Scholars' Sincerity, Candor, & Thoroughness, Nicola A. Boothe-Perry
The Truth Of The Matter: Why The Social Contract Dictates Legal Scholars' Sincerity, Candor, & Thoroughness, Nicola A. Boothe-Perry
Marquette Law Review
None
The Ethics Of Baiting And Switching In Law Review Submissions, Ryan Scoville
The Ethics Of Baiting And Switching In Law Review Submissions, Ryan Scoville
Marquette Law Review
None
Legal And Ethical Implications Of Athletes' Biometric Data Collection In Professional Sport, Barbara Osborne, Jennie L. Cunningham
Legal And Ethical Implications Of Athletes' Biometric Data Collection In Professional Sport, Barbara Osborne, Jennie L. Cunningham
Marquette Sports Law Review
None
A Critical Assessment Of The Model Standards Of Conduct For Mediators (2005): Call For Reform, Omer Shapira
A Critical Assessment Of The Model Standards Of Conduct For Mediators (2005): Call For Reform, Omer Shapira
Marquette Law Review
Over the years, commentators have raised concerns about some aspects of the Model Standards, for example, their failure to adequately guide mediators in situations of competing values, and the vagueness of their substantive provisions. No work to date has exposed the Model Standards to a systematic and comprehensive assessment, which is necessary for an evaluation of their adequacy as a coherent statement of the fundamental ethical guidelines for mediators, and for the development of a viable alternative to them. Ten years after the adoption of the revised Model Standards in 2005, this Article comes to fill the gap in the …