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The Codification Of Professionalism: Can You Sanction Lawyers Into Being Nice?, Debra Moss Curtis Aug 2015

The Codification Of Professionalism: Can You Sanction Lawyers Into Being Nice?, Debra Moss Curtis

Debra Moss Curtis

On October 31, 2013, the Florida Supreme Court in The Florida Bar v. Norkin made it clear that “it wants the trend of escalating incivility among lawyers to stop.” With that decision, in which a lawyer was suspended and publicly reprimanded for his behavior, the court urged “Members of the Florida Bar, law professors, and law students should study” this case “as a glaring example of unprofessional behavior.” This article heeds the courts’ directive to do so, but also places it in the context of the movement to enhance professionalism statewide.At the heart of the professionalism movement is a conflict—between …


Orphans In Turmoil: How A Legislative Solution Can Help Put The Orphan Works Dilemma To Rest, Vicenç Feliú Jan 2015

Orphans In Turmoil: How A Legislative Solution Can Help Put The Orphan Works Dilemma To Rest, Vicenç Feliú

Vicenç Feliú

The orphan works issue has continued to grow in the United States despite strong efforts to find a workable solution. Stakeholders on both sides of the issue have proposed and opposed both solutions and compromises that could have alleviated the problem and are still no closer to an agreement. This paper posits that the solutions offered in the proposed legislation of 2006 and 2008 provide a strong working foundation for a legislative answer to the issue. To create a workable solution to the orphan works issue, a new legislative effort would have to take into account the questions raised by …