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Articles 1 - 30 of 60
Full-Text Articles in Law
Outsourcing Self-Regulation, Marsha Griggs
Outsourcing Self-Regulation, Marsha Griggs
Washington and Lee Law Review
Answerable only to the courts that have the sole authority to grant or withhold the right to practice law, lawyers operate under a system of self-regulation. The self-regulated legal profession staunchly resists external interference from the legislative and administrative branches of government. Yet, with the same fervor that the legal profession defies non-judicial oversight, it has subordinated itself to the controlling influence of a private interest. By outsourcing the mechanisms that dictate admission to the bar, the legal profession has all but surrendered control of the most crucial component of its gatekeeping function to an unregulated industry that profits at …
Blurred Lines: Analyzing An Attorney’S Duties To A Fiduciary-Client’S Beneficiaries, Daniel R. Nappier
Blurred Lines: Analyzing An Attorney’S Duties To A Fiduciary-Client’S Beneficiaries, Daniel R. Nappier
Washington and Lee Law Review
No abstract provided.
Further Perspectives On Corporate Wrongdoing, In Pari Delicto, And Auditor Malpractice, Deborah A. Demott
Further Perspectives On Corporate Wrongdoing, In Pari Delicto, And Auditor Malpractice, Deborah A. Demott
Washington and Lee Law Review
No abstract provided.
Corporate Wrongdoing And The In Pari Delicto Defense In Auditor Malpractice Cases: A New Approach, Christine M. Shepard
Corporate Wrongdoing And The In Pari Delicto Defense In Auditor Malpractice Cases: A New Approach, Christine M. Shepard
Washington and Lee Law Review
No abstract provided.
Agency And The Ontology Of The Corporation, Christopher M. Bruner
Agency And The Ontology Of The Corporation, Christopher M. Bruner
Washington and Lee Law Review
No abstract provided.
Attorney Advice And The First Amendment, Renee Newman Knake
Attorney Advice And The First Amendment, Renee Newman Knake
Washington and Lee Law Review
An attorney’s advice for navigating and, when necessary, challenging the law is essential to American democracy. Yet the constitutional protection afforded to this category of speech is not clear; indeed, some question whether it should be protected at all. While legal ethics scholars have addressed attorney speech in other circumstances, none has focused exclusively on the First Amendment protection for attorney advice, particularly in light of the Supreme Court’s recent attention to the matter. Nor have constitutional law scholars given this issue the attention it deserves, though they acknowledge that it presents an important and unresolved question within First Amendment …
Brady's Bunch Of Flaws, Daniel S. Medwed
Brady's Bunch Of Flaws, Daniel S. Medwed
Washington and Lee Law Review
The 1970s television program The Brady Bunch provided a lighthearted and optimistic portrayal of American family life. A divorced man with three brown-haired boys married a divorced woman with three blonde daughters. They melded together into a happy, well-adjusted crew committed to mad-cap adventures accompanied by syrupy background music. Yet the promise of The Brady Bunch was illusory. Divorce has wreaked havoc on this country. The problems that derive from divorce and remarriage are multifaceted; they seldom lend themselves to tidy resolution in thirty minutes, let alone a lifetime. The show provided a distractionand a disservice. It sent an inaccurate …
The Worldwide Accountability Deficit For Prosecutors, Ronald F. Wright, Marc L. Miller
The Worldwide Accountability Deficit For Prosecutors, Ronald F. Wright, Marc L. Miller
Washington and Lee Law Review
In democratic governments committed to the rule of Law, prosecutors should be accountable to the public, just like other powerful government agents who make important decisions. The theoretical need for prosecutor accountability, however, meets practical shortcomings in criminal justice systems everywhere. Individual prosecutors everywhere express allegiance to the rule of Law through the wise decisions made by each prosecutor and across offices as a whole. But the claim "trust us" does not in fact generate the level of public trust that one should expect in a government of Laws. Institutional strategies to guarantee prosecutor accountability all fall short of the …
The Company Of Scoundrels, Ronald J. Bacigal
The Company Of Scoundrels, Ronald J. Bacigal
Washington and Lee Law Review
My initial reaction to Brett Shockley's Note, Protecting Due Process from the PROTECT Act: The Problems with Increasing Periods of Supervised Release for Sexual Offenders, was to admire his courage. Not many people would undertake a discussion of possible injustice to child pornographers, who surely rank with terrorists and drug dealers as the most reviled and least sympathetic claimants for fair treatment. Shockley puts aside the moral condemnation these people deserve, and focuses on the morality of Procedure-the rule of Law if you will-divorced from the worthiness, or lack thereof, of particular defendants. As students of criminal Procedure come to …
Swilling Hemlock: The Legal Ethics Of Defending A Client Who Wishes To Volunteer For Execution, J. C. Oleson
Swilling Hemlock: The Legal Ethics Of Defending A Client Who Wishes To Volunteer For Execution, J. C. Oleson
Washington and Lee Law Review
No abstract provided.
Conflicts Of Interest Challenges Post Mickens V. Taylor: Redefining The Defendant's Burden In Concurrent, Successive, And Personal Interest Conflicts, Mark W. Shiner
Washington and Lee Law Review
No abstract provided.
"Up The Ladder" And Over: Regulating Securities Lawyers-Past, Present & Future, Theodore Sonde, F. Ryan Keith
"Up The Ladder" And Over: Regulating Securities Lawyers-Past, Present & Future, Theodore Sonde, F. Ryan Keith
Washington and Lee Law Review
No abstract provided.
