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Articles 1 - 7 of 7
Full-Text Articles in Law
Who Is The Corporation's Lawyer, Ethan S. Burger
Who Is The Corporation's Lawyer, Ethan S. Burger
West Virginia Law Review
No abstract provided.
Reports Of Batson's Death Have Been Greatly Exaggerated: How The Batson Doctrine Enforces A Normative Framework Of Legal Ethics, Laura I. Appleman
Reports Of Batson's Death Have Been Greatly Exaggerated: How The Batson Doctrine Enforces A Normative Framework Of Legal Ethics, Laura I. Appleman
ExpressO
In this article, I aim to explain how the Batson procedure enforces a normative framework of legal ethics, a theory which I hope will be of use to both criminal law professors and scholars of legal ethics. Despite many recent prudential attacks against the Batson procedure and the peremptory challenge, I contend that Batson has a largely unarticulated ethical component, one that invokes a lawyer’s professional responsibility. Accordingly, using legal ethics as a lens through which to interpret Batson sheds new light on the doctrine. Batson’s ethical imperative affects the norms of the legal profession itself. By fostering a non-discrimination …
Lawyers In Cyberspace: The Impact Of Legal Listservs On The Professioal Development And Ethical Decisionmaking Of Lawyers, Leslie Levin
Lawyers In Cyberspace: The Impact Of Legal Listservs On The Professioal Development And Ethical Decisionmaking Of Lawyers, Leslie Levin
Leslie C. Levin
This article explores the impact of trial lawyers' associations on the professional identities of its members, their professional development, their understanding of practice norms, and their ethical decision making. It does so by looking at the New York State Trial Lawyers Association (NYSTLA), and more specifically, the conversations that occur on its listserv. When these conversations are viewed in the context of the history and current operations of NYSTLA, it is possible to see how such listservs powerfully promote shared professional values and views within NYSTLA=s membership. The listserv extends the advice networks of trial lawyers far beyond the small …
Lawyers' Bargaining Ethics, Contract, And Collaboration: The End Of The Legal Profession And The Beginning Of Professional Pluralism, Scott R. Peppet
Lawyers' Bargaining Ethics, Contract, And Collaboration: The End Of The Legal Profession And The Beginning Of Professional Pluralism, Scott R. Peppet
Publications
This Article combines contractarian economics and traditional ethical theory to argue for a radical revision of the legal profession's codes of ethics. That revision would end the legal profession as we know it-one profession, regulated by one set of ethical rules that apply to all lawyers regardless of circumstance. It would replace the existing uniform conception of the lawyer's role with a more heterogeneous profession in which lawyers and clients could contractually choose the ethical obligations under which they wanted to operate. This "contract model" of legal ethics, in which lawyers could opt in and out of various ethical constraints, …
Religious Lawyering's Second Wave, Russell G. Pearce, Amelia J. Uelmen
Religious Lawyering's Second Wave, Russell G. Pearce, Amelia J. Uelmen
Faculty Scholarship
Since the mid-1990s, the "religious lawyering movement" has expanded dramatically, receiving greater attention within the academy and the bar. As the movement enters what we term its "second wave" of development, this essay begins with a look back to its "first wave" of path-breaking scholarship and its gradual shift toward more institutionalized structures and programs. It argues that the predominant characteristic of first-wave religious lawyering scholarship was to claim a space within the professional conversation for lawyers to bring religious values to bear on their work. The essay then predicts that in the second wave religious lawyering conversations and scholarship …
Conclusion: 'If You Don't Pull Up . . .'., James J. White
Conclusion: 'If You Don't Pull Up . . .'., James J. White
Other Publications
Today I am going to talk about a lawyer duty that is just as important as the duty to exercise warm zeal on behalf of a client, but it is a duty that is unknown to the popular culture and rarely touched on in law school. That is the duty to say no to your client, to step in front of a client who is determined to do something stupid, or in violation of the civil or criminal law.
U.S. Legal Ethics: The Coming Of Age Of Global And Comparative Perspectives, Laurel S. Terry
U.S. Legal Ethics: The Coming Of Age Of Global And Comparative Perspectives, Laurel S. Terry
Laurel S. Terry
This Article reviews the influence of comparative law during the past 100 years on the field of U.S. legal ethics. It begins by defining the field of legal ethics and then divides the last 100 years into three distinct comparative legal ethics eras. The first era consists of the time period between 1904 and 1973, during which there was both domestic and comparative legal ethics scholarship, although a relatively small amount compared to later years. The second time period, which dates from 1974, when legal ethics became a required course, to 1997, represents the coming of age of domestic legal …