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Full-Text Articles in Law
The Race To The Top To Reduce Prosecutorial Misconduct, Adam M. Gershowitz
The Race To The Top To Reduce Prosecutorial Misconduct, Adam M. Gershowitz
Faculty Publications
This Essay offers an unconventional approach to deterring prosecutorial misconduct. Trial judges should use their inherent authority to forbid prosecutors from appearing and handling cases in their courtrooms until the prosecutors have completed training on Brady v. Maryland, Batson v. Kentucky, and other types of prosecutorial misconduct. If a single trial judge in a medium-sized or large jurisdiction imposes training prerequisites on prosecutors, it could set off a race to the top that encourages other judges to adopt similar (or perhaps even more rigorous) training requirements. A mandate that prosecutors receive ethics training before handling any cases is …
School Of Risk Control Excellence: Responsibilities In Tax Practice And Malpractice Risks, Diane S. Wainwright
School Of Risk Control Excellence: Responsibilities In Tax Practice And Malpractice Risks, Diane S. Wainwright
William & Mary Annual Tax Conference
No abstract provided.
Imputed Liability For Supervising Prosecutors: Applying The Military Doctrine Of Command Responsibility To Reduce Prosecutorial Misconduct, Geoffrey S. Corn, Adam M. Gershowitz
Imputed Liability For Supervising Prosecutors: Applying The Military Doctrine Of Command Responsibility To Reduce Prosecutorial Misconduct, Geoffrey S. Corn, Adam M. Gershowitz
Faculty Publications
No abstract provided.
Prosecutorial Shaming: Naming Attorneys To Reduce Prosecutorial Misconduct, Adam M. Gershowitz
Prosecutorial Shaming: Naming Attorneys To Reduce Prosecutorial Misconduct, Adam M. Gershowitz
Faculty Publications
This Article explores the unfortunately large number of instances in which appellate courts reverse convictions for serious prosecutorial misconduct but do not identify the names of the prosecutors who committed that misconduct. Because judges are reluctant to publicly shame prosecutors whose cases are reversed, this Article advocates that a neutral set of third parties undertake the responsibility of publicly identifying prosecutors who have committed serious misconduct. The naming of prosecutors will shame bad actors, provide a valuable pedagogical lesson for junior prosecutors, and signal to trial judges that certain prosecutors must be monitored more closely to avoid future misconduct.
Attorney-Client Privilege In The Public Sector: A Survey Of Government Attorneys, Nancy Leong
Attorney-Client Privilege In The Public Sector: A Survey Of Government Attorneys, Nancy Leong
Faculty Publications
No abstract provided.
We Can't Escape Responsibility, Gene R. Nichol
The Federal Government Lawyer's Duty To Breach Confidentiality, James E. Moliterno
The Federal Government Lawyer's Duty To Breach Confidentiality, James E. Moliterno
Faculty Publications
The lawyer's duty of confidentiality springs from the lawyer-client relationship and its parameters are determined by the nature of that relationship. The federal government lawyer's client is like no other. The uniqueness of representing the United States calls for a unique approach to the duty of confidentiality. Unlike the private individual client, the government as a client does not speak with a single, unmistakable voice. Unlike the private entity client, the federal government has a paramount interest in the public good, including the public's right to know about government (the entity's conduct), especially its misconduct. The result is a client …
Broad Prohibition, Thin Rationale: The Acquisition Of An Interest And Financial Assistance In Litigation Rules, James E. Moliterno
Broad Prohibition, Thin Rationale: The Acquisition Of An Interest And Financial Assistance In Litigation Rules, James E. Moliterno
Faculty Publications
No abstract provided.
Experience And Legal Ethics Teaching, James E. Moliterno
Experience And Legal Ethics Teaching, James E. Moliterno
Faculty Publications
No abstract provided.
Ethical Issues For Lawyers In A Multi-Disciplinary Practice World: Combined Resources
Ethical Issues For Lawyers In A Multi-Disciplinary Practice World: Combined Resources
William & Mary Annual Tax Conference
No abstract provided.
Ethical Challenges To Legal Education And Conduct, James E. Moliterno
Ethical Challenges To Legal Education And Conduct, James E. Moliterno
Faculty Publications
No abstract provided.
Why Formalism?, James E. Moliterno
New Ethics Rules For The New Millennium, Dennis W. Dohnal, John Levy
New Ethics Rules For The New Millennium, Dennis W. Dohnal, John Levy
William & Mary Annual Tax Conference
No abstract provided.
