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Articles 1 - 14 of 14

Full-Text Articles in Law

Judicial Rhetoric & Lawyers' Roles, Samuel J. Levine Jan 2015

Judicial Rhetoric & Lawyers' Roles, Samuel J. Levine

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Notwithstanding the rich scholarly literature debating the proper roles of lawyers and the precise contours of lawyers’ ethical conduct, as a descriptive matter, the American legal system operates as an adversarial system, premised in part upon clear demarcations between the functions of different lawyers within the system. Broadly speaking, prosecutors have the distinct role of serving justice, which includes the duty to try to convict criminal defendants who are deserving of punishment, in a way that is consistent with both substantive and procedural justice. In contrast, private attorneys have a duty to zealously represent the best interests of their clients ...


The Client Who Did Too Much, Nancy B. Rapoport Jan 2014

The Client Who Did Too Much, Nancy B. Rapoport

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Using Hitchcock's MacGuffin as a theme, I discuss the dynamics between client and lawyer when the client so obsesses over the issue driving him that he persuades (or attempts to persuade) the lawyer to do things that are inadvisable from the lawyer's point of view.


Foreword To The Conference: The Law: Business Or Profession? The Continuing Relevance Of Julius Henry Cohen For The Practice Of Law In The Twenty-First Century, Samuel J. Levine Jan 2013

Foreword To The Conference: The Law: Business Or Profession? The Continuing Relevance Of Julius Henry Cohen For The Practice Of Law In The Twenty-First Century, Samuel J. Levine

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No abstract provided.


The Jurisprudential Turn In Legal Ethics, Katherine R. Kruse Jan 2011

The Jurisprudential Turn In Legal Ethics, Katherine R. Kruse

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When legal ethics developed as an academic discipline in the mid-1970s, its theoretical roots were in moral philosophy. The early theorists in legal ethics were moral philosophers by training, and they explored legal ethics as a branch of moral philosophy. From the vantage point of moral philosophy, lawyers’ professional duties comprised a system of moral duties that governed lawyers in their professional lives, a “role-morality” for lawyers that competed with ordinary moral duties. In defining this “role-morality,” the moral philosophers accepted the premise that “good lawyers” are professionally obligated to pursue the interests of their clients all the way to ...


Bankruptcy Ethics Issues For Solos And Small Firms, Nancy B. Rapoport Jan 2006

Bankruptcy Ethics Issues For Solos And Small Firms, Nancy B. Rapoport

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This chapter, in Corinne Cooper & Catherine E. Vance's book Attorney Liability in Bankruptcy, walks the reader through some of the traditional ethics issues triggered by representing consumers and small businesses. It also addresses some of the ethics issues that the recent Bankruptcy Amendments (BAPCPA) have created.


Standing In Babylon, Looking Toward Zion, Katherine R. Kruse Jan 2006

Standing In Babylon, Looking Toward Zion, Katherine R. Kruse

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This article defends the triumph of vision at the 2006 UNLV Conference on Representing Children in Families by examining the interrelationship between idealism and realism in the definition of lawyers' roles and the importance of idealized visions to the process of reforming dysfunctional systems. This article suggests that the vision of lawyering for children sketched in the UNLV Recommendations--though based in idealism--is both deeply realistic and ultimately practical. This article thus affirms the choice of the group of idealists who stood together for a few days in modern-day Babylon to keep their eyes trained on the vision of Zion as ...


Enron, Titanic, And The Perfect Storm, Nancy B. Rapoport Jan 2004

Enron, Titanic, And The Perfect Storm, Nancy B. Rapoport

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In this article, I explore the contention of Jeffrey Skilling, former Enron CEO, that Enron's debacle was due to a perfect storm of events. I reject his contention, arguing instead that Enron's downfall was more like Titanic's - hubris and an over-reliance on checks and balances led to Enron's downfall. I then explore how character (especially of those at the top of an organization) can lead to Enron-like disasters, and I talk about how cognitive dissonance can lead to very smart people making very stupid decisions. I end with some musings about how lawyers can learn from ...


Lawyers Should Be Lawyers, But What Does That Mean?: A Response To Aiken & Wizner And Smith, Katherine R. Kruse Jan 2004

Lawyers Should Be Lawyers, But What Does That Mean?: A Response To Aiken & Wizner And Smith, Katherine R. Kruse

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Lawyers should be more like social workers. That is the message of Law as Social Work, the provocative essay by Jane Aiken and Stephen Wizner (Aiken & Wizner) in the Washington University Journal of Law & Policy volume, which preceded the conference on Promoting Justice Through Interdisciplinary Teaching, Practice, and Scholarship, hosted by Washington University School of Law in March 2003. Almost as if in reply, Abbe Smith's contribution to the same pre-conference volume reasserts the importance of lawyers as zealous and partisan advocates, using the realities of the criminal defense context to argue for the value of the lawyer's traditional adversarial role.

