Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Legal Ethics and Professional Responsibility

2019

Institution
Keyword
Publication
Publication Type
File Type

Articles 241 - 258 of 258

Full-Text Articles in Law

Artificial Wisdom? A Potential Limit On Ai In Law (And Elsewhere), Joshua P. Davis Jan 2019

Artificial Wisdom? A Potential Limit On Ai In Law (And Elsewhere), Joshua P. Davis

Oklahoma Law Review

No abstract provided.


The Future Is ̶B̶R̶I̶G̶H̶T̶ Complicated: Ai, Apps & Access To Justice, Emily S. Taylor Poppe Jan 2019

The Future Is ̶B̶R̶I̶G̶H̶T̶ Complicated: Ai, Apps & Access To Justice, Emily S. Taylor Poppe

Oklahoma Law Review

No abstract provided.


When Robots Make Legal Mistakes, Susan C. Morse Jan 2019

When Robots Make Legal Mistakes, Susan C. Morse

Oklahoma Law Review

No abstract provided.


Surrogacy, Child’S Welfare, And Public Policy In Adoption Applications, Seow Hon Tan Jan 2019

Surrogacy, Child’S Welfare, And Public Policy In Adoption Applications, Seow Hon Tan

Research Collection Yong Pung How School Of Law

This case note discusses the Singapore High Court case of UKM, in which an order was granted to a gay man to adopt his biological son conceived through a gestational surrogacy arrangement in the United States. In particular, the High Court’s assessment of the welfare of the child and of public policy, in light of two factors—the prohibition of male homosexual acts in section 377A of the Penal Code and the de facto curtailment of domestic surrogacy by Singapore’s restrictive rules relating to the use of assisted reproduction technology services—will be examined.


A Common-Sense Defense Of Janus: Forthcoming Changes In The Public Sector, Maria O'Brien Jan 2019

A Common-Sense Defense Of Janus: Forthcoming Changes In The Public Sector, Maria O'Brien

Faculty Scholarship

Many scholars and others have, for some time now, been calling attention to the alarming growth in post-employment and other benefits for unionized employees in the public sector. 17 A fairly well-understood phenomenon is thought to explain the inability of state and local governments to resist outsized demands from their public unions. As 18 Is and others 19 have argued, the central problem with public sector unions is that they find it easy to capture their employers (taxpayers) in ways that private sector unions cannot. The role played by often eager and feckless elected officials in this process has also …


Professionally Responsible Artificial Intelligence, Michael Hatfield Jan 2019

Professionally Responsible Artificial Intelligence, Michael Hatfield

Articles

As artificial intelligence (AI) developers produce more applications for professional use, how will we determine when the use is professionally responsible? One way to answer the question is to determine whether the AI augments the professional’s intelligence or whether it is used as a substitute for it. To augment the professional’s intelligence would be to make it greater, that is, to increase and improve the professional’s expertise. But a professional who substitutes artificial intelligence for his or her own puts both the professional role and the client at risk. The problem is developing guidance that encourages professionals to use AI …


Análisis De La Adaptación De Políticas Públicas De Inclusión Educativa De Personas En Condición De Discapacidad De Lo Internacional A Lo Nacional, María Camila Ortiz Jiménez Jan 2019

Análisis De La Adaptación De Políticas Públicas De Inclusión Educativa De Personas En Condición De Discapacidad De Lo Internacional A Lo Nacional, María Camila Ortiz Jiménez

Licenciatura en Español y Lenguas Extranjeras

El presente artículo académico atiende a la pregunta “¿Cuáles son las políticas públicas internacionales de inclusión educativa para niños con discapacidad y cómo se han aplicado en las políticas públicas en Colombia?” con el fin de identificar y categorizar dichas políticas para obtener un contenido útil que aporte a la práctica docente y promueva la educación inclusiva. Para lograr esto, se llevó a cabo una investigación cualitativa de tipo descriptivo, acompañada de un método histórico y de la técnica de investigación, análisis de contenido. A través de esta técnica, se analizaron 76 documentos de políticas públicas de inclusión educativa y, …


Immunity Incorporated: All The Injustice That Jeffrey Epstein Can Buy, Janice G. Raymond Jan 2019

Immunity Incorporated: All The Injustice That Jeffrey Epstein Can Buy, Janice G. Raymond

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.


