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Full-Text Articles in Law

Do Criminal Background Checks In Hiring Punish?, Michael A. C. Lee Jan 2017

Do Criminal Background Checks In Hiring Punish?, Michael A. C. Lee

Washington University Jurisprudence Review

Criminal background checks in the hiring process make it more difficult for former offenders to obtain employment at their market skill level. As a result, many former offenders end up underemployed or unemployed altogether. This obstacle to finding gainful employment is a harm, and this harm directly follows from a former offender’s criminal conviction. The harm can therefore be thought of as part of the punishment imposed on criminal offenders. However, unlike the formal punishment that a criminal offender receives through his sentence, the harm that follows the offender as he seeks employment after he has completed his formal ...


Practice Makes Perfect: New Practitioners’ Perspectives On Trends In Legal Education, Claire Botnick, Cort Vanostran Jan 2017

Practice Makes Perfect: New Practitioners’ Perspectives On Trends In Legal Education, Claire Botnick, Cort Vanostran

Washington University Journal of Law & Policy

This Essay, by attorneys Claire Botnick and Cort VanOstran, both recent graduates of Washington University School of Law, offers a perspective on the efficacy and shortcomings of recent modal changes in legal training. Botnick and VanOstran have a point of view situated between a student’s immediate exposure but limited perspective, and the established practitioner’s measured but distant analysis. Botnick and VanOstran emphasize the importance of academic programs that prioritize a student’s interaction with the law through curricular offerings, clinical experiences, and oral advocacy training.


Prosecutorial Analytics, Jason Kreag Jan 2017

Prosecutorial Analytics, Jason Kreag

Washington University Law Review

The institution of the prosecutor has more power than any other in the criminal justice system. What is more, prosecutorial power is often unreviewable as a result of limited constitutional regulation and the fact that it is increasingly exercised in private and semi-private settings as the system has become more administrative and less adversarial. Despite this vast, unreviewable power, prosecutors often rely on crude performance measures focused on conviction rates. The focus on conviction rates fails to capture and adequately evaluate the breadth of prosecutorial decision- making. We can do better by fully implementing analytics as a tool to evaluate ...


Lawyers Serving As Judges, Prosecutors, And Defense Lawyers At The Same Time: Legal Ethics And Municipal Courts, Peter A. Joy Jan 2016

Lawyers Serving As Judges, Prosecutors, And Defense Lawyers At The Same Time: Legal Ethics And Municipal Courts, Peter A. Joy

Washington University Journal of Law & Policy

This Article analyzes the intersection between judges, prosecutors, and defense attorneys in St. Louis County and the State of Missouri. Joy explores ethical issues that arise when attorneys practice concurrently in these areas and outlines potential solutions for violations. Joy argues that municipal judges should be prohibited from serving as prosecutors and defense attorneys and for restrictions preventing lawyers from serving as both a prosecutor and defense attorney in the same county.


A Call To Cultivate The Public Interest: Beyond Pro Bono, Ann Juergens, Diane Galatowitsch Jan 2016

A Call To Cultivate The Public Interest: Beyond Pro Bono, Ann Juergens, Diane Galatowitsch

Washington University Journal of Law & Policy

This Article scrutinizes the transformation of the legal profession from lawyers as public citizens to lawyers who serve mostly private interests. Juergens and Galatowitsch trace the development of current pro bono practices and how these practices have become equated with public service. Juergens and Galatowitsch argue that current pro bono practices have narrowed the definition of “public interest law work” and conclude that an expansion of the term’s definition is necessary to promote its practice in the current legal environment.


Recalibrating The Scales Of Municipal Court Justice In Missouri: A Dissenter’S View, Kimberly Jade Norwood Jan 2016

Recalibrating The Scales Of Municipal Court Justice In Missouri: A Dissenter’S View, Kimberly Jade Norwood

Washington University Journal of Law & Policy

This Article examines the inefficiencies of Missouri municipal courts that came into sharp focus following the killing of Michael Brown by Officer Darren Wilson in Ferguson, Missouri. Norwood details and expands on her lone dissent in the Final Report of the Municipal Division Work Group—a group created by the Missouri Supreme Court to address the alleged abuses of black and poor residents in Missouri. Norwood argues for consolidating failing municipal courts to create larger, more functional, and just courts.


Bringing Guns To A Gun Fight: Why The Adversarial System Is Best Served By A Policy Compelling Attorneys To Ethically Mine For Metadata, Justin Fong Nov 2014

Bringing Guns To A Gun Fight: Why The Adversarial System Is Best Served By A Policy Compelling Attorneys To Ethically Mine For Metadata, Justin Fong

Washington University Jurisprudence Review

No abstract provided.