The competing views of the professional role embodied in the Aiken & Wizner and Smith Articles, as well as the visions of social justice that underlie them, are familiar territory for those who teach lawyering in the context of law school clinics, where initiating students into the ethics and culture of the legal profession is often a primary pedagogical goal. The tensions and similarities between law and social work emerge in particularly vivid form for clinical teachers first venturing into interdisciplinary practice in collaborative environments between lawyers and social workers. As a new initiate into the ranks of law professors who teach in interdisciplinary clinics; as a teacher of professional lawyering ethics; as a believer in adversarial ethics firmly grounded in criminal defense practice; and as someone committed to teaching law as social justice, I find myself struggling to find a comfortable place of reconciliation between the ideals of Aiken & Wizner's and Smith's pragmatics. This Article is my attempt at such a reconciliation.

This Article begins with a review of the Aiken & Wizner and Smith Articles, pointing ...


Enron, Titanic, And The Perfect Storm, Nancy B. Rapoport Jan 2003

Enron, Titanic, And The Perfect Storm, Nancy B. Rapoport

Scholarly Works

This article explores the contention of Jeffrey Skilling, former Enron CEO, that Enron's debacle was due to a perfect storm of events. It rejects his contention, arguing instead that Enron's downfall was more like Titanic's - hubris and an over-reliance on checks and balances led to Enron's downfall. The article then explores how character (especially of those at the top of an organization) can lead to Enron-like disasters, and discusses how cognitive dissonance can lead to very smart people making very stupid decisions. It ends with some musings about how lawyers can learn from Enron.


An Overview Of The Sarbanes-Oxley Act And Its Implications For Attorneys, Jeffrey W. Stempel Jan 2003

An Overview Of The Sarbanes-Oxley Act And Its Implications For Attorneys, Jeffrey W. Stempel

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On July 30, 2002, President Bush signed the Sarbanes-Oxley Act of 2002, H.R. 3763, well-publicized in the press as a legislative response to the perceived excesses of corporate America: Enron; WorldCom; Tyco; Global Crossing, etc.

The Sarbanes-Oxley Act of 2002 contains an array of provisions affecting lawyers as professionals serving businesses and contains one provision that will clearly impact corporate counsel in the ethical discharge of their duties. Section 307 of the Act and the recently released Proposed Roles of the Securities Exchange Commission regarding lawyer duties and implementation of Section 307 require counsel to go "up the ladder ...


The Intractable Problem Of Bankruptcy Ethics: Square Peg, Round Hole, Nancy B. Rapoport Jan 2002

The Intractable Problem Of Bankruptcy Ethics: Square Peg, Round Hole, Nancy B. Rapoport

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This article continues my earlier research on conflicts of interest in bankruptcy cases, particularly in chapter 11 cases. It suggests that conflicts in interest in chapter 11 bankruptcy cases should not be handled the same way that conflicts are handled under state ethics rules, and it proposes a new section of the Bankruptcy Code to cover conflicts of interest in cases filed under chapter 11.


Dressed For Excess: How Hollywood Affects The Professional Behavior Of Lawyers, Nancy B. Rapoport Jan 2000

Dressed For Excess: How Hollywood Affects The Professional Behavior Of Lawyers, Nancy B. Rapoport

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This article discusses two related points: first, that the way in which movies portray lawyers shapes how clients view effective/ineffective lawyer behavior, and second, that the portrayal also helps lawyers to forget appropriate professional behavior.


Legal Services Lawyers And The Influence Of Third Parties On The Lawyer-Client Relationship: Some Thoughts From Scholars, Practitioners, And Courts, Samuel J. Levine Jan 1998

Legal Services Lawyers And The Influence Of Third Parties On The Lawyer-Client Relationship: Some Thoughts From Scholars, Practitioners, And Courts, Samuel J. Levine

Scholarly Works

Among the challenges facing the lawyer who renders legal services to clients with limited means are ethical and professional questions relating to the influence of third parties on the lawyer-client relationship. Although all lawyers may potentially face ethical dilemmas involving third parties, legal services lawyers are particularly vulnerable to such issues because, unlike most lawyers, legal services lawyers generally rely on the financial support of someone other than their client. These challenges may take many forms, affecting a variety of ethical and professional considerations. Levine examines a number of areas in which bar association committees, scholars, and courts have addressed ...


An Assessment Of Alternative Strategies For Increasing Access To Legal Services, Jeffrey W. Stempel Jan 1980

An Assessment Of Alternative Strategies For Increasing Access To Legal Services, Jeffrey W. Stempel

Scholarly Works

Since the late 1930s, lawyers have argued that their services are not used to the fullest advantage by a large segment of the population. More recently, other concerned groups such as trade unions and consumer organizations also have become convinced that there is an underutilization of lawyers' services, and that it is important to increase access to such services. As a result, attempts have been made to develop alternatives to the traditional methods of providing legal services that to date have proved inadequate in meeting the legal needs of the public. Legal clinics have proliferated, prepaid legal services plans have ...