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Articles 1 - 30 of 85
Full-Text Articles in Law
Morality Versus Slogans, Bernard Gert
Morality Versus Slogans, Bernard Gert
Center for the Study of Ethics in Society Papers
Presented to the WMU Center for the Study of Ethics in Society, April 1, 1988.
Professional Ethics Opinion 89-3, Attorney Responsibility To Disabled Or Dysfunctional Client, David F. Forte
Professional Ethics Opinion 89-3, Attorney Responsibility To Disabled Or Dysfunctional Client, David F. Forte
Law Faculty Articles and Essays
When an attorney files suit on behalf of a client and later has reason to believe the client is incompetent, what should the attorney do? Can the case be settled? Can the attorney move for the appointment of a guardian ad litem? The article is an excerpt from an ethics opinion which answers these questions.
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 …
Toward Moral Responsibility In Lawyering: Further Thoughts On The Deontological Model Of Legal Ethics, Edward J. Eberle
Toward Moral Responsibility In Lawyering: Further Thoughts On The Deontological Model Of Legal Ethics, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
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.
Surrogate Parenting And Fundamental Rights, Paul J. Denenfeld
Surrogate Parenting And Fundamental Rights, Paul J. Denenfeld
Center for the Study of Ethics in Society Papers
This essaya originated in symposium presentations made to the WMU Center for the Study of Ethics in Society, January 20, 1989.
Surrogate Parenting: The Michigan Legislation, Lucille Taylor, Paul Denenfeld
Surrogate Parenting: The Michigan Legislation, Lucille Taylor, Paul Denenfeld
Center for the Study of Ethics in Society Papers
Surrogate Parenting: The Michigan Legislation essays by: Lucille Taylor Paul Denenfeld. These essays originated in symposium presentations made to the WMU Center for the Study of Ethics in Society, January 20, 1989. Lucille Taylor is Majority Counsel, Michigan State Senate Paul Denenfeld is Legal Director, ACLU Fund of Michigan
Surrogate Parenting Legislation In Michigan: Background And Review, Lucille S. Taylor
Surrogate Parenting Legislation In Michigan: Background And Review, Lucille S. Taylor
Center for the Study of Ethics in Society Papers
This essay originated in symposium presentations made to the WMU Center for the Study of Ethics in Society, January 20, 1989.
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 …
Ethical And Professional Considerations In Estate Planning, Mark Gillett
Ethical And Professional Considerations In Estate Planning, Mark Gillett
Mark R Gillett
No abstract provided.
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.
Should I (Legally) Be My Brother's Keeper?, Gilbert Geis
Should I (Legally) Be My Brother's Keeper?, Gilbert Geis
Center for the Study of Ethics in Society Papers
Presented to the WMU Center for the Study of Ethics in Society, October 27, 1987.
Corporate Risk Management And Risk Communication In The European Community And The United States, Michael S. Baram
Corporate Risk Management And Risk Communication In The European Community And The United States, Michael S. Baram
Faculty Scholarship
The responsibility of private firms to communicate hazard and risk information to government officials and persons at risk has emerged as one of the central features of corporate risk management in the European Community ("E.C.") and the United States ("U.S."). This function is commonly described as "risk communication."' In both the E.C. and the U.S., new legal requirements and public attitudes now promote corporate disclosure of hazard and risk information on an unprecedented scale.
Corporate risk management is a vast, complex field of activity that is largely unaddressed by commentators and unknown to the general public in both industrial societies. …
Under Advisement: Attorney Fee Forfeiture And The Supreme Court, Stacy Caplow
Under Advisement: Attorney Fee Forfeiture And The Supreme Court, Stacy Caplow
Faculty Scholarship
No abstract provided.
Codes Of Ethics In Business, Michael Davis
Codes Of Ethics In Business, Michael Davis
Center for the Study of Ethics in Society Papers
Presented to the WMU Center for the Study of Ethics in Society, October 26, 1988.
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.
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 …
Lawyers And Conscience, Thomas Morawetz
Lawyers And Conscience, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
Professional Responsibility, James J. Grogan, Pamela A. Gregory
Professional Responsibility, James J. Grogan, Pamela A. Gregory
Loyola University Chicago Law Journal
No abstract provided.
