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Articles 1 - 30 of 58
Full-Text Articles in Law
Virtue Ethics In A Perfectionist Theory Of Law And Justice, Donald F. Brosnan
Virtue Ethics In A Perfectionist Theory Of Law And Justice, Donald F. Brosnan
Cardozo Law Review
No abstract provided.
Insuring Rule 11 Sanctions, Cary Coglianese
Insuring Rule 11 Sanctions, Cary Coglianese
Michigan Law Review
Federal Rule of Civil Procedure 11 requires courts to sanction attorneys who file frivolous papers. Since 1983, when the rule was amended, attorney sanctions have emerged as an increasingly significant aspect of civil litigation in the United States.
Can these and other attorneys find coverage for sanctions under their existing policies? Should they be allowed to obtain coverage for sanctions at all? This Note addresses these questions and attempts to sketch the landscape surrounding the looming issue of insurance coverage for rule 11 sanctions. To determine whether sanctions can and should be insurable, it is necessary first to understand the …
Judicial Ethics: The Less-Often Asked Questions, Andrew L. Kaufman
Judicial Ethics: The Less-Often Asked Questions, Andrew L. Kaufman
Washington Law Review
Judicial ethics is a topic of increasing interest to the public, the bar, and the judiciary; only recently has the body of substantive law regarding judicial behavior begun to take shape. This essay explores the less developed issues of ex parte communication by judges, activities of judges' spouses, the obligation of judges to report attorney disciplinary violations, and extrajudicial comments by judges about legal matters. The Author analyzes the positions on these issues of the ABA Code of Judicial Conduct, the Judicial Conference of the United States' Code of Conduct for United States Judges, and the Discussion Draft of Draft …
Towards Greater Openness In Judicial Conduct Commission Proceedings: Temporary Confidentiality As An Alternative To Inviolate Confidentiality—Garner V. Cherberg, 111 Wash. 2d 811, 765 P.2d 1284 (1988), Tom Montgomery
Washington Law Review
In Garner v. Cherberg, the Washington Supreme Court upheld certain rules of inviolate confidentiality adopted by the Washington Commission on Judicial Conduct. This Note examines the justifications for such confidentiality rules, and proposes temporary, rather than inviolate, confidentiality to better balance interests of fairness and the public's right to know.
Ethical Soap: L.A. Law And The Privileging Of Character, Robert Eli Rosen
Ethical Soap: L.A. Law And The Privileging Of Character, Robert Eli Rosen
University of Miami Law Review
No abstract provided.
Rethinking The Hegilian State, Fred Dallmayr
Abstract Right And The Possibility Of A Nondistributive Conception Of Contract: Hegel And Contemporary Contract Theory, Peter Benson
Abstract Right And The Possibility Of A Nondistributive Conception Of Contract: Hegel And Contemporary Contract Theory, Peter Benson
Cardozo Law Review
No abstract provided.
Maintaining Public Confidence In The Integrity Of The Judiciary: State Bar Of Nevada V. Claiborne, Mark A. Hutchison
Maintaining Public Confidence In The Integrity Of The Judiciary: State Bar Of Nevada V. Claiborne, Mark A. Hutchison
BYU Law Review
No abstract provided.
A Comment On "Hegel's Legal Plenum", Agnes Heller
A Comment On "Hegel's Legal Plenum", Agnes Heller
Cardozo Law Review
No abstract provided.
The Advance Fee Payment Dilemma: Should Payments Be Deposited To The Client Trust Account Or To The General Office Account?, Lester Brickman
The Advance Fee Payment Dilemma: Should Payments Be Deposited To The Client Trust Account Or To The General Office Account?, Lester Brickman
Cardozo Law Review
No abstract provided.
Regulating Judicial Misconduct And Divining "Good Behavior" For Federal Judges, Harry T. Edwards
Regulating Judicial Misconduct And Divining "Good Behavior" For Federal Judges, Harry T. Edwards
Michigan Law Review
In recent years, we have witnessed an unprecedented number of instances in which federal judges have been accused of criminal behavior and other serious acts of misconduct. This raises major concerns regarding the scope and enforcement of canons of conduct for members of the judicial branch. It would be presumptuous for anyone to suggest a complete understanding of the notion of "good behavior" for federal judges, or to claim a fully satisfactory prescription for the problem of "judicial misconduct." That is not my object. In reflecting on these issues, however, I have come to realize that I may not share …
Kalish V. Illinois Education Association: Absolute Privileges In Quasi - Judicial Proceedings, 22 J. Marshall L. Rev. 737 (1989), Michael Fahey
Kalish V. Illinois Education Association: Absolute Privileges In Quasi - Judicial Proceedings, 22 J. Marshall L. Rev. 737 (1989), Michael Fahey
UIC Law Review
No abstract provided.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Professional Responsibility, Susan B. Spielberg
Annual Survey Of Virginia Law: Professional Responsibility, Susan B. Spielberg
University of Richmond Law Review
This year, 1989, may become known as the Ethics Year as accounts of questionable behavior of public, governmental and leading business figures, many of whom are lawyers, proliferate in the media. Questionable ethical behavior leads to the erosion of public confidence in the legal profession and demonstrates the need for increased scrutiny of the conduct of lawyers in both their professional and private capacities.
Real Estate Law In Probate Practice: Tales Of Woe, Warning, And Wisdom, 23 J. Marshall L. Rev. 121 (1989), Frank J. Harrison
Real Estate Law In Probate Practice: Tales Of Woe, Warning, And Wisdom, 23 J. Marshall L. Rev. 121 (1989), Frank J. Harrison
UIC Law Review
No abstract provided.
