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Legal Ethics and Professional Responsibility

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Full-Text Articles in Law

Of Monsters & Lawyers, Milan Markovic Nov 2015

Of Monsters & Lawyers, Milan Markovic

Milan Markovic

No abstract provided.


Law And Social Change: Bioethics: 2001, Richard Haigh Oct 2015

Law And Social Change: Bioethics: 2001, Richard Haigh

Richard Haigh

Course number 2750C


Ethical Issues In Business And The Lawyer's Role, Robert Rhee, Carol Morgan, Tamar Frankel, Mark Fagan Sep 2015

Ethical Issues In Business And The Lawyer's Role, Robert Rhee, Carol Morgan, Tamar Frankel, Mark Fagan

Robert Rhee

The remarks by Professor Rhee "The Stand Alone Course Approach to Teaching Business Ethics," Professor Morgan "Teaching Business Ethics in Transactional Skills Courses: An Integrated Approach," and Professors Tamar Frankel and Mark Fagan "Teaching Business Ethics: A Collaborative Approach" were made at the conference on "Transactional Education: What's Next?" held at Emory University School of Law, June 4, 2010.


The Criminal Defense Lawyer's Fiduciary Duty To Clients With Mental Disability, Christopher Slobogin, Amy Mashburn Aug 2015

The Criminal Defense Lawyer's Fiduciary Duty To Clients With Mental Disability, Christopher Slobogin, Amy Mashburn

Amy R. Mashburn

This Article argues that the defense attorney has a multifaceted fiduciary duty toward the client with mental disability. That duty requires, first and foremost, respect for the autonomy of the client. The lawyer shows that respect not only by heeding the wishes of the competent client but by refusing to heed the wishes of the incompetent client. A coherent approach to the competency construct is therefore important. Following the lead of Professor Bonnie, this Article has broken competency into two components: assistance competency and decisional competency. It has defined the former concept in traditional terms, as an understanding of the …


All Americans Not Equal: Mistrust And Discrimination Against Naturalized Citizens In The U.S., Alev Dudek Aug 2015

All Americans Not Equal: Mistrust And Discrimination Against Naturalized Citizens In The U.S., Alev Dudek

Alev Dudek

Approximately 13 percent of the U.S. population — nearly 40 million — is foreign-born, of which about 6 percent are naturalized U.S. citizens. Given the positive image associated with immigrants — the “nation of immigrants” or “the melting pot” — one would assume that all Americans in the U.S.A., natural born or naturalized, have equal worth as citizens. This, however, is not necessarily the case. Despite U.S. citizenship, naturalized Americans are seen less than equal to natural born Americans. They are often confused with “foreign nationals.” Moreover, their cultural belonging, allegiance, English-language skills, as well as other qualifications, are questioned.


Debates Recientes Sobre La Reglamentación De La Conducta Profesional, Alberto Bernabe Jul 2015

Debates Recientes Sobre La Reglamentación De La Conducta Profesional, Alberto Bernabe

Alberto Bernabe

This article provides a review of the most current debates on the subject of professional responsibility


Materials On The Development Of Legal Ethics In The United States, Thomas Shaffer Jun 2015

Materials On The Development Of Legal Ethics In The United States, Thomas Shaffer

Thomas L. Shaffer

No abstract provided.


American Lawyers And Their Communities: Ethics In The Legal Profession, Thomas Shaffer, Mary Shaffer. Jun 2015

American Lawyers And Their Communities: Ethics In The Legal Profession, Thomas Shaffer, Mary Shaffer.

Thomas L. Shaffer

No abstract provided.


Lawyers In The United States Of America, Thomas Shaffer Jun 2015

Lawyers In The United States Of America, Thomas Shaffer

Thomas L. Shaffer

No abstract provided.


Text, Readings And Discussion Topics In American Legal Ethics, Thomas Shaffer Jun 2015

Text, Readings And Discussion Topics In American Legal Ethics, Thomas Shaffer

Thomas L. Shaffer

No abstract provided.


American Legal Ethics: Text, Readings And Discussion Topics, Thomas Shaffer Jun 2015

American Legal Ethics: Text, Readings And Discussion Topics, Thomas Shaffer

Thomas L. Shaffer

No abstract provided.


Lawyers, Clients, And Moral Responsibility, Thomas Shaffer, Robert Cochran Jun 2015

Lawyers, Clients, And Moral Responsibility, Thomas Shaffer, Robert Cochran

Thomas L. Shaffer

No abstract provided.