The Brandeis Thought Experiment: Reflection On The Elimination Of Racial Bias In The Legal System, Patrick C. Brayer Jan 2019

The Brandeis Thought Experiment: Reflection On The Elimination Of Racial Bias In The Legal System, Patrick C. Brayer

Faculty Works

This essay prompts the reader to engage in a thought experiment and consider their own limits in advancing the cause of; a legal system free from racism and bias, and lawyers are encouraged to use the experience of a young Louis Brandeis as a guide in this self-reflection. Specifically, this essay calls attention to the fact that Louis Brandeis started his legal career, at the same time when, and in the same place where thousands of African Americans were escaping persecution and traveling in search of economic and political freedom, yet he was publicly absent on issues of race. As …


Technology In Legal Practice: Keeping Ethical Obligations In Mind, Teresa J. Verges, Christine Lazaro Jan 2019

Technology In Legal Practice: Keeping Ethical Obligations In Mind, Teresa J. Verges, Christine Lazaro

Faculty Publications

(Excerpt)

The use of technology in the legal profession is ubiquitous, expanding, and ever changing. Lawyers connect with their clients, co-workers, and others through email. Cloud computing has allowed lawyers to create virtual and mobile workspaces, providing them with accessibility to client files and resources anywhere in the world. Social media allows lawyers to showcase their expertise and build their practice. Technology has undoubtedly impacted how lawyers provide legal services to their clients. However, as lawyers, we remain subject to long-standing professional and ethical obligations that govern our practice. This article explores how commonly used technology in legal practice implicates …


The Outsized Influence Of The Fcpa?, Veronica Root Martinez Jan 2019

The Outsized Influence Of The Fcpa?, Veronica Root Martinez

Faculty Scholarship

The current power and influence of the Foreign Corrupt Practices Act (“FCPA”) is really quite remarkable when one considers the statute was largely ignored for its first twenty-five years of existence. This statute, meant to reign in corruption by United States companies doing business abroad; has generated billions of dollars in revenue for the United States government; prompted the development of law firm practice groups and law school courses; become the subject of numerous scholarly articles; and has, arguably, made anti-bribery efforts the highest of priorities for multinational corporations engaged in robust compliance efforts. Corporations, scholars, and the public would …


Law Schools Harm Genizaros And Other Indigenous People By Misunderstanding Aba Policy, Bill Piatt, Moises Gonzales, Katja Wolf Jan 2019

Law Schools Harm Genizaros And Other Indigenous People By Misunderstanding Aba Policy, Bill Piatt, Moises Gonzales, Katja Wolf

Faculty Articles

Law schools justifiably seek to enroll a diverse student body in order to enrich the academic experience and environment, and to provide attorneys who will serve all segments of our society. American law schools enjoy the constitutional right to maintain such diversity. Indeed, accreditation standards promulgated by the American Bar Association ("ABA") require it. The Association of American Law Schools carries a similar mandate.

In seeking to create a diverse student body, law schools offer applicants the opportunity to identify their backgrounds. There generally is no "diversity police" checking on the accuracy of the self-identification as a member of a …


Hey, Big Spender: Ethical Guidelines For Dispute Resolution Professionals When Parties Are Backed By Third-Party Funders, Elayne E. Greenberg Jan 2019

Hey, Big Spender: Ethical Guidelines For Dispute Resolution Professionals When Parties Are Backed By Third-Party Funders, Elayne E. Greenberg

Faculty Publications

This first-of-its-kind paper introduces ethical guidelines and suggested practices for dispute resolution providers and neutrals when third-party funders provide financial backing for parties in U.S. domestic arbitrations and mediations. Sophisticated third-party funders have realized that litigation and dispute resolution are fast-growing, unregulated investment opportunities. Seizing these opportunities, third-party funders are now making billions of dollars in profits through their strategic investments in domestic and global litigation and dispute resolution with few ethical rules or regulations to curtail their investment behavior.3 Preferring to be secretive about the terms of their funding contracts and invisible in their work, third- party funders are …


International Developments And Their Impact On U.S. Lawyer Regulation, Laurel S. Terry Dec 2018

International Developments And Their Impact On U.S. Lawyer Regulation, Laurel S. Terry