Confidentiality, Conflict Of Interest And Tax Professionals, James P. Holden
Confidentiality, Conflict Of Interest And Tax Professionals, James P. Holden
William & Mary Annual Tax Conference
No abstract provided.
Lawyer Creeds And Moral Seismography, James E. Moliterno
Lawyer Creeds And Moral Seismography, James E. Moliterno
Faculty Publications
No abstract provided.
The Poor Image Of The Profession And The Ethical Pressures On The Modern Lawyer, Rodney A. Smolla
The Poor Image Of The Profession And The Ethical Pressures On The Modern Lawyer, Rodney A. Smolla
Faculty Publications
No abstract provided.
Reforming Legal Ethics In Virginia: A Review Of Proposed Changes To The Virginia Code Of Professional Responsibility
William & Mary Annual Tax Conference
No abstract provided.
Professional Preparedness: A Comparative Study Of Law Graduates' Perceived Readiness For Professional Ethics Issues, James E. Moliterno
Professional Preparedness: A Comparative Study Of Law Graduates' Perceived Readiness For Professional Ethics Issues, James E. Moliterno
Faculty Publications
No abstract provided.
Professional Responsibility: Beyond Pure Ethics And Circular 230 (Outline), Leslie S. Shapiro
Professional Responsibility: Beyond Pure Ethics And Circular 230 (Outline), Leslie S. Shapiro
William & Mary Annual Tax Conference
No abstract provided.
Understanding Kaye Scholer: The Autonomous Citizen, The Managed Subject And The Role Of The Lawyer, Nancy Amoury Combs
Understanding Kaye Scholer: The Autonomous Citizen, The Managed Subject And The Role Of The Lawyer, Nancy Amoury Combs
Faculty Publications
The Office of Thrift Supervision's (OTS) unprecedented enforcement action against Kaye, Scholer, Fierman, Hays and Handler (Kaye Scholer) prompted howls of protest from the legal community. OTS, it was claimed, was using its excessive power to redefine the role of the lawyer. This Comment confirms that OTS sought to impose duties on Kaye Scholer that conflict with professional ethics rules. The Comment then goes on to suggest that the conflict over professional responsibility in the Kaye Scholer case reflects, more fundamentally, a conflict over the role of the citizen, and the citizen's relationship with the state. Our adversarial system of …
Dealing With Ethical Problems In Tax Practice, James P. Holden
Dealing With Ethical Problems In Tax Practice, James P. Holden
William & Mary Annual Tax Conference
No abstract provided.
An Analysis Of Ethics Teaching In Law Schools: Replacing Lost Benefits Of The Apprentice System In The Academic Atmosphere, James E. Moliterno
An Analysis Of Ethics Teaching In Law Schools: Replacing Lost Benefits Of The Apprentice System In The Academic Atmosphere, James E. Moliterno
Faculty Publications
No abstract provided.
Ethics In Tax Practice: Emerging Standards For Reporting Tax Return Postings, Kenneth L. Harris
Ethics In Tax Practice: Emerging Standards For Reporting Tax Return Postings, Kenneth L. Harris
William & Mary Annual Tax Conference
No abstract provided.
Teaching Legal Ethics In A Program Of Comprehensive Skills Development, James E. Moliterno
Teaching Legal Ethics In A Program Of Comprehensive Skills Development, James E. Moliterno
Faculty Publications
No abstract provided.
The Judge's Role In The Enforcement Of Ethics - Fear And Learning In The Profession, John M. Levy
The Judge's Role In The Enforcement Of Ethics - Fear And Learning In The Profession, John M. Levy
Faculty Publications
No abstract provided.
A Higher Duty: A New Look At The Ethics Of The Corporate Lawyer, Harvey Frank
A Higher Duty: A New Look At The Ethics Of The Corporate Lawyer, Harvey Frank
Faculty Publications
No abstract provided.
Toward A Restatement Of Professional Ethics, William F. Swindler
Toward A Restatement Of Professional Ethics, William F. Swindler
Faculty Publications
The attitude of the courts and the practitioners is in a state of change, recognizing instances where group-practice is necessary and proper. Professor Swindler asserts that the Canons of Ethics must be revised to indicate the acceptance by the legal profession of such group-practice, particularly if the indigent and low-income client is to be served properly. Suggested revisions to the applicable Canons reflect the author's opinion.
Ethics In Legal Practice In Nebraska: A Comparative Analysis, William F. Swindler
Ethics In Legal Practice In Nebraska: A Comparative Analysis, William F. Swindler
Faculty Publications
No abstract provided.
The Model Lawyer, Lucian Minor