21st Century Arms Control Challenges: Drones, Cyber Weapons, Killer Robots, And Wmds, Mary Ellen O'Connell Jan 2014

21st Century Arms Control Challenges: Drones, Cyber Weapons, Killer Robots, And Wmds, Mary Ellen O'Connell

Washington University Global Studies Law Review

No abstract provided.


Independence Sans Accountability: A Case For Right To Information Against The Indian Judiciary, Supriya Routh Jan 2014

Independence Sans Accountability: A Case For Right To Information Against The Indian Judiciary, Supriya Routh

Washington University Global Studies Law Review

The Indian Supreme Court may be standing at a historic juncture where it could throw open the doors to the public to question its accountability by disclosing information pertaining to the assets and interests of the judges of the higher judiciary. The Supreme Court, however, seems reluctant to bring the higher judiciary under the purview of the Right to Information Act. A tussle has already emerged between the Delhi High Court and the Supreme Court, with the former seeking to bring the higher judiciary under the information law and justifying the need for disclosure of assets of the judges of ...


Ethical Challenges For Mediators Around The Globe: An Australian Perspective, Mary Anne Noone, Lola Akin Ojelabi Jan 2014

Ethical Challenges For Mediators Around The Globe: An Australian Perspective, Mary Anne Noone, Lola Akin Ojelabi

Washington University Journal of Law & Policy

Like much of the western world, in Australia, Alternative Dispute Resolution (ADR) is an integral aspect of the modern legal system, and mediation is used extensively to resolve civil disputes in courts and tribunals. Additionally, Australian governments have recognized mediation as an important tool in improving access to justice for ordinary citizens. However, what justice means in the mediation context is a contested concept. The widespread use of mediation and the increase in the number of practitioners from various disciplines means there is a diversity of views on issues of justice, which are outlined in this Article.

This Article explores ...


Public Interest, Professional Bargains: Ethical Conflicts Between Lawyers And Professional Engineers, Elizabeth J. Hubertz Jan 2009

Public Interest, Professional Bargains: Ethical Conflicts Between Lawyers And Professional Engineers, Elizabeth J. Hubertz

Washington University Journal of Law & Policy

This Article analyzes the ethical obligations of interdisciplinary practice among environmental lawyers and engineers.


Government Lawyers And Confidentiality Norms, Kathleen Clark Jan 2007

Government Lawyers And Confidentiality Norms, Kathleen Clark

Washington University Law Review

Part I of this Article outlines the lawyer’s confidentiality obligation, which is both strict and broad. One of the exceptions to that obligation, however, is that clients can consent to disclosure. Thus, Part II examines in some depth the identity of the government lawyer’s client, and concludes that no single definition of a client applies to all government lawyers. Instead, one must examine the structure of authority within the particular government context where the lawyer works. Only with such a contextualized and structural analysis can one properly identify the government lawyer’s client and the extent of the ...


Double Deontology And The Ccbe: Harmonizing The Double Trouble In Europe, Matthew T. Nagel Jan 2007

Double Deontology And The Ccbe: Harmonizing The Double Trouble In Europe, Matthew T. Nagel

Washington University Global Studies Law Review

No abstract provided.


The Evolving Domestic And International Law Against Foreign Corruption: Some New And Old Dilemmas Facing The International Lawyer, Juscelino F. Colares Jan 2006

The Evolving Domestic And International Law Against Foreign Corruption: Some New And Old Dilemmas Facing The International Lawyer, Juscelino F. Colares

Washington University Global Studies Law Review

For over two decades, the Foreign Corrupt Practices Act (“FCPA”) and, more recently, the Organization for Economic Cooperation and Development Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (“OECD Convention”) have delineated to U.S. lawyers and their clients which international transactions are proscribed and punished as corrupt. However, like any other statute, the FCPA and the OECD Convention are unable to cover all the permutations of activity that would seemingly constitute transnational corruption. This Article explores what is prohibited and permissible under the FCPA and the OECD Convention, highlighting the tension between operating outside the ...


Legal Ethics And Professional Responsibility In A Global Context, Julian Lonbay Jan 2005

Legal Ethics And Professional Responsibility In A Global Context, Julian Lonbay

Washington University Global Studies Law Review

Where did two world wars start in the twentieth century? The cure was to have an increasing number of structural links at the economic, political, and importantly for us, legal dimensions between European nations. The nation-State in Europe is giving way to a complex system of multi-level governance. These remarks point out the implications for lawyers and legal practice in Europe, in particular when it comes to deontological rules that govern professional legal life.

This paper provides a quick introduction on how the free movement of lawyers across European borders came about. Certainly, there have been ethical clashes and clashes ...


