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Articles 1 - 30 of 59
Full-Text Articles in Law
Professional Responsibility: Beyond Pure Ethics And Circular 230 (Outline), Leslie S. Shapiro
Professional Responsibility: Beyond Pure Ethics And Circular 230 (Outline), Leslie S. Shapiro
William & Mary Annual Tax Conference
No abstract provided.
Legal Ethics, Jack L. Sammons
Legal Ethics, Jack L. Sammons
Mercer Law Review
The dominant event during this surveyed period' is not an event at all. It is instead a struggle so pervasive that its lurking presence is felt behind every important case and Formal Advisory Opinion ("FAO") decided this year. This struggle is between the two primary functions that the Georgia appellate courts perform in this area of law: the normal judicial function and the regulation of the legal profession. This second function is a legislative and an interpretative one. Appellate courts in Georgia perform the interpretive function in both an advisory capacity through FAO's and in a judicial capacity through case …
Legal Malpractice: The Profession's Dirty Little Secret, Manuel R. Ramos
Legal Malpractice: The Profession's Dirty Little Secret, Manuel R. Ramos
Vanderbilt Law Review
Legal malpractice is a taboo subject. It has been ignored by the legal profession,' law schools, mandatory continuing legal education ("CLE") programs, and even by scholarly' and lay publications. Unfortunately, our perception of legal malpractice, up until now, has been highly distorted by secretive insurance companies, confidential settlement agreements, and a questionable American Bar Association ("ABA") Study. Nonetheless, sharply contrasting portraits of legal malpractice have emerged: either it is just a minor problem of "weeding out" a few "bad apples," or it is the tip of an "iceberg," ready to overwhelm the legal profession. The ABA Study has fostered the …
Differing Perceptions Of Attorney Fees In Bankruptcy Cases, Theodore Eisenberg
Differing Perceptions Of Attorney Fees In Bankruptcy Cases, Theodore Eisenberg
Cornell Law Faculty Publications
Public Understanding, Professional Ethics, And The News: A Response To Jane Rhodes, David Boeyink
Public Understanding, Professional Ethics, And The News: A Response To Jane Rhodes, David Boeyink
Federal Communications Law Journal
Symposium: The Transformation of Television News
Public Understanding, Professional Ethics, And The News, Josephine Holz
Public Understanding, Professional Ethics, And The News, Josephine Holz
Federal Communications Law Journal
Symposium: The Transformation of Television News
Paradigms And Our Shrinking Bioethics, Peter Cherbas
Paradigms And Our Shrinking Bioethics, Peter Cherbas
Indiana Law Journal
Symposium: Emerging Paradigms in Bioethihcs
Courage In The Holocaust, Lawrence Raful
Review Of: The Genetic Frontier: Ethics, Law, And Policy (Mark S. Frankel & Albert Teich Eds., American Association For The Advancement Of Science 1994), Suzanne A. Sprunger
Review Of: The Genetic Frontier: Ethics, Law, And Policy (Mark S. Frankel & Albert Teich Eds., American Association For The Advancement Of Science 1994), Suzanne A. Sprunger
RISK: Health, Safety & Environment (1990-2002)
Review of: The Genetic Frontier: Ethics, Law, and Policy (Mark S. Frankel & Albert Teich eds., American Association for the Advancement of Science 1994). Acknowledgments, appendix, contributors, figures, index, introduction, notes, references, tables. LC 93-37230, ISBN 0-87168-526-4. [260 pp. Paper $22.95. 1333 H St., NW, Washington DC 20005.]
What Part Of Rpos Don't You Understand? An Update And Survey Of Standards For Tax Return Positions, J. Timothy Philipps, Michael W. Mumbach, Morgan W. Alley
What Part Of Rpos Don't You Understand? An Update And Survey Of Standards For Tax Return Positions, J. Timothy Philipps, Michael W. Mumbach, Morgan W. Alley
Washington and Lee Law Review
No abstract provided.
Child Abuse: Should You Report It?, David F. Forte
Child Abuse: Should You Report It?, David F. Forte
Law Faculty Articles and Essays
This article discusses the options under the Code of Professional Responsibility for a domestic relations attorney who acquires confidential or secret information about child abuse by a client.