On Being A Christian And A Lawyer: Law For The Innocent, Thomas Shaffer Jun 2015

On Being A Christian And A Lawyer: Law For The Innocent, Thomas Shaffer

Thomas L. Shaffer

No abstract provided.


Faith And The Professions, Thomas Shaffer Jun 2015

Faith And The Professions, Thomas Shaffer

Thomas L. Shaffer

No abstract provided.


Introducción A Una Discusión Sobre El Futuro De La Reglamentación De La Profesión En Puerto Rico, Alberto Bernabe May 2015

Introducción A Una Discusión Sobre El Futuro De La Reglamentación De La Profesión En Puerto Rico, Alberto Bernabe

Alberto Bernabe

A discussion of the future of the regulation of the legal profession in Puerto Rico


The Professional Responsibility Of Teachers Of Professional Responsibility, Thomas Shaffer Apr 2015

The Professional Responsibility Of Teachers Of Professional Responsibility, Thomas Shaffer

Thomas L. Shaffer

No abstract provided.


Health Law Reader: An Interdisciplinary Approach, John Robinson, Roberta Berry, Kevin Mcdonnell Apr 2015

Health Law Reader: An Interdisciplinary Approach, John Robinson, Roberta Berry, Kevin Mcdonnell

John H. Robinson

No abstract provided.


Sanctions Imposable For Violations Of The Federal Rules Of Civil Procedure, Kenneth Ripple, Robert Rodes, Carol Mooney, Robert Rodes Apr 2015

Sanctions Imposable For Violations Of The Federal Rules Of Civil Procedure, Kenneth Ripple, Robert Rodes, Carol Mooney, Robert Rodes

Robert Rodes

This 1981 Federal Judicial Center paper surveys the current state of the law with respect to sanctions for violations of the Federal Rules of Civil Procedure as reported in both the case law and the secondary literature. The focus is on litigation behavior that results in the imposition of sanctions and the factors considered important by federal courts in determining which sanctions to apply.


Classic Problems Of Jurisprudence, Robert Rodes Apr 2015

Classic Problems Of Jurisprudence, Robert Rodes

Robert Rodes

No abstract provided.


Apuntes Sobre Aponte Y La Necesidad De Actualizar El Código De Ética Profesional, Alberto Bernabe Feb 2015

Apuntes Sobre Aponte Y La Necesidad De Actualizar El Código De Ética Profesional, Alberto Bernabe

Alberto Bernabe

This article addresses the need for the Supreme Court of Puerto Rico to adopt a new Code of Ethics for the island's attorneys


On The Rise Of Shareholder Primacy, Signs Of Its Fall, And The Return Of Managerialism (In The Closet), Lynn Stout Feb 2015

On The Rise Of Shareholder Primacy, Signs Of Its Fall, And The Return Of Managerialism (In The Closet), Lynn Stout

Lynn A. Stout

In their 1932 opus "The Modern Corporation and Public Property," Adolf Berle and Gardiner Means famously documented the evolution of a new economic entity—the public corporation. What made the public corporation “public,” of course, was that it had thousands or even hundreds of thousands of shareholders, none of whom owned more than a small fraction of outstanding shares. As a result, the public firm’s shareholders had little individual incentive to pay close attention to what was going on inside the firm, or even to vote. Dispersed shareholders were rationally apathetic. If they voted at all, they usually voted to approve …


The Perilous Psychology Of Public Defending, Scott Howe Dec 2014

The Perilous Psychology Of Public Defending, Scott Howe

Scott W. Howe

This article examining the ethical challenges confronting most public defender attorneys is framed as a fictional talk presented by P.D. Atty, a former public defender attorney, at a small conference of new public defender attorneys. The presentation asserts that public defenders typically face psychological obstacles to providing zealous advocacy for all of their clients and that an essential aspect of the remedy starts with recognition of these psychological barriers. The author contends that these challenges relate to a typically unacknowledged aversion to representing certain kinds of criminal defendants. Contrary to common supposition, the strongest aversion is not to representation of …


Measuring The Value Of Collegiality Among Law Professors, Michael Seigel, Kathi Miner-Rubino Dec 2014

Measuring The Value Of Collegiality Among Law Professors, Michael Seigel, Kathi Miner-Rubino