Legal Ethics And Professional Responsibility In A Global Context, Peter D. Ehrenhaft Jan 2005

Legal Ethics And Professional Responsibility In A Global Context, Peter D. Ehrenhaft

Washington University Global Studies Law Review

These remarks elaborate on "legal ethics", more properly understood as "professional rules of conduct." The paper examines three principles in particular: competence, faithfulness, and fair service charges. Finally, the essay describes the direction of the European Union as a model for the practice of law.


U.S. Legal Ethics: The Coming Of Age Of Global And Comparative Perspectives, Laurel S. Terry Jan 2005

U.S. Legal Ethics: The Coming Of Age Of Global And Comparative Perspectives, Laurel S. Terry

Washington University Global Studies Law Review

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 ...


The Ethical Perils Of Representing The Juvenile Defendant Who May Be Incompetent, Lynda E. Frost, Adrienne E. Volenik Jan 2004

The Ethical Perils Of Representing The Juvenile Defendant Who May Be Incompetent, Lynda E. Frost, Adrienne E. Volenik

Washington University Journal of Law & Policy

With the evolution of juvenile court to a more punitive criminalized model, the issue of adjudicative competence has taken on a newfound importance. Potentially impaired juveniles present attorneys with complicated situations that have three dueling interests: the client’s wishes, the best interests of the child, and the attorney’s obligations as an officer of the court. This Essay examines questions likely to arise with respect to these interests when an attorney suspects his or her juvenile client may be incompetent. Part I reviews the doctrine of adjudicative competence in the context of adult criminal proceedings. Part II summarizes the ...


The Difference In Criminal Defense And The Difference It Makes, Abbe Smith Jan 2003

The Difference In Criminal Defense And The Difference It Makes, Abbe Smith

Washington University Journal of Law & Policy

No matter how weighty the civil case, it is different from a criminal case. This Essay examines this difference between civil and criminal cases, and the difference it makes in legal ethics.


Effective Hourly Rates Of Contingency-Fee Lawyers: Competing Data And Non-Competitive Fees, Lester Brickman Jan 2003

Effective Hourly Rates Of Contingency-Fee Lawyers: Competing Data And Non-Competitive Fees, Lester Brickman

Washington University Law Review

Over the past forty years, the scope of liability assessed under the aegis of the tort system has greatly expanded. This expansion has not been a function of increasing rates of injury in society. Rather, it has been driven by the substantially increasing yield from contingent fees realized by plaintiff lawyers. Since 1960, the effective hourly rates of tort lawyers have increased 1000% to 1400% (in inflation-adjusted dollars) while the overall risk of nonrecovery has remained essentially constant—though it has decreased materially for such high-end tort categories as products liability and medical malpractice. Most cited as authoritative is a ...


Admissibility Of Fruits Of Breached Evidentiary Privileges: The Importance Of Adversarial Fairness, Party Culpability, And Fear Of Immunity, Robert P. Mosteller Jan 2003

Admissibility Of Fruits Of Breached Evidentiary Privileges: The Importance Of Adversarial Fairness, Party Culpability, And Fear Of Immunity, Robert P. Mosteller

Washington University Law Review

In civil cases, breaches of attorney-client confidentiality during litigation sometimes result, not only in exclusion of communication, but also in an order prohibiting use of the information obtained from the communication in any way. In criminal prosecutions, provisions of the Constitution under certain fact patterns give protection to attorney-client confidentiality, including the attorney-client privilege, which also prohibits derivative use of the confidential communications. This Article examines two general conclusions reached by the case law. The first is the general non-protection of derivative use of the disclosure of confidential information covered by evidentiary privileges. The second concerns special situations where protection ...


Attorney-Client Privilege And The Patent Prosecution Process In The Post-Spalding World, Jonathan G. Musch Jan 2003

Attorney-Client Privilege And The Patent Prosecution Process In The Post-Spalding World, Jonathan G. Musch

Washington University Law Review

No abstract provided.


Have License, Will Travel: An Analysis Of The New Aba Multijurisdictional Practice Rules, Cynthia L. Fountaine Jan 2003

Have License, Will Travel: An Analysis Of The New Aba Multijurisdictional Practice Rules, Cynthia L. Fountaine

Washington University Law Review

Multijurisdictional practice (“MJP”)—that is, law practice in a host state by an out-of-state lawyer who is licensed in a different home state—raises two primary issues: (1) is the out-of-state lawyer violating the host state’s unauthorized practice of law (“UPL”) regulations; and (2) if the lawyer is permitted to practice in the host state, what ethical rules must the lawyer follow while carrying out the work in the host state? These issues are even more complicated by issues of whether or not litigation is pending, and if so, whether it is pending in state or federal court. ABA ...


