Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 4 of 4

Full-Text Articles in Law

Can Saints Negotiate? A Brief Introduction To The Problems Of Perfect Ethics In Bargaining, Scott R. Peppet Jan 2002

Can Saints Negotiate? A Brief Introduction To The Problems Of Perfect Ethics In Bargaining, Scott R. Peppet

Publications

No abstract provided.


Administrative Adjudication In Kentucky: Ethics And Unauthorized Practice Considerations, Richard H. Underwood Jan 2002

Administrative Adjudication In Kentucky: Ethics And Unauthorized Practice Considerations, Richard H. Underwood

Law Faculty Scholarly Articles

This article is an extended version of a presentation I made at a training course for hearing officers sponsored by the Office of the Attorney General, Division of Administrative Hearings. In my original presentation, I was asked to focus on the ethics of the administrative adjudicator. I was asked to answer some specific questions, which I will include here for the reader's benefit. In this more complete treatment, I would also like to discuss the ethics of lawyers and other representatives appearing before administrative agencies.

The Kentucky Courts had begun to "judicialize" the administrative hearing process in the early 1970's, …


The Intractable Problem Of Bankruptcy Ethics: Square Peg, Round Hole, Nancy B. Rapoport Jan 2002

The Intractable Problem Of Bankruptcy Ethics: Square Peg, Round Hole, Nancy B. Rapoport

Scholarly Works

This article continues my earlier research on conflicts of interest in bankruptcy cases, particularly in chapter 11 cases. It suggests that conflicts in interest in chapter 11 bankruptcy cases should not be handled the same way that conflicts are handled under state ethics rules, and it proposes a new section of the Bankruptcy Code to cover conflicts of interest in cases filed under chapter 11.


Mdps, 'Spinning,' And Wouters V. Nova, Laurel S. Terry Dec 2001

Mdps, 'Spinning,' And Wouters V. Nova, Laurel S. Terry

Laurel S. Terry

In February 2002, the European Court of Justice issued its opinion in Wouters v. NOVA (Case C-309/99), which addressed a Netherlands Bar rule that prohibited partnerships (MDPs) between lawyers and accountants. Wouters decided: 1) that the bar was an undertaking that was subject to the competition (antitrust) provision in the EU Treaty; 2) that the Dutch MDP ban restricted competition and that this restriction on competition was appreciable and affected intra-community trade; 3) that the Dutch MDP ban could reasonably be considered necessary in order to ensure the proper practice of the legal profession; and 4) that it was reasonable …