Ready Or Not, Here They Come: Why The Aba Should Amend The Model Rules To Accommodate Multidisciplinary Practices, Bradley G. Johnson
Ready Or Not, Here They Come: Why The Aba Should Amend The Model Rules To Accommodate Multidisciplinary Practices, Bradley G. Johnson
Washington and Lee Law Review
No abstract provided.
The Quiet Demise Of Deference To Custom: Malpractice Law At The Millennium, Philip G. Peters, Jr.
The Quiet Demise Of Deference To Custom: Malpractice Law At The Millennium, Philip G. Peters, Jr.
Washington and Lee Law Review
No abstract provided.
Personal And Professional Integrity In The Legal Profession: Lessons From President Clinton And Kenneth Starr, Charles J. Ogletree, Jr.
Personal And Professional Integrity In The Legal Profession: Lessons From President Clinton And Kenneth Starr, Charles J. Ogletree, Jr.
Washington and Lee Law Review
No abstract provided.
Upping The Ante: Curricular And Bar Exam Reform In Professional Responsibility, David A. Logan
Upping The Ante: Curricular And Bar Exam Reform In Professional Responsibility, David A. Logan
Washington and Lee Law Review
No abstract provided.
Is The Supreme Court Ready To Recognize Another Privilege? An Examination Of The Accountant-Client Privilege In The Aftermath Of Jaffee V. Redmond, Thomas J. Molony
Is The Supreme Court Ready To Recognize Another Privilege? An Examination Of The Accountant-Client Privilege In The Aftermath Of Jaffee V. Redmond, Thomas J. Molony
Washington and Lee Law Review
No abstract provided.
Unreasonable Risk: Model Rule 1.6, Environmental Hazards, And Positive Law, Irma S. Russell
Unreasonable Risk: Model Rule 1.6, Environmental Hazards, And Positive Law, Irma S. Russell
Washington and Lee Law Review
No abstract provided.
Cadwalader, Rupa And Fiduciary Duty, Donald J. Weidner
Cadwalader, Rupa And Fiduciary Duty, Donald J. Weidner
Washington and Lee Law Review
No abstract provided.
Fiduciary Duty Contracts In Unincorporated Firms, Larry E. Ribstein
Fiduciary Duty Contracts In Unincorporated Firms, Larry E. Ribstein
Washington and Lee Law Review
No abstract provided.
Freedom Of Contract, Fiduciary Duties, And Partnerships: The Bargain Principle And The Law Of Agency, J. Dennis Hynes
Freedom Of Contract, Fiduciary Duties, And Partnerships: The Bargain Principle And The Law Of Agency, J. Dennis Hynes
Washington and Lee Law Review
No abstract provided.
The Naked Emperor: A Corporate Lawyer Looks At Rupa's Fiduciary Provisions, Lawrence E. Mitchell
The Naked Emperor: A Corporate Lawyer Looks At Rupa's Fiduciary Provisions, Lawrence E. Mitchell
Washington and Lee Law Review
No abstract provided.
"Assume A Rather Large Boat . . ": The Mess We Have Made Of Partnership Law, Allan W. Vestal
"Assume A Rather Large Boat . . ": The Mess We Have Made Of Partnership Law, Allan W. Vestal
Washington and Lee Law Review
No abstract provided.
Contingency Fee Abuses, Ethical Mandates, And The Disciplinary System: The Case Against Case-By-Case Enforcement, Lester Brickman
Contingency Fee Abuses, Ethical Mandates, And The Disciplinary System: The Case Against Case-By-Case Enforcement, Lester Brickman
Washington and Lee Law Review
No abstract provided.
Children Of Choice: A Doctor's Perspective, Howard W. Jones, Jr.
Children Of Choice: A Doctor's Perspective, Howard W. Jones, Jr.
Washington and Lee Law Review
No abstract provided.
What Part Of Rpos Don't You Understand? An Update And Survey Of Standards For Tax Return Positions, J. Timothy Philipps, Michael W. Mumbach, Morgan W. Alley
What Part Of Rpos Don't You Understand? An Update And Survey Of Standards For Tax Return Positions, J. Timothy Philipps, Michael W. Mumbach, Morgan W. Alley
Washington and Lee Law Review
No abstract provided.
Buckley V. Illinois Judicial Inquiry Board And Stretton V. Disciplinary Board Of The Supreme Court: First Amendment Limits On Ethical Restrictions Of Judicial Candidates' Speech, Robert M. Brode
Washington and Lee Law Review
No abstract provided.
Physician-Patient Sexual Contact: The Battle Between The State And The Medical Profession, Tanya J. Dobash
Physician-Patient Sexual Contact: The Battle Between The State And The Medical Profession, Tanya J. Dobash
Washington and Lee Law Review
No abstract provided.
It's Not Easy Being Easy: Advising Tax Return Positions , J. Timothy Philipps
It's Not Easy Being Easy: Advising Tax Return Positions , J. Timothy Philipps
Washington and Lee Law Review
No abstract provided.
Client Fraud And The Securities Lawyer's Duty Of Confidentiality, Richard M. Phillips
Client Fraud And The Securities Lawyer's Duty Of Confidentiality, Richard M. Phillips
Washington and Lee Law Review
No abstract provided.