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Full-Text Articles in Law
Researching The Jury's Internet And Social Media Presence: The Ethical And Privacy Implications, Whitni Hart
Researching The Jury's Internet And Social Media Presence: The Ethical And Privacy Implications, Whitni Hart
Northern Illinois University Law Review
This Comment discusses the lack of guidelines regulating attorneys' online research of potential and sitting jurors. Instantaneous online access to the personal lives of jurors provides attorneys with the opportunity to exploit private information throughout the entire trial process, ranging from voir dire to closing arguments. Because this research most often occurs outside of the courtroom doors, courts have had little opportunity to address the issue. Very few courts and ethics committees have implemented policies related to the use of social media to investigate jurors, which leaves it up to the attorneys in most jurisdictions to decide what is or …
The "Impartial" Jury And Media Overload: Rethinking Attorney Speech Regulations In The 1990s, Katrina M. Kelly
The "Impartial" Jury And Media Overload: Rethinking Attorney Speech Regulations In The 1990s, Katrina M. Kelly
Northern Illinois University Law Review
As a growing number of attorneys seek and receive more media attention during trials, the days in which jurors judge a case's merits based solely on what they have heard in the courtroom are quickly fading. The author discusses the present state of Model Rules of Professional Conduct Rule 3.6, which regulates attorney speech, and examines the difficulties courts have faced in applying the provision. The solution to the attorney speech problem likely lies in a revised standard in which jurors are not required to completely leave their personal beliefs outside the jury room.
The Scope Of Attorney Advertising In Illinois, Robert J. Franco, Anne Scheitlin Johnson
The Scope Of Attorney Advertising In Illinois, Robert J. Franco, Anne Scheitlin Johnson
Northern Illinois University Law Review
Attorneys have long been allowed to advertise their services, with restrictions. With the extension of constitutional protection to commercial free speech, the professions were given access to marketing techniques which were formerly unknown. Once the toehold had been established, it was not long until commercial free speech was extended to attorney advertising.
Attorney Fee Shifting: The Sanctioning Power Of Section 1927 Of Title 28, United States Code, James A. Wright
Attorney Fee Shifting: The Sanctioning Power Of Section 1927 Of Title 28, United States Code, James A. Wright
Northern Illinois University Law Review
This Comment examines the shifting of attorneys' fees under the courts' inherent power, Federal Rule of Procedure 11, and 28 United States Code, Section 1927. The Comment concludes that the power to sanction is non-uniform and weak. The Comment advocates a statutory interpretation of Section 1927 that supplies courts with the power to sanction attorneys for subjective as well as objective misconduct. Under this interpretation, the courts are given the comprehensive power to shift attorneys' fees.
The Law Of Lawyering. By Geoffrey C. Hazard, Jr. And W. William Hodes, Maynard E. Pirsig
The Law Of Lawyering. By Geoffrey C. Hazard, Jr. And W. William Hodes, Maynard E. Pirsig
Northern Illinois University Law Review
A discussion of the recent treatise on the ABA Model Rules of Professional Conduct. Professor Pirsig, in his review, focuses on the authors' treatment of Rule 1.6 on confidential communications and Rule 1.13 on organization attorneys, comparing the authors' interpretations of those rules to various alternative interpretations.
"An Exuberance Of Prerogative" - The Application Of Ill. Rev. Stat. Ch. 110, Para. 2-611 And/Or The Contempt Sanction To Attorney Disciplinary Proceedings In Illinois, Susan W. Brenner, Jack S. Craven
"An Exuberance Of Prerogative" - The Application Of Ill. Rev. Stat. Ch. 110, Para. 2-611 And/Or The Contempt Sanction To Attorney Disciplinary Proceedings In Illinois, Susan W. Brenner, Jack S. Craven
Northern Illinois University Law Review
This Article explores the alternative applicability of Rule 2-611 or the contempt sanction to a reinstatement petition by a previously disciplined attorney. This Article concludes that because these proceedings are "original proceedings" before the Illinois Supreme Court, and because the Illinois Supreme Court has never promulgated any rules in this area, Rule 2-611 has no applicability here. The Article further concludes that precedent would not support the finding of a direct criminal contempt in this situation.
The Pelham Decision, Attorney Malpractice And Third-Party Nonclient Recovery: The Rise And Fall Of Privity, Patrick Edward Braun
The Pelham Decision, Attorney Malpractice And Third-Party Nonclient Recovery: The Rise And Fall Of Privity, Patrick Edward Braun
Northern Illinois University Law Review
Theories extending recovery to third-party nonclients for attorney negligence are analyzed with a particular emphasis on the impact of Pelham v. Griesheimer on Illinois law.