Law School's Pro Bono Role: A Duty To Require Student Public Service, Frederick J. Martin Iii
Law School's Pro Bono Role: A Duty To Require Student Public Service, Frederick J. Martin Iii
Fordham Urban Law Journal
The immense legal needs of the indigent are not being met. Pro bono work is the responsibility of every lawyer, but most lawyers do not do any pro bono work. The author argues that law schools have a responsibility not only to nurture student interest in pro bono work but also to develop students’ abilities to provide legal services to the indigent. The author proposes that law schools require students to participate in programs that provide legal services to the poor, either through a private organization or through a clinical program. The author contends that the latter method would be …
Professional Responsibility, James J. Grogan, Pamela A. Gregory
Professional Responsibility, James J. Grogan, Pamela A. Gregory
Loyola University Chicago Law Journal
No abstract provided.
How An Errorless Judgment Can Become Erroneous., Robert W. Calvert
How An Errorless Judgment Can Become Erroneous., Robert W. Calvert
St. Mary's Law Journal
Abstract Forthcoming.
Summary Judgments In Texas., David Hittner, Lynne Liberato
Summary Judgments In Texas., David Hittner, Lynne Liberato
St. Mary's Law Journal
Abstract Forthcoming.
Hazardous Chemicals In The Workplace: The Employer's Obligation To Inform Employees And The Community., Nelson A. Clare
Hazardous Chemicals In The Workplace: The Employer's Obligation To Inform Employees And The Community., Nelson A. Clare
St. Mary's Law Journal
Significant changes have recently occurred in reporting requirements for employers who have hazardous chemicals in their workplaces. The amended Federal Hazard Communication Standard requires private employers, engaged in a business using hazardous chemicals, to communicate to employees the potential hazards. The Standard requires employers to use: 1) a Hazard Communication Program, 2) labels and other forms of warning, 3) material safety data sheets, and 4) information and training about hazardous chemicals. Local and state governments must compare and reconcile the various and complex provisions relating to the Standard to ensure compliance with all requirements of the respective laws. The Texas …
Toxic Waste: Who Pays The Piper - A Private Party's Federal And Texas Rights To Recovery Of Voluntary Cleanup Costs Of Toxic Waste., Barbara Hanson Nellermoe
Toxic Waste: Who Pays The Piper - A Private Party's Federal And Texas Rights To Recovery Of Voluntary Cleanup Costs Of Toxic Waste., Barbara Hanson Nellermoe
St. Mary's Law Journal
Abstract Forthcoming.
Private Retirement Benefits Earned During Marriage Characterized As Community Property And Do Not Automatically Remain Property Of Surviving Spouse., Darryl J. Silvera
Private Retirement Benefits Earned During Marriage Characterized As Community Property And Do Not Automatically Remain Property Of Surviving Spouse., Darryl J. Silvera
St. Mary's Law Journal
Abstract Forthcoming.
$500,000 Cap On Non-Economic Damages For Medical Malpractice Inconsistent With Open Courts Guarantee In Texas Constitution., Kathryn Kase
$500,000 Cap On Non-Economic Damages For Medical Malpractice Inconsistent With Open Courts Guarantee In Texas Constitution., Kathryn Kase
St. Mary's Law Journal
Abstract Forthcoming.
Government Action Does Not Violate Free Exercise Clause Of First Amendment When It Neither Coerces Action Contrary To Religious Beliefs Nor Prohibits Access To Practice Those Beliefs, But Merely Imposes An Incidental Burden On Religious Practice., Joani S. Harrison
St. Mary's Law Journal
Abstract Forthcoming.
Fundamental Error When Rule Against Misjoinder Violated By Charging More Than One Non-Property Offense In Same Indictment Resulting In Multiple Convictions., Virginia Coyle
St. Mary's Law Journal
Abstract Forthcoming.
Miranda Warnings Sufficient To Inform Defendant Of Sixth Amendment Right To Counsel For Postindictment Interrogations., David M. Shearer
Miranda Warnings Sufficient To Inform Defendant Of Sixth Amendment Right To Counsel For Postindictment Interrogations., David M. Shearer
St. Mary's Law Journal
Abstract Forthcoming.
In Pari Delicto Defense May Bar Recovery In Section 12(1) Action Under Securities Act Of 1933., G. Barton Chucker
In Pari Delicto Defense May Bar Recovery In Section 12(1) Action Under Securities Act Of 1933., G. Barton Chucker
St. Mary's Law Journal
Abstract Forthcoming.
A Consumer Update: Recent Developments Under The Texas Deceptive Trade Practices Act., Richard M. Alderman, Melanie P. Rosenthal
A Consumer Update: Recent Developments Under The Texas Deceptive Trade Practices Act., Richard M. Alderman, Melanie P. Rosenthal
St. Mary's Law Journal
No abstract provided.
Aspects Of Defending A Texas Deceptive Trade Practices - Consumer Protection Act Claim., Andy A. Tschoepe Ii, Stanley E. Crawford Jr., David Jed Williams
Aspects Of Defending A Texas Deceptive Trade Practices - Consumer Protection Act Claim., Andy A. Tschoepe Ii, Stanley E. Crawford Jr., David Jed Williams
St. Mary's Law Journal
No abstract provided.
Warranties, Disclaimers, Limitation Of Remedies, And The Texas Deceptive Trade Practices Act., Thomas Black
Warranties, Disclaimers, Limitation Of Remedies, And The Texas Deceptive Trade Practices Act., Thomas Black
St. Mary's Law Journal
No abstract provided.