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Full-Text Articles in Law

Agwara V. State Bar Of Nev., 133 Nev. Adv. Op. 96 (Dec. 7, 2017) (En Banc), Lucy Crow Dec 2017

Agwara V. State Bar Of Nev., 133 Nev. Adv. Op. 96 (Dec. 7, 2017) (En Banc), Lucy Crow

Nevada Supreme Court Summaries

The Court adopted the three-prong test in Grosso v. United States, and held that an attorney cannot assert the privilege against self-incrimination to withhold client trust documentation sought in a State Bar investigation. However, the State Bar must have a compelling reason to force disclosure of tax records.


Diversity, Compliance, Ethics & In-House Counsel, Steven A. Ramirez Jan 2017

Diversity, Compliance, Ethics & In-House Counsel, Steven A. Ramirez

Faculty Publications & Other Works

No abstract provided.


Probabilistic Compliance, Alex Raskolnikov Jan 2016

Probabilistic Compliance, Alex Raskolnikov

Faculty Scholarship

Uncertain legal standards are pervasive but understudied. The key theoretical result showing an ambiguous relationship between legal uncertainty and optimal deterrence remains largely undeveloped, and no alternative conceptual approaches to the economic analysis of legal uncertainty have emerged. This Article offers such an alternative by shifting from the well-established and familiar optimal deterrence theory to the new and unfamiliar probabilistic compliance framework. This shift brings the analysis closer to the world of legal practice and yields new theoretical insights. Most importantly, lower uncertainty tends to lead to more compliant positions and greater private gains. In contrast, the market for legal ...


Financial Rewards For Whistleblowing Lawyers, Nancy Moore, Kathleen Clark Nov 2015

Financial Rewards For Whistleblowing Lawyers, Nancy Moore, Kathleen Clark

Faculty Scholarship

The federal government relies increasingly on whistleblowers to ferret out fraud, and has awarded whistleblowers over $4 billion under the False Claims Act and the Dodd-Frank Wall Street reform and Consumer Protection Act. May lawyers ethically seek whistleblower rewards under these federal statutes? A handful of lawyers have tried to do so as FCA qui tam relators. They have not yet succeeded, but several court decisions suggest that they might be able to do so under confidentiality exceptions to state ethics law, which several courts have held are not preempted by the FCA. No lawyer has been publicly identified as ...


Slides: “Human Sustainability” In Natural Resources Industries: The New Frontier In Compliance, Social Responsibility, Disclosure, And Transparency, T. Marcus Funk Feb 2014

Slides: “Human Sustainability” In Natural Resources Industries: The New Frontier In Compliance, Social Responsibility, Disclosure, And Transparency, T. Marcus Funk

Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28)

Presenter: T. Markus Funk, Partner, Perkins Coie

21 slides


The Framing Effects Of Professionalism: Is There A Lawyer Cast Of Mind? Lessons From Compliance Programs, Robert Eli Rosen, Christine E. Parker, Viveke Lehmann Nielsen Jan 2012

The Framing Effects Of Professionalism: Is There A Lawyer Cast Of Mind? Lessons From Compliance Programs, Robert Eli Rosen, Christine E. Parker, Viveke Lehmann Nielsen

Articles

Professionals working inside companies may bring with them frames of mind set by their professional experience and socialization. Lawyers, in particular, are said to "think like a lawyer"-to have a lawyer cast of mind. In seeking power within a company and in exercising the power that they obtain, professionals may draw on their professional background to frame, name, diagnose, and prescribe a remedy for the company's problems. In making decisions about their compliance with the law, companies are constrained not only by their environment, but also by their agents' understanding of whose (or what) interests the company should ...


Slides: Environmental Justice: Comprehensive Approach, Nicholas Targ Mar 2007

Slides: Environmental Justice: Comprehensive Approach, Nicholas Targ

The Climate of Environmental Justice: Taking Stock (March 16-17)

Presenter: Nicholas Targ, Holland & Knight, former Associate Director for Environmental Justice Integration, Office of Environmental Justice, U.S. Environmental Protection Agency

16 slides