The Limits Of Compulsory Professionalism: How The Unified Bar Harms The Legal Profession, Bradley A. Smith
The Limits Of Compulsory Professionalism: How The Unified Bar Harms The Legal Profession, Bradley A. Smith
Florida State University Law Review
No abstract provided.
Sexual Harassment In The Legal Profession: Workplace Education And Reform, Civil Remedies, And Professional Discipline, Lisa Pfenninger
Sexual Harassment In The Legal Profession: Workplace Education And Reform, Civil Remedies, And Professional Discipline, Lisa Pfenninger
Florida State University Law Review
No abstract provided.
Risk Management For Lawyers, William H. Fortune, Dulaney O’Roark
Risk Management For Lawyers, William H. Fortune, Dulaney O’Roark
Law Faculty Scholarly Articles
Lawyers are under siege. We have become objects of scorn, ridicule, and occasional hatred. If you take your child to the Stephen Spielberg movie Jurassic Park, be prepared for the cheers when the cloned Tyrannosaurus Rex gobbles the lawyer—not a bad guy at all—cowering in the outhouse. In San Francisco a client burst into a California law firm and killed eight and wounded six persons before taking his own life. In response, the president of the California bar linked lawyer-bashing to hate crimes and prevailed on the Miller Brewing Company to withdraw a television commercial depicting a "lawyer-roping rodeo" …
"Presumptions And Burdens Of Proof As Tools For Legal Stability And Change, Tamar Frankel
"Presumptions And Burdens Of Proof As Tools For Legal Stability And Change, Tamar Frankel
Faculty Scholarship
Presumptions and burdens of proof are used, among other purposes, to maintain legal stability and at the same time effect change. By imposing the burden of proof on the party asserting a certain outcome, courts can calibrate burdens of proof and substantive rules until experience points to rule retention or amendment. As agents of change, presumptions and burdens of proof are far more flexible and less brittle than rules.1
This Article tells the story of presumptions and burdens of proof in litigation between corporate shareholders and managements. This litigation is replete with volatile presumptions and innovative burdens of proof, …
Buckley V. Illinois Judicial Inquiry Board And Stretton V. Disciplinary Board Of The Supreme Court: First Amendment Limits On Ethical Restrictions Of Judicial Candidates' Speech, Robert M. Brode
Washington and Lee Law Review
No abstract provided.
Radical Lawmakers In Colonial Massachusetts: The `Countenance Of Authoritie' And The Lawes And Libertyes, Daniel R. Coquillette
Radical Lawmakers In Colonial Massachusetts: The `Countenance Of Authoritie' And The Lawes And Libertyes, Daniel R. Coquillette
Daniel R. Coquillette
Also appears in Studi in Memoria Di Gino Gorla, 1605-1633. Tomo II: Dialogo Tra Ordinamenti, Diritto dei Commerci E Diritto Europa Iura Naturalia E Diritti Fondamentali. Italy, 1994, and in translation as "Giuristi Radicali Nel Massachusetts Coloniale: `Countenance of Authority' Lawes and Libertyes." In Il Diritto dei Nuovi Mondi: Atti del Convegno promosso dall'Instituto di Diritto Privato delle Facoltà di Giurisprudenza: Genova, 5-7 novembre 1992, 113-143. Milan: Casa Editrice Dott. Antonio Milani, 1994.
Clark Memorandum: Spring 1994, J. Reuben Clark Law Society, J. Reuben Clark Law School
Clark Memorandum: Spring 1994, J. Reuben Clark Law Society, J. Reuben Clark Law School
The Clark Memorandum
- Why the Founding Fathers Would Call Another Constitutional Convention Now (Malcom R. Wilkey)
- Gospel Teachings About Lying (Dallin H. Oaks)
- Against the Current (John Snyder)
- The Hurler of Stars: To Serve and To Revere (Elder Marion D. Hanks)
Narrative, Luck, And Ethics: The Role Of Chance In Ethical Encounters, In Literature And Real Life Experiences, Nona Lyons
Center for the Study of Ethics in Society Papers
Presented to the WMU Center for the Study of Ethics in Society - March 9, 1993.
