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Full-Text Articles in Law

Newsroom: Margulies On 'Ghostwriting', Roger Williams University School Of Law Jul 2015

Newsroom: Margulies On 'Ghostwriting', Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Promoting Public Protection Through An “Attorney Integrity” System: Lessons From The Australian Experience With Proactive Regulation Of Lawyers, Susan Saab Fortney Jan 2015

Promoting Public Protection Through An “Attorney Integrity” System: Lessons From The Australian Experience With Proactive Regulation Of Lawyers, Susan Saab Fortney

Faculty Scholarship

This essay uses the Australian proactive approach to regulating attorneys as a springboard to discussing the role of proactive regulation of lawyers in advancing public protection. The essay provides information on the genesis and implementation of “proactive management-based regulation, the system in Australia. The essay reviews key research findings from empirical studies on the impact of the new system on complaints registered against lawyers and the conduct of lawyers in firms. The essay suggests possibilities for using management-based principles to improve lawyer regulation and conduct in the United States and other jurisdictions. The author concludes with a challenge for regulators …


Judicial Rhetoric & Lawyers' Roles, Samuel J. Levine Jan 2015

Judicial Rhetoric & Lawyers' Roles, Samuel J. Levine

Scholarly Works

Notwithstanding the rich scholarly literature debating the proper roles of lawyers and the precise contours of lawyers’ ethical conduct, as a descriptive matter, the American legal system operates as an adversarial system, premised in part upon clear demarcations between the functions of different lawyers within the system. Broadly speaking, prosecutors have the distinct role of serving justice, which includes the duty to try to convict criminal defendants who are deserving of punishment, in a way that is consistent with both substantive and procedural justice. In contrast, private attorneys have a duty to zealously represent the best interests of their clients, …


Setting Your Compass: Some Thoughts From A (Former) Djag, Charles J. Dunlap Jr. Jan 2015

Setting Your Compass: Some Thoughts From A (Former) Djag, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.