Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 16 of 16

Full-Text Articles in Law

Advocacy In The Media: The Blagojevich Defense And A Reformulation Of Rule 3.6, Leigh A. Krahenbuhl Oct 2011

Advocacy In The Media: The Blagojevich Defense And A Reformulation Of Rule 3.6, Leigh A. Krahenbuhl

Duke Law Journal

The current ethical rule governing lawyers' interactions with the media applies equally to defense attorneys and prosecutors despite their different roles and responsibilities in the justice system. With a focus on the Blagojevich trial as an example of modern lawyers' interactions with the press, this Note argues for a separate rule governing defense lawyers' extrajudicial speech. Such a rule would recognize an interest in protecting the legitimacy of the justice system and would provide clear standards to guide defense lawyers' advocacy outside of the courtroom. This Note provides an overview of the development of the trial-publicity rules, a glimpse of …


Advice And Complicity, Matthew A. Smith Nov 2010

Advice And Complicity, Matthew A. Smith

Duke Law Journal

No abstract provided.


Milberg’S Monopoly: Restoring Honesty And Competition To The Plaintiffs’ Bar, James P. Mcdonald Dec 2008

Milberg’S Monopoly: Restoring Honesty And Competition To The Plaintiffs’ Bar, James P. Mcdonald

Duke Law Journal

When the renowned plaintiffs' firm Milberg Weiss was indicted in 2006 for paying kickbacks to clients, most commentators saw the scandal as the product of five dishonest lawyers. This Note argues that the causes were more complex than the moral shortcomings of a few attorneys; rather, the kickbacks were but one symptom of a deeply flawed system for selecting lead counsel in securities class action lawsuits. Although the Private Securities Litigation Reform Act of 1995 attempted to curb abusive behavior by the plaintiffs' bar, its focus on reforming plaintiff behavior meant that attorneys were left relatively free to continue using …


The Legal Ethics Of Pediatric Research, Doriane Lambelet Coleman Dec 2007

The Legal Ethics Of Pediatric Research, Doriane Lambelet Coleman

Duke Law Journal

Since the mid- to late 1990s, the scientific and medical research community has sought to increase its access to healthy children for research protocols that involve harm or a risk of harm. This move reverses longstanding policy within that community generally to exclude healthy children from such protocols on the grounds that the research as to them is non-therapeutic, that they are particularly vulnerable to research-related abuses, and that they are unable themselves to give informed consent to their participation. The research community's new posture has been supported by prominent pediatric bioethicists who have argued that unless healthy children are …


Reining In The Minister Of Justice: Prosecutorial Oversight And The Superseder Power, Abby L. Dennis Oct 2007

Reining In The Minister Of Justice: Prosecutorial Oversight And The Superseder Power, Abby L. Dennis

Duke Law Journal

Virtually immune from judicial sanction, professional discipline, and civil liability, prosecutors enjoy limitless, unmonitored, and, for the most part, unreviewable power. This power and insulation from review invite abuse and public mistrust, shaking confidence in the criminal justice system. With the system in need of a means of curbing errant prosecutors and restoring public confidence, this Note explores a neglected mechanism of prosecutorial oversight-the superseder power-and argues for increased use of this oversight mechanism, coupled with explicit guidelines for its use and a public review process.


The Qualified Legal Compliance Committee: Using The Attorney Conduct Rules To Restructure The Board Of Directors, Jill E. Fisch, Caroline M. Gentile Nov 2003

The Qualified Legal Compliance Committee: Using The Attorney Conduct Rules To Restructure The Board Of Directors, Jill E. Fisch, Caroline M. Gentile

Duke Law Journal

The Securities and Exchange Commission introduced a new corporate governance structure, the qualified legal compliance committee, as part of the professional standards of conduct for attorneys mandated by the Sarbanes-Oxley Act of 2002. QLCCs are consistent with the Commission's general approach to improving corporate governance through specialized committees of independent directors. This Article suggests, however, that assessing the benefits and costs of creating QLCCs may be more complex than is initially apparent. Importantly, QLCCs are unlikely to be effective in the absence of incentives for active director monitoring. This Article concludes by considering three ways of increasing these incentives.


Rational Expectations Of Leniency: Implicit Plea Agreements And The Prosecutor’S Role As A Minister Of Justice, Eli Paul Mazur Feb 2002

Rational Expectations Of Leniency: Implicit Plea Agreements And The Prosecutor’S Role As A Minister Of Justice, Eli Paul Mazur

Duke Law Journal

No abstract provided.


Informal Aggregation: Procedural And Ethical Implications Of Coordination Among Counsel In Related Lawsuits, Howard M. Erichson Nov 2000

Informal Aggregation: Procedural And Ethical Implications Of Coordination Among Counsel In Related Lawsuits, Howard M. Erichson

Duke Law Journal

Even when related claims are not aggregated by any formal procedural mechanism, the lawyers involved in the separate lawsuits often coordinate their efforts. Such "informal aggregation" raises important questions about the boundaries of a dispute and the boundaries of the lawyer-client relationship. As an ethical matter, the central question is whether a lawyer owes ethical duties to a coordinating lawyer's client. Looking at confidentiality, loyalty, conflicts of interest, and malpractice, Professor Erichson suggests that ethical safeguards for clients of coordinating lawyers are neither strong enough nor explicit enough to provide adequate protection, and the problem inheres in the nature of …


The Defense Of Necessity Considered From The Legal And Moral Points Of View, George C. Christie Mar 1999

The Defense Of Necessity Considered From The Legal And Moral Points Of View, George C. Christie

Duke Law Journal

Questions concerning the scope of the defense of necessity frequently arise in a variety of legal and philosophical discussions. Professor Christie grapples with the questions raised by this defense: When can property be taken or destroyed to save human life? Must compensation always be paid? Can one destroy the property of others to save one's own property? Can one kill an innocent person to save the lives of a greater number of people? Professor Christie submits that much of the discussion of these difficult questions is too abstract and based on too cursory a review of the few legal authorities …


Who Is Right About Responsibility: An Application Of Rights Talk To Balla V. Gambro, Inc. And General Dynamics Corp. V. Rose, Justine Thompson Mar 1995

Who Is Right About Responsibility: An Application Of Rights Talk To Balla V. Gambro, Inc. And General Dynamics Corp. V. Rose, Justine Thompson

Duke Law Journal

No abstract provided.


Background Paper, Thomas D. Rowe Jr. Sep 1989

Background Paper, Thomas D. Rowe Jr.

Duke Law Journal

No abstract provided.


Foreword: Study On Paths To A Better Way, Warren E. Burger Sep 1989

Foreword: Study On Paths To A Better Way, Warren E. Burger

Duke Law Journal

No abstract provided.


Steering Committee Report Sep 1989

Steering Committee Report

Duke Law Journal

No abstract provided.


The Lawyer As Informer, Gerard E. Lynch Jun 1986

The Lawyer As Informer, Gerard E. Lynch

Duke Law Journal

No abstract provided.


The Attorney’S Duty To Reveal A Client’S Intended Future Criminal Conduct, Timothy J. Miller Jun 1984

The Attorney’S Duty To Reveal A Client’S Intended Future Criminal Conduct, Timothy J. Miller

Duke Law Journal

No abstract provided.


Appropriate Limits On Participation By A Former Agency Official In Matters Before An Agency, Thomas D. Morgan Feb 1980

Appropriate Limits On Participation By A Former Agency Official In Matters Before An Agency, Thomas D. Morgan

Duke Law Journal

No abstract provided.