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Articles 1 - 30 of 74
Full-Text Articles in Law
Introduction To The Legal Tech Audit, Rachel S. Evans, Jason Tubinis
Introduction To The Legal Tech Audit, Rachel S. Evans, Jason Tubinis
Presentations
A brief introduction and discussion of the legal tech audit, why it matters and three mini tech lessons for Word, Excel, and Adobe Acrobat Pro.
Anorexia/Bulimia, Transcendence, And The Potential Impact Of Romanticized/Sexualized Death Imagery, Heather D. Schild
Anorexia/Bulimia, Transcendence, And The Potential Impact Of Romanticized/Sexualized Death Imagery, Heather D. Schild
Center for the Study of Ethics in Society Papers
Presented November 10, 2014. Papers presented for the Center for the Study of Ethics in Society Western Michigan University
The Challenge Of Seeing Justice Done In Removal Proceedings, Jason A. Cade
The Challenge Of Seeing Justice Done In Removal Proceedings, Jason A. Cade
Scholarly Works
Prosecutorial discretion is a critical part of the administration of immigration law. This Article considers the work and responsibilities of the Immigration and Customs Enforcement (ICE) trial attorneys, who thus far have not attracted significant scholarly attention, despite playing a large role in the ground-level implementation of immigration law and policy. The Article makes three main contributions. First, I consider whether ICE attorneys have a duty to help ensure that the removal system achieves justice, rather than indiscriminately seek removal in every case and by any means necessary. As I demonstrate, trial attorneys have concrete obligations derived from statutory provisions, …
Proposed Amendments To The Federal Judicial Misconduct Rules: Comments And Suggestions, Arthur D. Hellman
Proposed Amendments To The Federal Judicial Misconduct Rules: Comments And Suggestions, Arthur D. Hellman
Testimony
In 2008, the Judicial Conference of the United States – the administrative policy-making body of the federal judiciary – approved a revised set of rules for handling complaints of misconduct or disability on the part of federal judges. Moving away from the decentralizing approach of the pre-2008 Illustrative Rules, the new rules were made binding on all of the federal judicial circuits.
On September 2, 2014, the Conference’s Committee on Judicial Conduct and Disability (Conduct Committee) issued a set of draft amendments to the Rules. The announcement invited comments on the proposed amendments. This statement was submitted in response to …
The Role Of Ethics Audits In Improving Management Systems And Practices: An Empirical Examination Of Management-Based Regulation Of Law Firms, Susan Saab Fortney
The Role Of Ethics Audits In Improving Management Systems And Practices: An Empirical Examination Of Management-Based Regulation Of Law Firms, Susan Saab Fortney
Faculty Scholarship
For decades, legal malpractice experts have urged lawyers to implement risk management measures. To assist law firms in doing so, legal malpractice insurers have provided audit services and self-audit materials. Under the Australian regulatory regime, incorporated legal practices are required to complete a self-assessment process and to report on the firm's compliance with ten objectives of sound law practice. Using management-based principles, this Article discusses steps to take to encourage ethics audits "to merge good ethics and good business" in the U.S.
Globalization And The Aba Commission On Ethics 20/20: Reflections On Missed Opportunities And The Road Not Taken, Laurel S. Terry
Globalization And The Aba Commission On Ethics 20/20: Reflections On Missed Opportunities And The Road Not Taken, Laurel S. Terry
Faculty Scholarly Works
The ABA Commission on Ethics 20/20 was established in order to “perform a thorough review of the ABA Model Rules of Professional Conduct and the U.S. system of lawyer regulation in the context of advances in technology and global legal practice developments.” The thesis of this article is that the Commission was much more successful with the “technology” aspect of its work than it was with the globalization aspect of its work. This article offers an explanation for these differing levels of success and identifies an alternative path the Commission might have taken that might have led to greater success …
Lost In The Weeds Of Pot Law: The Role Of Ethics In The Movement To Legalize Marijuana, Helia Garrido Hull
Lost In The Weeds Of Pot Law: The Role Of Ethics In The Movement To Legalize Marijuana, Helia Garrido Hull
Faculty Scholarship
No abstract provided.
