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

Law Commons

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

Series

PDF

2000

Legal Ethics and Professional Responsibility

Institution
Keyword
Publication

Articles 1 - 30 of 53

Full-Text Articles in Law

Ethical Issues For Lawyers In A Multi-Disciplinary Practice World: Combined Resources Dec 2000

Ethical Issues For Lawyers In A Multi-Disciplinary Practice World: Combined Resources

William & Mary Annual Tax Conference

No abstract provided.


Walking The Walk --- The Reality Of Ethics In The University Presidency, Elson Floyd Dec 2000

Walking The Walk --- The Reality Of Ethics In The University Presidency, Elson Floyd

Center for the Study of Ethics in Society Papers

Papers presented for the Center of the Study of Ethics in Society Western Michigan University.


Ethics In Academia, 2000, Wmu Center Of The Study Of Ethics In Society Dec 2000

Ethics In Academia, 2000, Wmu Center Of The Study Of Ethics In Society

Center for the Study of Ethics in Society Papers

Papers presented for the Center of the Study of Ethics in Society Western Michigan University.


The Ethics Center At Fifteen Years, Michael Pritchard Dec 2000

The Ethics Center At Fifteen Years, Michael Pritchard

Center for the Study of Ethics in Society Papers

Papers presented for the Center of the Study of Ethics in Society Western Michigan University.


The Quality Of Mercy, The Public Trust, And Ethical Issues In Higher Education, Elise Bickford Jorgens Dec 2000

The Quality Of Mercy, The Public Trust, And Ethical Issues In Higher Education, Elise Bickford Jorgens

Center for the Study of Ethics in Society Papers

Papers presented for the Center of the Study of Ethics in Society Western Michigan University.


Ethics In Academia, Diether Haenicke Dec 2000

Ethics In Academia, Diether Haenicke

Center for the Study of Ethics in Society Papers

Papers presented for the Center of the Study of Ethics in Society Western Michigan University.


Why Pragmatism Works For Me, Catharine P. Wells Nov 2000

Why Pragmatism Works For Me, Catharine P. Wells

Boston College Law School Faculty Papers

In this Article the author explores the growth of her interest in pragmatic legal theory. Pragmatism is often portrayed as a kind of black hole in the philosophical universe. It is defined not by the weight of its theories but instead by the counterweight of its anti-theoretical teachings. Whatever the reason, pragmatism’s lack of adherents has resulted in a number of misconceptions about its limitations. Among them are: (1) Pragmatism is banal in the sense that it only tells us to continue with our common sense practices (2) Pragmatism is relativistic in that it reduces everything to viewpoint and ...


Nihilism Need Not Apply: Law And Literature In Barth's The Floating Opera, Rob Atkinson Oct 2000

Nihilism Need Not Apply: Law And Literature In Barth's The Floating Opera, Rob Atkinson

Scholarly Publications

No abstract provided.


Annotating The News: Mitigating The Effects Of Media Convergence And Consolidation, Eric Easton Oct 2000

Annotating The News: Mitigating The Effects Of Media Convergence And Consolidation, Eric Easton

All Faculty Scholarship

This essay is a personal inquiry into the nature of media technology, law, and ethics in an era marked by the convergence of media that have been largely separate-print, broadcast, cable, satellite, and the Internet-and by the consolidation of ownership in all of these media. What inventions, practices, and norms must emerge to enable us to take advantage of this vast new information-based world, while preserving such important professional values as diversity, objectivity, reliability, and independence?

The right to know belongs not only to individuals, but to the public at large, it can (or, perhaps, must) be vindicated by government ...


Bringing The Practice To The Classroom: An Approach To The Professionalism Problem, Steven H. Goldberg Sep 2000

Bringing The Practice To The Classroom: An Approach To The Professionalism Problem, Steven H. Goldberg

Pace Law Faculty Publications

The first section of this article presents a brief history and description of a professionalism movement that continues to urge law schools to do more to solve the “professionalism problem.” The second discusses legal education's failure to bring professionalism into the law school curriculum. The third describes the structure and teaching method of The Practice—a different kind of course about professionalism—while the fourth discusses the professionalism content of the course. I conclude with a plea for law faculty to direct their considerable talents toward collecting stories and data about the profession and creating material to facilitate law ...


Apology And Organizations: Exploring An Example From Medical Practice, Jonathan R. Cohen Jun 2000

Apology And Organizations: Exploring An Example From Medical Practice, Jonathan R. Cohen

UF Law Faculty Publications

In this Article, I focus on injuries committed by members of organizations, such as corporations, and examine distinct issues raised by apology in the organizational setting. In particular, I consider: (i) the process of learning to prevent future errors; (ii) the divergent interests stemming from principal-agent tensions in employment, risk preferences and sources of insurance; (iii) the non-pecuniary benefits to corporate morale, productivity and reputation; (iv) the standing and scope of apologies; and (v) the articulation of policies toward injuries to others.


