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- Fred Zacharias (27)
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Articles 1 - 30 of 34
Full-Text Articles in Law
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. …
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 …
Conflicts Of Interest: Slicing The Hot Potato Doctrine, John Leubsdorf
Conflicts Of Interest: Slicing The Hot Potato Doctrine, John Leubsdorf
San Diego Law Review
This essay, which boasts of being the first law review article devoted to what professional responsibility insiders call the “hot potato doctrine,” will discuss some of the unanswered questions about the doctrine’s core principle: a firm may not turn a present client into a former client by “firing” the client in order to get the benefit of the more lenient conflict of interest rules that apply to former clients. Exactly how does this modify the rules laid down by the Model Rules of Professional Conduct governing conflicts of interest and withdrawal from representations? What is the justification for refusing to …
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.
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 …
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.
Prosecutors' Ethical Duty Of Disclosure In Memory Of Fred Zacharias, Bruce A. Green
Prosecutors' Ethical Duty Of Disclosure In Memory Of Fred Zacharias, Bruce A. Green
San Diego Law Review
This Article might lead one to ask which body better apprehended the nature of the prosecutorial disclosure rule. Two parts of this Article will explore that question and reach an unexpected conclusion: although the ABA ethics committee and the Ohio Supreme Court had opposite visions of equivalent rules, they may both be right. Even so, there is something obviously jarring about the divide, which reveals deficiencies in the rule adoption process. The ABA has an interest in persuading courts to adopt not only its Model Rules but also its interpretations of those rules, so the result seems to reflect a …
A List, Frank Partnoy
A List, Frank Partnoy
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
Some Reflections On Ethics And Plea Bargaining: An Essay In Honor Of Fred Zacharias, R. Michael Cassidy
Some Reflections On Ethics And Plea Bargaining: An Essay In Honor Of Fred Zacharias, R. Michael Cassidy
San Diego Law Review
Dedication to the Ethics and Plea Bargaining works of 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.
Fred Zacharias: Scholar, Colleague, Friend, Larry Alexander
Fred Zacharias: Scholar, Colleague, Friend, Larry Alexander
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.
In Memoriam: Fred C. Zacharias, Russell K. Osgood
In Memoriam: Fred C. Zacharias, Russell K. Osgood
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
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 Zacharias And A Lawyer's Attempt To Be Guided By Justice: Flying With Harry Potter And Understanding How Lawyers Can Prosecute The People They Represent, Randy Lee
San Diego Law Review
This Article seeks to embrace Professor Zacharias’s call for lawyers to consider more deeply what it means for a lawyer—and here particularly a government lawyer—to do justice. In so doing, it recognizes two parameters that Professor Zacharias wisely established for this task: first, that lawyers need direction that is concrete in how to behave as lawyers; and second, that lawyers can understand “justice,” “fairness,” and “truth” to be amorphous concepts and that lawyers may even attempt to define those terms with equally amorphous words. This Article also recognizes, however, that although justice, fairness, and truth can be reduced to abstraction, …
Fred Zacharias's Skeptical Moralism, David Luban
Fred Zacharias's Skeptical Moralism, David Luban
San Diego Law Review
Dedication to the works of Prof. Fred Zacharias.
Fred Z., David Mcgowan
Fred Z., David Mcgowan
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.
Behind Closed Doors: Shedding Light On Lawyer Self-Regulation-What Lawyers Do When Nobody's Watching, John Sahl
Behind Closed Doors: Shedding Light On Lawyer Self-Regulation-What Lawyers Do When Nobody's Watching, John Sahl
San Diego Law Review
This Article summarizes Nobody’s Watching. It also examines some of the consequences of failing to enforce ethical rules for lawyer conduct and offers some lessons for future rule development and enforcement. Part III considers some of the academic and practical significance of Nobody’s Watching. The Article concludes by noting that Nobody’s Watching offers academics, lawyers, and regulators a valuable tool to better understand and improve the regulation of the profession.
Federalizing Legal Ethics, Nationalizing Law Practice, And The Future Of The American Legal Profession In A Global Age, Eli Wald
San Diego Law Review
This Article is organized as a response to Zaharias’s influential paper, revisiting each of his four analytical steps. Following Zacharias, Part II documents the growing nationalization and globalization of law practice, and argues that the transformation of law practice renders the state-based regulation of lawyers ineffective. Part III parts ways with Zacharias’s thesis. It asserts that nationalizing, by federalizing, legal ethics is not warranted by changing practice realities and that, worse, federalizing legal ethics without more will leave some of the most troubling aspects of the transformation of law practice, including client needs, unaddressed. Instead, Part III argues that the …
Remembering Fred, Guido Calabresi
Remembering Fred, Guido Calabresi
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
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.
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.
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.
In Memoriam, Steven D. Smith
In Memoriam, Steven D. Smith
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.