Third-Party Funding In International Arbitration: The Icca Queen-Mary Task Force, William W. Park, Catherine A. Rogers
Third-Party Funding In International Arbitration: The Icca Queen-Mary Task Force, William W. Park, Catherine A. Rogers
Faculty Scholarship
Third-party funding raises a host of ethical and procedural issues for international arbitration, perhaps most notably in connection with arbitrator comportment. The need for sustained study of these concerns prompted establishment of a Task Force on Third-Party Funding in International Arbitration, convened by the International Council for Commercial Arbitration (ICCA) along with Queen Mary College at the University of London. The Task Force, comprised of stakeholders from a range of viewpoints and backgrounds, will assess both real and perceived concerns that this relatively new practice raises, as well as what might be done, and why. This article outlines the Task …
Criminalizing Politics, Jeffrey Bellin
Summary Of Greenberg Traurig, Llp V. Frias Holding Company, 130 Nev. Adv. Op. 67, Tom Stewart
Summary Of Greenberg Traurig, Llp V. Frias Holding Company, 130 Nev. Adv. Op. 67, Tom Stewart
Nevada Supreme Court Summaries
The Court adopted an exception to the common law litigation privilege for legal malpractice and professional negligence actions. A client can pursue malpractice and professional negligence actions against an attorney, and support those actions with communications made in the course of litigation.
Email, Metadata, And Clouds, Oh My! Recent Changes To The Model Rules Of Professional Conduct, Joyce Manna Janto
Email, Metadata, And Clouds, Oh My! Recent Changes To The Model Rules Of Professional Conduct, Joyce Manna Janto
Law Faculty Publications
A discussion of how the 2012 revisions to the Model Rules of Professional Conduct affect the attorney's duties in handling email: encryption, storage, metadata, and confidentiality.
Systematic Ict Surveillance By Employers: Are Your Personal Activities Private?, Arlene J. Nicholas
Systematic Ict Surveillance By Employers: Are Your Personal Activities Private?, Arlene J. Nicholas
Faculty and Staff - Articles & Papers
This paper reviews the various methods of information and communications technology (ICT) that is used by employers to peer into the work lives and, in some cases, private lives of employees. Some of the most common methods – such as computer and Internet monitoring, video surveillance, and global positioning systems (GPS) – have resulted in employee disciplines that have been challenged in courts. This paper provides background information on United States (U.S.) laws and court cases which, in this age of easily accessible information, mostly support the employer. Assessments regarding regulations and policies, which will need to be continually updated …
Defending The Guilty: Lawyer Ethics In The Movies, J. Thomas Sullivan
Defending The Guilty: Lawyer Ethics In The Movies, J. Thomas Sullivan
Faculty Scholarship
No abstract provided.
Systemic Barriers To Effective Assistance Of Counsel In Plea Bargaining, Rodney J. Uphoff, Peter A. Joy
Systemic Barriers To Effective Assistance Of Counsel In Plea Bargaining, Rodney J. Uphoff, Peter A. Joy
Faculty Publications
In a trio of recent cases, Padilla v. Kentucky, Missouri v. Frye, and Lafler v. Cooper, the U.S. Supreme Court has focused its attention on defense counsel's pivotal role during the plea bargaining process . At the same time that the Court has signaled its willingness to consider ineffective assistance of counsel claims at the plea stage, prosecutors are increasingly requiring defendants to sign waivers that include waiving all constitutional and procedural errors, even unknown ineffective assistance of counsel claims such as those that proved successful in Padilla and Frye. Had Jose Padilla and Galin Frye been forced to sign …
Shades Of Enron: The Legal Ethics Implications Of The General Motors Scandal, Michele Benedetto Neitz
Shades Of Enron: The Legal Ethics Implications Of The General Motors Scandal, Michele Benedetto Neitz
Publications
Here we go again. "Where were the Lawyers?" is becoming a predicable refrain in response to any wide-ranging corporate scandal. General Motors is battling a rising deluge of lawsuits, investigations, and government fines in the wake of its February 2014 recall of millions of cars for a safety defect. The defect, a faulty ignition switch, is allegedly responsible for 13 fatalities and hundreds of injuries.
The sorrow of the tragic loss of life in this case is now joined by growing public anger about a cover-up at the company to avoid liability for the defect. GM's engineers and managers may …
Fraud And Abuse In Mesothelioma Litigation, Lester Brickman
Fraud And Abuse In Mesothelioma Litigation, Lester Brickman
Articles
No abstract provided.