Michael L Seigel

This article is the last in a trilogy addressing the issue of collegiality among law In the first piece, titled On Collegiality, author Seigel defined professors' "collegiality" and suggested that most law schools have at least one, if not two or three, "affirmatively uncollegial" members of their faculty. Seigel posited that these individuals tend to interfere with the ideal functioning of their institutions by negatively affecting the well-being of their peers. Some readers of On Collegiality questioned the legitimacy of Seigel's cost-benefit analysis. Specifically, they commented that some of the factors Seigel used in his analysis could be empirically measured. …


Phases And Faces Of The Duke Lacrosse Controversy: A Conversation, James Coleman, Angela Davis, Michael Gerhardt, K. Johnson, Lyrissa Lidsky, Howard Wasserman Dec 2014

Phases And Faces Of The Duke Lacrosse Controversy: A Conversation, James Coleman, Angela Davis, Michael Gerhardt, K. Johnson, Lyrissa Lidsky, Howard Wasserman

Lyrissa Barnett Lidsky

This panel took place at the 2008 Annual Meeting of the Southeastern Association of Law Schools (SEALS) in July 2008 in West Palm Beach, Florida. The transcript has been edited for grammar, punctuation and writing style, as well as for limited content changes.


Prosecutorial Misconduct And The "P" Word, Andrea Lyon Sep 2014

Prosecutorial Misconduct And The "P" Word, Andrea Lyon

Andrea D. Lyon

No abstract provided.


The Boiler Room, Andrea Lyon Aug 2014

The Boiler Room, Andrea Lyon

Andrea D. Lyon

No abstract provided.


Lawyers Beware: You Are What You Post! The Case For Integrating Cultural Competence, Legal Ethics And Social Media, Jan Jacobowitz Dec 2013

Lawyers Beware: You Are What You Post! The Case For Integrating Cultural Competence, Legal Ethics And Social Media, Jan Jacobowitz

Jan L Jacobowitz

First learn the meaning of what you say, and then speak. --Epictetus

Words used carelessly, as if they… do… not matter in any serious way, often allow… otherwise well-guarded truths to seep through. --Douglas Adams

Happy Mother’s Day to all the crack hoes out there. It's never too late to tie your tubes, clean up your life and make difference to someone out there that deserves a better mother. --Assistant State Attorney in Orange County, Florida

No thought left unspoken…social media networking -- ubiquitous in our society -- provides the opportunity for individuals to share their moment-to-moment thoughts and actions. …


Cultivating Professional Identity & Creating Community: A Tale Of Two Innovations, Jan Jacobowitz Dec 2013

Cultivating Professional Identity & Creating Community: A Tale Of Two Innovations, Jan Jacobowitz

Jan L Jacobowitz

"Life isn't about finding yourself. Life is about creating yourself." - George Bernard Shaw.

"When students realize that everyone has a philosophy of how to conduct their lives - even those…[who] are unconscious of the philosophy have one, just not a sound one - they can understand the importance of engaging in the process of developing a philosophy that will guide them in life and in their jobs as lawyers." - Benjamin V. Madison III.

Students enter law school to become lawyers, but what does that really mean? What are a student’s values, hopes and dreams upon entering law school? …


Mindful Ethics—A Pedagogical And Practical Approach To Teaching Legal Ethics, Developing Professional Identity, And Encouraging Civility, Jan Jacobowitz, Scott Rogers Dec 2013

Mindful Ethics—A Pedagogical And Practical Approach To Teaching Legal Ethics, Developing Professional Identity, And Encouraging Civility, Jan Jacobowitz, Scott Rogers

Jan L Jacobowitz

Aristotle spoke of virtue and ethics as a combination of practical wisdom and habituation—an individual must learn from the application of critical reasoning skills to experience. Perhaps one of the earliest proclamations of the value of experiential learning, the Aristotelian view, reappears throughout history and is captured once again by the Carnegie Foundation’s Report on Legal Education, which includes a call for instruction that provides practical skills and ethical grounding to complement the teaching of legal analysis. The Carnegie Report continues to play a role in the ongoing discussion of the need to reform legal education; a debate that is …


Law & Science: Toward A Unified Field, Deborah Hussey Freeland Dec 2013

Law & Science: Toward A Unified Field, Deborah Hussey Freeland

Deborah M. Hussey Freeland

To be relevant to the real world and to have a reasonable chance of producing fair outcomes, legal and political decisionmaking must take science into account. Scholars have been aware of this for over fifty years. The need for law to be informed by rigorous science is compelling, as we must make collective decisions that impact our sustainability and our humanity on a global scale. However, the field of Law & Science remains as fragmented now as it was a half-century ago. We have yet to find a reliable way to establish coherent interdisciplinary interaction that enables science to inform …