Law Commons^™

Fred Zacharias's Skeptical Moralism, David Luban

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

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 …

Fred Zacharias: Scholar, Colleague, Friend, Larry Alexander

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.

The Jurisdiction Of Justice: Two Conceptions Of Political Morality, Larry Alexander

San Diego Law Review

My topic in this essay is a major fault line within normative theory. More precisely, it is a major fault line within that part of a normative theory that deals with the content of our moral obligations to others. When I refer to moral obligations here, I am referring to those acts that morality demands of us such that it permits force or its threat to be employed to secure those acts. Moral obligations as I use the term are thus candidates for legal enforcement. I argue that much of what is debated within liberal political/moral theory can be usefully …

California's Duty Of Confidentiality: Is It Time For A Life-Threatening Criminal Act Exception?, Kevin E. Mohr

San Diego Law Review

In August 2001, the House of Delegates of the American Bar Association (ABA) voted in favor of a revision to the duty of confidentiality contained in the ABA's Model Rules of Professional Conduct, a set of ethics rules that has been adopted in some form by over forty states. Specifically, the House voted to broaden the exception in Model Rule 1.6 that permits a lawyer to reveal confidential information of the client to the extent the lawyer reasonably believes

necessary to prevent likely death or substantial bodily harrn.

It is

uncertain whether that vote will have any effect on the …

Public Defender's Conundrum: Signaling Professionalism And Quality In The Absence Of Price, Robert J. Aalberts, Thomas Boyt, Lorne H. Seidman

San Diego Law Review

This Essay, the result of an

extensive empirical study in the state of Nevada, attempts to ascertain factors among criminal defendants that may predict how they perceive a level of quality and satisfaction with their lawyers as service providers, as well as policy proposals for improving the perceptions of public defenders.

Ethics - Members Of New York Law Firm Found Guilty Of Professional Misconduct As A Result Of Their Role In The Publishing Of A Self-Laudatory Article In Life Magazine (In Re Connelly, N.Y. 1963), Robin Goodenough

San Diego Law Review

Four members of a New York law firm were censured by the New York Supreme court for professional misconduct due to violation of Canon 27 of Professional Ethics, New York State Bar Association. The court held that they knowingly and deliberately contributed to an article appearing in LIFE Magazine advertising their law firm. In Re Connelly, 240 App. Div. 466, 240 N.Y.S. 2d 126 (1963).