Technology And Client Communications: Preparing Law Students And New Lawyers To Make Choices That Comply With The Ethical Duties Of Confidentiality, Competence, And Communication, Kristin J. Hazelwood
Technology And Client Communications: Preparing Law Students And New Lawyers To Make Choices That Comply With The Ethical Duties Of Confidentiality, Competence, And Communication, Kristin J. Hazelwood
Law Faculty Scholarly Articles
That the use of technology has radically changed the legal profession is beyond dispute. Through technology, lawyers can now represent clients in faraway states and countries, and they can represent even local clients through a “virtual law office.” Gone are the times in which the lawyer’s choices for communicating with clients primarily involve preparing formal business letters to convey advice, holding in-person client meetings in the office, or conducting telephone calls with clients on landlines from the confines of the lawyer’s office. Not only do lawyers have choices about how to communicate with their clients, but they also frequently choose …
Lawyering To The Lowest Common Denominator: "Strickland's" Potential For Incorporating Underfunded Norms Into Legal Doctrine, Lauren Sudeall
Lawyering To The Lowest Common Denominator: "Strickland's" Potential For Incorporating Underfunded Norms Into Legal Doctrine, Lauren Sudeall
Vanderbilt Law School Faculty Publications
This symposium article explores how ineffective assistance of counsel doctrine, by its design, may incorporate and exacerbate the failings of an underfunded indigent defense system. Specifically, it highlights two aspects of the Strickland v. Washington standard for ineffective assistance of counsel: first, its inability to effectively address issues of underfunding through its two-prong test of deficient performance and prejudice; and, second, the way in which its eschewal of specific substantive guidelines for attorney performance in favor of reliance on "prevailing professional norms" may allow legal doctrine to be influenced by anemic, localized practice norms resulting from a lack of resources. …
Summary Of State Of Nevada V. Eight Jud. Dist. Ct. (Zogheib), 130 Nev. Adv. Op. 18, Brian Vasek
Summary Of State Of Nevada V. Eight Jud. Dist. Ct. (Zogheib), 130 Nev. Adv. Op. 18, Brian Vasek
Nevada Supreme Court Summaries
The Court was asked to decide the appropriate standard for determining when the entire Clark County District Attorney’s office should be disqualified for an individual prosecutor’s conflict – an appearance-of-impropriety standard or if a more appropriate standard exists.
Slides: “Human Sustainability” In Natural Resources Industries: The New Frontier In Compliance, Social Responsibility, Disclosure, And Transparency, T. Markus Funk
Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28)
Presenter: T. Markus Funk, Partner, Perkins Coie
21 slides
The Ethical-Religious Framework For Shalom, Michael E. Cafferky
The Ethical-Religious Framework For Shalom, Michael E. Cafferky
Faculty Works
This paper explores the ancient Hebrew Decalogue, the Ten Commandments, a traditional ethical-religious framework for business conduct, in terms of its contribution to well-being. Some elements of the Decalogue align with what contemporary scholars believe are generally-accepted moral principles expected of businesses. This paper addresses the question of how all the elements of the Decalogue contribute to the Hebrew concept of Shalom. The purpose of the Decalogue is established in the context of a covenant community of believers. Each of the Ten Commandments is evaluated in terms of its contribution to Shalom.
Why U.S. Jurisdictions Should Adopt ‘Regulatory Objectives’ For The Legal Profession, Laurel S. Terry
Why U.S. Jurisdictions Should Adopt ‘Regulatory Objectives’ For The Legal Profession, Laurel S. Terry
Howard Lichtenstein Distinguished Professorship in Legal Ethics Lectures
As a Lichtenstein Distinguished Lecturer, Professor Terry was asked to write an article for the Hofstra Law Review. Her article, cited below, may be downloaded from the link at the top of the page.
Laurel S. Terry, Globalization and the ABA Commission on Ethics 20/20: Reflections on Missed Opportunities and the Road Not Taken, 43 Hofstra L. Rev. 95 (2014)
The ABA Commission on Ethics 20/20 was established in order to “perform a thorough review of the ABA Model Rules of Professional Conduct and the U.S. system of lawyer regulation in the context of advances in technology and global …
Confronting The Two Faces Of Corporate Fraud, Miriam H. Baer
Confronting The Two Faces Of Corporate Fraud, Miriam H. Baer
Faculty Scholarship
No abstract provided.
