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Articles 1 - 30 of 44
Full-Text Articles in Law
State Bar Of California, Ashley Kearney, Bridget Fogarty Gramme
State Bar Of California, Ashley Kearney, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Committee Of Bar Examiners, Samantha Steed, Bridget Fogarty Gramme
Committee Of Bar Examiners, Samantha Steed, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Committee Of Bar Examiners, Samantha Steed, Bridget Fogarty Gramme
Committee Of Bar Examiners, Samantha Steed, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
State Bar Of California, Ashley Kearney, Bridget Fogarty Gramme
State Bar Of California, Ashley Kearney, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
State Bar Of California, Edith Jimenez, Andrew J. Van Arsdale, Bridget Fogarty Gramme
State Bar Of California, Edith Jimenez, Andrew J. Van Arsdale, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
State Bar Of California, Edith Jimenez, Andrew J. Van Arsdale, Bridget Fogarty Gramme
State Bar Of California, Edith Jimenez, Andrew J. Van Arsdale, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Facing The Unfaceable: Dealing With Prosecutorial Denial In Postconviction Cases Of Actual Innocence, Aviva Orenstein
Facing The Unfaceable: Dealing With Prosecutorial Denial In Postconviction Cases Of Actual Innocence, Aviva Orenstein
San Diego Law Review
This Article develops a question that intrigued Fred: prosecutors’ duties postconviction to prisoners who might be innocent. Although Fred wrote about a panoply of questions that arise regarding the prosecutor’s duty to “do justice” after conviction, this Article will address one specific area of concern: how and why prosecutors resist allowing DNA testing and, more startlingly, deny the obvious implications of DNA evidence when that evidence exonerates the convicted.
Part II of this Article briefly summarizes two of Fred’s major articles on the subject of prosecutorial ethics. Part III documents the problem of postconviction DNA exonerations and prosecutors’ varied reactions. …
Tribute To Professor Fred Zacharias, Michael J. Perry
Tribute To Professor Fred Zacharias, Michael J. Perry
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
Confidentiality Explained: The Dialogue Approach To Discussing Confidentiality With Clients, Elisia M. Klinka, Russell G. Pearce
Confidentiality Explained: The Dialogue Approach To Discussing Confidentiality With Clients, Elisia M. Klinka, Russell G. Pearce
San Diego Law Review
This Article offers an alternative dialogue approach. Rather than view the issue of explaining confidentiality either as a strategy for gaining client trust or an obligation necessary to comply with certain legal obligations, we propose understanding it as a key element in creating a relationship of dialogue grounded in honesty and mutual respect.
In doing so, we build on the work of the late Fred Zacharias, whose scholarship in this area provides both pathbreaking empirical insights and unwavering commitment to respecting client dignity. Among Zacharias’s contributions are his oft-cited empirical study suggesting that lawyers wrongly assume that clients would not …
Our Federalism: The United States And The Regulation Of Lawyers, Michael J. Churgin
Our Federalism: The United States And The Regulation Of Lawyers, Michael J. Churgin
San Diego Law Review
Dedication to the works of Prof. Fred Zacharias.
Zacharias's Prophecy: The Federalization Of Legal Ethics Through Legislative, Court, And Agency Regulation, Daniel R. Coquillette, Judith A. Mcmorrow
Zacharias's Prophecy: The Federalization Of Legal Ethics Through Legislative, Court, And Agency Regulation, Daniel R. Coquillette, Judith A. Mcmorrow
San Diego Law Review
This Article will carry on Professor Zacharias’s profound insights and prophecies by examining the trends in direct regulation of attorneys through federal law, with a particular focus on expanding agency regulation. We will also touch on international trends that draw on federal treaty obligations to implement international norms of attorney conduct.
Fred Z., David Mcgowan
Fred Z., David Mcgowan
San Diego Law Review
Dedication to the works of Prof. Fred Zacharias.
Taking The Ethical Duty To Self Seriously: An Essay In Memory Of Fred Zacharias, Samuel J. Levine
Taking The Ethical Duty To Self Seriously: An Essay In Memory Of Fred Zacharias, Samuel J. Levine
San Diego Law Review
This essay delineates a three-tiered approach that incorporates not only the lawyer’s duty to the client and to society, but also the lawyer’s obligation to take into consideration the duty to self, which includes fidelity to the lawyer’s personal ethical values and commitments. In addition, rather than placing the various interests in hierarchical opposition, requiring that one duty invariably prevail over the others, the three-tiered approach looks to consider ways in which competing interests might balance or, at times, be reconciled with one another. To illustrate the three-tiered approach to the lawyer’s ethical obligations, this essay focuses on the lawyer’s …
A Tribute To Professor Fred Zacharias, Neil Coughlan, John Gulliver, Dick Keenan
A Tribute To Professor Fred Zacharias, Neil Coughlan, John Gulliver, Dick Keenan
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
Fred C. Zacharias - Reminiscences, Larry Zacharias
Fred C. Zacharias - Reminiscences, Larry Zacharias
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
Remembering Fred, Guido Calabresi
Remembering Fred, Guido Calabresi
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
A Letter To Professor Fred Zacharias's Sons In Memory Of Their Father, Anne Lukingbeal
A Letter To Professor Fred Zacharias's Sons In Memory Of Their Father, Anne Lukingbeal
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
A Tribute To Professor Fred C. Zacharias, Michael R. Devitt
A Tribute To Professor Fred C. Zacharias, Michael R. Devitt
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
Remembering Fred Z, Gary J. Simson
Remembering Fred Z, Gary J. Simson
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
Tribute To Professor Fred Zacharias, Faust F. Rossi
Tribute To Professor Fred Zacharias, Faust F. Rossi
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
Images And Aspirations: A Call For A Return To Ethics For Lawyers, Robert P. Lawry
Images And Aspirations: A Call For A Return To Ethics For Lawyers, Robert P. Lawry
San Diego Law Review
Dedication to the works of Prof. Fred Zacharias.