The Warranty Of Quality In Sale Of Goods Under The Perspective Of The American And French Law, Renaud Baguenault De Puchesse
The Warranty Of Quality In Sale Of Goods Under The Perspective Of The American And French Law, Renaud Baguenault De Puchesse
LLM Theses and Essays
While the United States’ common law system is characterized by diversity due to each state having its own set of rules, in certain areas there are nationwide legislative attempts of unification and standardization. One such attempt is the adoption of the Uniform Commercial Code which governs the sale of goods law in the United States. The French civil law system generally differs greatly from the American system in that it is primarily based upon statutes and codes. However, the American Uniform Commercial Code and the French Civil Code provide tangible, comparable bases to assess similarities and differences between American and …
The Lawyer’S Professional Independence: Memories, Aspirations, And Realities, Roger C. Cramton
The Lawyer’S Professional Independence: Memories, Aspirations, And Realities, Roger C. Cramton
Cornell Law Faculty Publications
No abstract provided.
Do Professors Need Professional Ethics As Much As Doctors And Lawyers?, James W. Nickel
Do Professors Need Professional Ethics As Much As Doctors And Lawyers?, James W. Nickel
Center for the Study of Ethics in Society Papers
Papers Published by the Center for the Study of Ethics in Society, Western Michigan University.
The Lawyer's Duty To Keep Clients Informed: Establishing A Standard Of Care In Professional Liability Actions, Gary A. Munneke
The Lawyer's Duty To Keep Clients Informed: Establishing A Standard Of Care In Professional Liability Actions, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
This Article will explore the problem of the attorney's duty to provide clients with adequate information to make informed decisions. It will discuss situations in which such a duty is appropriate, and suggest that a cause of action for informed consent must be limited to those fact patterns where courts have established the right of the client to make the decision. The analysis rejects establishment of a broad right of the client to control all aspects of the representation. The Article will first review the history of the development of professional liability law with particular emphasis on the medical profession, …
Ethos And Conscience—A Rejoinder, Daniel S. Kleinberger
Ethos And Conscience—A Rejoinder, Daniel S. Kleinberger
Faculty Scholarship
In “Wanted: An Ethos of Personal Responsibility,” Professor Kleinberger sought to prompt debate about the moral preconceptions of the legal profession. Professor Morawetz responded in his essay, “Layers and Conscience.” This article responds, commenting on Morawetz’s arguments that (1) excessive pessimism about lawyer morality is unfounded and counterproductive; (2) the public’s antipathy toward lawyers is inevitable given the role lawyers play in our society; (3) codes of ethics can and do have an uplifting influence on the morals of lawyers; and (4) law schools can and do train moral judgment.
Wanted: An Ethos Of Personal Responsibility—Why Codes Of Ethics And Schools Of Law Don't Make For Ethical Lawyers, Daniel S. Kleinberger
Wanted: An Ethos Of Personal Responsibility—Why Codes Of Ethics And Schools Of Law Don't Make For Ethical Lawyers, Daniel S. Kleinberger
Faculty Scholarship
This article: (1) argues that neither codes of professional ethics nor traditional modes of law school teaching do much to produce ethical lawyers; (2) asserts that ethics codes and the presuppositions of the adversary system work to alienate lawyers from a sense of individual responsibility; (3) critiques the conceptual connection between the adversary system and codes of lawyer ethics; (4) critiques the conventional approach to teaching legal ethics in law schools; (5) invokes the approach to ethical analysis championed by the German sociologist and social theorist Max Weber; and (6) explains how that approach, coupled with traditional tools of legal …
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.
Can Corporate Masters Afford To Become Public Servants, Marshall J. Breger
Can Corporate Masters Afford To Become Public Servants, Marshall J. Breger
Scholarly Articles
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.
Heaven Help The Lawyer For A Civil Liar, Steven H. Goldberg
Heaven Help The Lawyer For A Civil Liar, Steven H. Goldberg
Elisabeth Haub School of Law Faculty Publications
In April of 1987, the American Bar Association's Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 87-353. Influenced by the problem of a criminal defendant's potential perjury, as discussed in Nix v. Whiteside, the Formal Opinion focuses on subsection 3.3(a)(2) of Model Rule 3.3, rather than on subsection 3.3(a)(4). As a result, the Opinion advises all lawyers — civil and criminal — who know that their clients will lie to the jury, to “disclose the client's intention to testify falsely to the tribunal,” unless they can withdraw from the representation or prohibit the prospective lie. It advises lawyers …