Tables For Beware Of Numbers (And Unsupported Claims Of Judicial Bias), Harry T. Edwards, Linda Elliott Jan 2002

Tables For Beware Of Numbers (And Unsupported Claims Of Judicial Bias), Harry T. Edwards, Linda Elliott

Washington University Law Review

No abstract provided.


The Paradoxical Corporate And Securities Law Implications Of Counsel Serving On The Client's Board, James D. Cox Jan 2002

The Paradoxical Corporate And Securities Law Implications Of Counsel Serving On The Client's Board, James D. Cox

Washington University Law Review

This Article assumes that dual service will continue to be a practice, but not because it is the socially optimal result. Rather, dual service will continue to exist because it is, and has been, sufficiently pervasive to provide cause to believe no jarring change, such as proscription by the American Bar Association (ABA) or state bar organization, is even likely to occur. This Article provides a new perspective on the topic by examining the junction of a lawyer serving on his client’s board and well-accepted corporate and securities principles. While this inquiry should strike many as natural, the conclusions ...


Beware Of Numbers (And Unsupported Claims Of Judicial Bias), Harry T. Edwards, Linda Elliott Jan 2002

Beware Of Numbers (And Unsupported Claims Of Judicial Bias), Harry T. Edwards, Linda Elliott

Washington University Law Review

In a recent set of articles, Professor Kevin Clermont and Professor Theodore Eisenberg advance the claim that federal appellate judges harbor an unprincipled bias against plaintiff/appellants. The line of reasoning that the authors follow to reach this conclusion is, in our view, quite extraordinary. They first point to data that they claim show that defendants are more likely than plaintiffs to secure reversals in appeals from judgments and verdicts in federal civil cases. They next assert that appellate judges perceive trial courts, especially juries, to be biased in favor of plaintiffs. And, finally, they speculate that, in an effort ...


The Lesson Of Enron For The Future Of Mdps: Out Of The Shadows And Into The Sunlight, Burnele V. Powell Jan 2002

The Lesson Of Enron For The Future Of Mdps: Out Of The Shadows And Into The Sunlight, Burnele V. Powell

Washington University Law Review

There are lessons to be learned from the Enron debacle, at least to the extent that one is seeking insights about the continuing debate over “when”—and not “whether”—multidisciplinary practice (MDP) rules will finally come to the legal profession. In short, I want to remind the profession about what it already knows about this scandal and, most scarily of all, what we do not yet know. Contrary to the kind of knee-jerk, head-in-the-sand response that usually accompanies pleas for reform, I predict that, despite what may be the legal profession’s initial reaction, the Enron scandal will eventually prove ...


Tables For Seven Dogged Myths Concerning Contingency Fees, Herbert M. Kritzer Jan 2002

Tables For Seven Dogged Myths Concerning Contingency Fees, Herbert M. Kritzer

Washington University Law Review

No abstract provided.


Seven Dogged Myths Concerning Contingency Fees, Herbert M. Kritzer Jan 2002

Seven Dogged Myths Concerning Contingency Fees, Herbert M. Kritzer

Washington University Law Review

One of the hallmarks of litigation in the United States us what we call the supposed litigiousness of the American populace, the contingency fee is a frequent target of so-capped tort reform who seek to reduce both the exposure to lawsuits and the amounts paid out in damages. Proponents of so-called reform have propounded a variety of criticisms of contingency fees, along the way creating a variety of myths about the nature and operation of contingency fees. Here, I demonstrate that the most frequently advanced myths are just that — myths.


Monopolist, Aristocrat, Or Entrepreneur?: A Comparative Perspective On The Future Of Multidisciplinary Partnerships In The United States, France, Germany, And The United Kingdom After The Disintegration Of Andersen Legal, Mary C. Daly Jan 2002

Monopolist, Aristocrat, Or Entrepreneur?: A Comparative Perspective On The Future Of Multidisciplinary Partnerships In The United States, France, Germany, And The United Kingdom After The Disintegration Of Andersen Legal, Mary C. Daly

Washington University Law Review

Part II provides a snapshot of the history of multidisciplinary partnerships in France, Germany, and the United Kingdom and the responses of the organized bars at the national and international level. Part III explores how the structure, culture, and ethics of the legal professions in Western Europe contributed to the rapid growth of MDPs. Part IV examines the economic threat that the Big Five’s legal networks posed to U.K. and Western European law firms prior to the criminal conviction of Andersen and the consequent disintegration of Andersen Legal, its law firm network. Part V offers some preliminary reflections ...