Human Rights In The Social Sciences, Erika Loerner Friedi
Human Rights In The Social Sciences, Erika Loerner Friedi
Center for the Study of Ethics in Society Papers
This paper was originally presented as a Western Michigan University Faculty Scholar Lecture. The Ethics Center is grateful to the Faculty Scholars' Committee and to its chair, Prof. Ernst Breisach, for allowing us to publish it.
Kant On Obligation And Motivation In Law And Ethics, Nelson T. Potter Jr.
Kant On Obligation And Motivation In Law And Ethics, Nelson T. Potter Jr.
Department of Philosophy: Faculty Publications
It is quite clear that a positive law must have some motivation connected with it, as specified in a penalty, at least a criminal law must, as opposed to a law appropriating funds or a law authorizing persons to make use of certain legal possibilities, such as a will, a limited liability corporation, or marriage. Some ten years ago Nebraska's state legislature passed a law requiring the wearing of a motorcycle helmet while riding a motorcycle on the state's roads, and the Governor signed it into law. Only some time after this process had been completed was the defect of …
Understanding Kaye Scholer: The Autonomous Citizen, The Managed Subject And The Role Of The Lawyer, Nancy Amoury Combs
Understanding Kaye Scholer: The Autonomous Citizen, The Managed Subject And The Role Of The Lawyer, Nancy Amoury Combs
Faculty Publications
The Office of Thrift Supervision's (OTS) unprecedented enforcement action against Kaye, Scholer, Fierman, Hays and Handler (Kaye Scholer) prompted howls of protest from the legal community. OTS, it was claimed, was using its excessive power to redefine the role of the lawyer. This Comment confirms that OTS sought to impose duties on Kaye Scholer that conflict with professional ethics rules. The Comment then goes on to suggest that the conflict over professional responsibility in the Kaye Scholer case reflects, more fundamentally, a conflict over the role of the citizen, and the citizen's relationship with the state. Our adversarial system of …
The Public Interest And The Unconstitutionality Of Private Prosecutors, John Bessler
The Public Interest And The Unconstitutionality Of Private Prosecutors, John Bessler
All Faculty Scholarship
This article discusses the history of private and public prosecution in the United States, including standards governing prosecutorial ethics. It argues that the use of private prosecutors is unethical and violative of defendants' constitutional rights. In particular, the article asserts that the use of such prosecutors violates due process principles and creates, at the very least, an unacceptable appearance of impropriety. The article contends that the public's interest in not having its members erroneously charged or convicted in the criminal process outweighs an interested party's right to retain a private prosecutor as set forth in some state laws. In addition …
Testing The Radical Experiment: A Study Of Lawyer Response To Clients Who Intend To Harm Others, Leslie Levin
Testing The Radical Experiment: A Study Of Lawyer Response To Clients Who Intend To Harm Others, Leslie Levin
Faculty Articles and Papers
No abstract provided.
Emperor's Clothes And Other Tales About The Standards For Imposing Lawyer Discipline Sanctions, The, Leslie Levin
Emperor's Clothes And Other Tales About The Standards For Imposing Lawyer Discipline Sanctions, The, Leslie Levin
Faculty Articles and Papers
No abstract provided.
The History Of Statutory Compilations In Pennsylvania, Joel Fishman
The History Of Statutory Compilations In Pennsylvania, Joel Fishman
Joel Fishman
This article deals with the history of both unofficial and official statutory compilations (chronological and topical) in Pennsylvania.
Values, Pierre Schlag
Maintaining The Dignity Of The Profession: An International Perspective On Legal Advertising And Solicitation, Lauren Dobrowalski
Maintaining The Dignity Of The Profession: An International Perspective On Legal Advertising And Solicitation, Lauren Dobrowalski
Penn State International Law Review
No abstract provided.
Lawyers Abroad: New Rules For Practice In A Global Economy, Kenneth S. Kilimnik
Lawyers Abroad: New Rules For Practice In A Global Economy, Kenneth S. Kilimnik
Penn State International Law Review
No abstract provided.
Delivery Of Legal Services To Ordinary Americans, Roger C. Cramton
Delivery Of Legal Services To Ordinary Americans, Roger C. Cramton
Cornell Law Faculty Publications
No abstract provided.