Laurel S. Terry

This 8-page document was the CLE Handout for my Akron Law School Miller Becker Center for Professional Responsibility Lecture entitled "International Developments, International Developments, and their Impact on U.S. Legal Ethics and Lawyer Regulation."  It uses the "who-what-when-where-why-and-how" framework that Steve Mark, Tahlia Gordon and I used in our 2012 article entitled Trends and Challenges in Lawyer Regulation: The Impact of Globalization and Technology (and that I later used in ICLR, NOBC, and AALS handouts).  This updated version cites developments through March 2019.  Each of the “who-what-when-where-why-and-how” to regulate categories contains a section describing global developments, followed by one or …


Anti-Money Laundering (Aml) Legal Profession Related Resources (Updated March 2019), Laurel S. Terry Dec 2018

Anti-Money Laundering (Aml) Legal Profession Related Resources (Updated March 2019), Laurel S. Terry

Laurel S. Terry

This document is a bibliography of resources related to anti-money laundering (AML) initiatives related to lawyers and the legal profession.  This document is an updated version of the document that originally was prepared for the panel on Lawyers and Anti-Money Laundering and Terrorist Finance Initiatives at the Nov. 2018, APRL/LSEW Conference entitled Crisscrossing the Pond: Transatlantic Issues in Legal Ethics and Law Firm Regulation.

This Resources document contains links to U.S., U.K, EU, Canadian, and Australian legal profession-AML resources, as well as links to FATF webpages and documents that include the FATF Mutual Evaluations page, the 2008 and 2019 …


Resources And Urls Related To Aba Model Rule Of Professional Conduct 5.4 (Originally Prepared For The May 2019 Aba Cpr Conference In Vancouver), Laurel S. Terry Dec 2018

Resources And Urls Related To Aba Model Rule Of Professional Conduct 5.4 (Originally Prepared For The May 2019 Aba Cpr Conference In Vancouver), Laurel S. Terry

Laurel S. Terry

This document is the updated version of the Rule 5.4 Resources list prepared for the May 31, 2019 panel entitled "Considering Rule 5.4" at the 45th ABA National Conference on Professional Responsibility held in Vancouver, Canada.

It contains URLs to various documents related to ABA Model Rule of Professional Conduct 5.4. The items in this "Resources" document are organized under the following subheadings:
  • Rule 5.4
  • Rule 5.4 State variations chart
  • Rationale for Rule 5.4
  • State Versions of Rule 5.4 that Differ From/Supplement ABA Model Rule 5.4:
  • Jurisdictions that Currently Are Considering Rule 5.4 Issues (Arizona, California, Utah)
  • U.S. Groups That …


Examples Of Regulatory Objectives For The Legal Profession (Updated March 2, 2019), Laurel S. Terry Dec 2018

Examples Of Regulatory Objectives For The Legal Profession (Updated March 2, 2019), Laurel S. Terry

Laurel S. Terry

This short document contains several examples of regulatory objectives:

1) the regulatory objectives adopted by the Supreme Courts of Colorado, Illinois, and Washington;

2) the regulatory objectives adopted by the Nova Scotia Barristers' Society in 2014 and updated in 2016;

3) the regulatory objectives that Laurel Terry, Steve Mark, and Tahlia Gordon recommended in this lengthy 2012 article with many examples, which were summarized in this 9-page Terry article and these slides

4) the regulatory objectives the ABA adopted in February 2016; and

5) the regulatory objectives found in Section 1 of the UK's Legal Services Act 2007.

This document …


Iclr 2019 Conference Handout: Resources Related To "Outside The Law Office: Where Do The Boundaries Of Regulation Lie?", Laurel S. Terry Dec 2018

Iclr 2019 Conference Handout: Resources Related To "Outside The Law Office: Where Do The Boundaries Of Regulation Lie?", Laurel S. Terry

Laurel S. Terry

This handout was prepared for the ICLR 2019 Conference held in Edinburgh, Scotland: https://www.lawscot.org.uk/members/cpd-training/iclr-2019/programme/.  The session was entitled "Outside the Law Office: Where Do the Boundaries of Regulation Lie?.”  This handout is divided into four sections:

1) the "remit of regulation” in the United States;
2) international and U.S. resources related to the topic of lawyers’ separate business interests;
3) international and U.S. resources related to the topic of lawyers’ use of social media; and
4) lawyers in the gig economy.

In addition to the resources listed in this handout, Laurel Terry’s conference presentation referred to the ABA …