Prosecutorial Ethics In The Postconviction Setting From A To Zacharias, Daniel S. Medwed
Prosecutorial Ethics In The Postconviction Setting From A To Zacharias, Daniel S. Medwed
San Diego Law Review
Dedication to the works of Prof. Fred Zacharias.
In Memoriam, Steven D. Smith
In Memoriam, Steven D. Smith
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
Confidentiality And Common Sense: Insights From Philosophy, Thomas Morawetz
Confidentiality And Common Sense: Insights From Philosophy, Thomas Morawetz
San Diego Law Review
In this Article, I will consider two aspects of the controversy that help explain why it is static. I will consider the significance of empirical evidence that lawyers and clients find the rules morally troubling. Zacharias plausibly assumes that such evidence carries compelling weight. I will also look at the nature of morality itself and the extent to which professional rules should be expected to conform to morality.
The Complexities Of Lawyer Ethics Code Drafting: The Contributions Of Professor Fred Zacharias, Nancy J. Moore
The Complexities Of Lawyer Ethics Code Drafting: The Contributions Of Professor Fred Zacharias, Nancy J. Moore
San Diego Law Review
In this Article, I address three aspects of the special and evolving nature of lawyer ethics codes in order to acknowledge the important contributions of Professor Zacharias. As I hope to show, Professor Zacharias’s publications present a far more complex and nuanced view of the task of drafting lawyer ethics codes than either the Commission or I had contemplated. Although there was not much time then to further address these more theoretical concerns, I am confident that we would have benefitted enormously from a deeper exploration of his scholarship in this area.
Globalization And Eligibility To Deliver Legal Advice: Inbound Legal Services Provided By Corporate Counsel Licensed Only In A Country Outside The United States, Carol A. Needham
Globalization And Eligibility To Deliver Legal Advice: Inbound Legal Services Provided By Corporate Counsel Licensed Only In A Country Outside The United States, Carol A. Needham
San Diego Law Review
The regulation of cross-border delivery of legal services remains in flux. Clients in the United States, particularly sophisticated corporate clients, should be allowed to utilize the special expertise possessed by lawyers licensed outside the United States. Key reforms that at this point are gaining traction include the following: allowing lawyers licensed outside the United States to qualify for limited licenses as in-house counsel; broadening the scope of practice so that all foreign legal consultants are allowed to give legal advice related to third-country and international law; and allowing fly in, fly out practice while temporarily present in the host state. …
When Realism And Idealism Collided In Fred Zacharias's Work On The Purposes And Limitations Of Legal Ethics Codes, Ted Schneyer
When Realism And Idealism Collided In Fred Zacharias's Work On The Purposes And Limitations Of Legal Ethics Codes, Ted Schneyer
San Diego Law Review
I look back at one of Fred’s early works, a 1993 article entitled Specificity in Professional Codes: Theory, Practice, and the Paradigm of Prosecutorial Ethics. Specificity concerns the formal characteristics of legal ethics codes rather than the substantive values they embody. That topic might seem dry, but the article is intriguing because it evidences a clash between idealism and realism in Fred’s thinking. Although both strands of thought were prominent in much of Fred’s work, the clash between them was never starker than in Specificity. There, Fred the idealist offered up an elaborate methodology for drafting of legal ethics codes …
Old School Loses A Teacher: A Recollection Of Fred Zacharias, Kevin Cole
Old School Loses A Teacher: A Recollection Of Fred Zacharias, Kevin Cole
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
In Memoriam To Professor Fred C. Zacharias, Orly Lobel
In Memoriam To Professor Fred C. Zacharias, Orly Lobel
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
The Zealous Prosecutor As Minister Of Justice, Bennett L. Gershman
The Zealous Prosecutor As Minister Of Justice, Bennett L. Gershman
San Diego Law Review
As my contribution to this Memorial tribute to Professor Fred Zacharias, I have chosen to write about Fred’s 1991 article in the Vanderbilt Law Review entitled Structuring the Ethics of Prosecutorial Trial Practice: Can Prosecutors Do Justice?. I have always seen this article as a classic, one of the finest and most important discussions of the special role of the prosecutor in the criminal justice system and of the meaning of the prosecutor’s ethical duty to “do justice.” This article is cited repeatedly for numerous points: the conception of the prosecutor’s duty not to win a case but to see …