Foreword: Conference On Religious Legal Theory: Rlt Iv: Expanding The Conversation, Samuel J. Levine
Foreword: Conference On Religious Legal Theory: Rlt Iv: Expanding The Conversation, Samuel J. Levine
Scholarly Works
In this article, the author introduces the articles published in the Symposium Issue of the Touro Law Review, which is a compilation of selected excerpts from the fourth annual Conference on Religious Legal Theory (“RLT”) held April 10-12, 2013. By introducing each article, the author shows a sampling of the variety of topics and disciplines explored and the range of perspectives represented at the Conference, which revolved around the theme RLT IV: Expanding the Conversation. The author provides the background of the panelists to give context to each article, and then briefly discusses the relevance and main ideas.
Informed Consent In Mediation: Promoting Pro Se Parties’ Informed Settlement Choice While Honoring The Mediator’S Ethical Duties, Michael T. Colatrella Jr.
Informed Consent In Mediation: Promoting Pro Se Parties’ Informed Settlement Choice While Honoring The Mediator’S Ethical Duties, Michael T. Colatrella Jr.
McGeorge School of Law Scholarly Articles
No abstract provided.
Recent Developments In Land Use Ethics, Patricia E. Salkin
Recent Developments In Land Use Ethics, Patricia E. Salkin
Scholarly Works
Current events across the country reveal no shortage of allegations of unethical conduct in the land use review process. Sadly, there are countless other media accounts of alleged and proven conflicts of interest and other ethical misconduct. In this annual review of reported decisions involving ethics in land use, recent decisions are discussed in the hopes that municipal attorneys will use this information as the basis of ongoing training for members of planning boards, zoning boards, and local legislative bodies who must be routinely reminded of not only their legal but ethical responsibilities in upholding the public trust.
The Cure For Young Prosecutors' Syndrome, Ronald F. Wright, Kay L. Levine
The Cure For Young Prosecutors' Syndrome, Ronald F. Wright, Kay L. Levine
Faculty Articles
Although legal scholars treat prosecutors like interchangeable parts, we argue—based on interviews and surveys of over 200 state prosecutors in eight offices—that scholars should be alert to the differences among them, because new prosecutors experience their professional role differently than their veteran colleagues do. This divergence happens because, as new prosecutors gain experience, their professional identities shift—they become more balanced over time. This Article explores the prosecutor’s professional transformation and the possible catalysts for that change.
When experienced prosecutors describe their career trajectories, they regret the highly adversarial posture they adopted earlier in their careers. While the constant quest for …
Rethinking The Character And Fitness Inquiry, Leslie Levin
Rethinking The Character And Fitness Inquiry, Leslie Levin
Faculty Articles and Papers
The bar’s character and fitness inquiry seeks to protect the public. As part of this inquiry, bar applicants are required to produce detailed information about their past histories. The rationale for this inquiry is that this information can be used to identify who will subsequently become a problematic lawyer. Bar applicants bear the burden of providing their “good” character even though there is little evidence that past conduct predicts who will become a problematic lawyer. This article looks at psychological and other research that attempt to identify factors that might predict future misconduct in the work place. It also reports …
Lawyers Beware: You Are What You Post - The Case For Integrating Cultural Competence, Legal Ethics, And Social Media, Jan L. Jacobowitz
Lawyers Beware: You Are What You Post - The Case For Integrating Cultural Competence, Legal Ethics, And Social Media, Jan L. Jacobowitz
Articles
No abstract provided.
Cracks In The Profession's Monopoly Armor, John Sahl
Cracks In The Profession's Monopoly Armor, John Sahl
Akron Law Faculty Publications
This article examines the legal profession’s long-held monopoly in the nation’s legal services market in the context of two recent developments. The first development concerns the Conference of Chief Justices’ (CCJ) recent adoption of Resolution 15, “Encouraging Adoption of Rules Regarding Admission of Attorneys Who Are Dependents of Service Members.” Resolution 15 urges state bar authorities to develop and implement rules permitting admission without examination of lawyers who are military dependents. The CCJ’s rule promotes competition by facilitating the movement of lawyers from one geographic market to another.
The second development is Washington Supreme Court’s new Admission to Practice Rule …