The Aba And Mdps: Context, History, And Process, Charles W. Wolfram Jun 2000

The Aba And Mdps: Context, History, And Process, Charles W. Wolfram

Cornell Law Faculty Publications



How Children And Adolescents Relate To Nature, Patricia Nevers May 2000

How Children And Adolescents Relate To Nature, Patricia Nevers

Center for the Study of Ethics in Society Papers

Paper presented at the Center for the Study of Ethics in Society at Western Michigan University, September 21,1999.


The Criminal Defense Lawyer's Fiduciary Duty To Clients With Mental Disability, Christopher Slobogin, Amy R. Mashburn Apr 2000

The Criminal Defense Lawyer's Fiduciary Duty To Clients With Mental Disability, Christopher Slobogin, Amy R. Mashburn

UF Law Faculty Publications

This Article argues that the defense attorney has a multifaceted fiduciary duty toward the client with mental disability. That duty requires, first and foremost, respect for the autonomy of the client. The lawyer shows that respect not only by heeding the wishes of the competent client but by refusing to heed the wishes of the incompetent client. A coherent approach to the competency construct is therefore important. Following the lead of Professor Bonnie, this Article has broken competency into two components: assistance competency and decisional competency. It has defined the former concept in traditional terms, as an understanding of the ...


Value Pluralism In Legal Ethics, W. Bradley Wendel Apr 2000

Value Pluralism In Legal Ethics, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.


Comment, Traitors In Our Midst: Attorneys Who Inform On Their Own Clients, Aviva Abramovsky Apr 2000

Comment, Traitors In Our Midst: Attorneys Who Inform On Their Own Clients, Aviva Abramovsky

Journal Articles

No abstract provided.


The Practice Of Law, Karen H. Rothenberg Apr 2000

The Practice Of Law, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.


Putting Watergate Behind Us: Salinas, Sun-Diamond, And Two Views Of The Anticorruption Model, George D. Brown Feb 2000

Putting Watergate Behind Us: Salinas, Sun-Diamond, And Two Views Of The Anticorruption Model, George D. Brown

Boston College Law School Faculty Papers

A central question in the ongoing debate over the future of the American political system is how to deal with public corruption. This Article first examines the dominant theme of the last thirty years: a relatively hard-line approach that Professor Brown refers to as the post-watergate concensus. In recent years, however, this approach has been subject to growing criminalization of government ethics; Professor Brown then turns to what can be viewed as the counterrevolutionary critique. Against this background, he considers the United States Supreme Court's contribution to the debate. Starting with the recent Sun-Diamond and Salinas cases, and drawing ...


Biotechnology And The Creation Of Ethics, Raymond R. Coletta Jan 2000

Biotechnology And The Creation Of Ethics, Raymond R. Coletta

McGeorge School of Law Scholarly Articles

No abstract provided.


Do Codes Of Ethics Actually Shape Legal Practice?, Margaret Ann Wilkinson, Christa Walker, Peter Mercer Jan 2000

Do Codes Of Ethics Actually Shape Legal Practice?, Margaret Ann Wilkinson, Christa Walker, Peter Mercer

Law Publications

In theory, professional codes of conduct are supposed to assist lawyers in choosing the appropriate course of action when they are faced with an ethical dilemma and it is expected that lawyers will, in practice, turn to such codes for guidance. A recent research initiative undertaken by legal scholars at the University of Western Ontario sought to examine the effectiveness of codes of ethics in maintaining standards of behaviour within the legal profession in Ontario by examining the kinds of ethical problems confronting lawyers in that province and the extent to which they were resolved through the use of professional ...


Criticizing The Courts: A Lawyer’S Duty (Iii), Roger J. Miner '56 Jan 2000

Criticizing The Courts: A Lawyer’S Duty (Iii), Roger J. Miner '56

Lawyers and the Legal Profession

No abstract provided.


Is Meaningful Regulation Of Lawyers In Multidisciplinary Firms Possible?, Denise D. J. Roy Jan 2000

Is Meaningful Regulation Of Lawyers In Multidisciplinary Firms Possible?, Denise D. J. Roy

Faculty Scholarship

If the legal profession embraces multidisciplinary practice (MDP) and allows fee-sharing with nonlawyers, there is a risk that its values, independence, and professionalism will fall prey to market pressures and control by outsiders. On the other hand, rejecting MDP means risking losing business to the multidisciplinary firms already established. The question is whether there is a compromise that provides meaningful regulation of lawyers practicing in multidisciplinary firms.


Third Party Payments To Criminal Defense Lawyers: Revisiting United States V. Hodge And Zweig, David Orentlicher Jan 2000

Third Party Payments To Criminal Defense Lawyers: Revisiting United States V. Hodge And Zweig, David Orentlicher

Scholarly Works

No abstract provided.


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

Scholarly Works

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.


Competency And Common Law: Why And How Decision-Making Capacity Criteria Should Be Drawn From The Capacity-Determination Process, Charles H. Baron Jan 2000

Competency And Common Law: Why And How Decision-Making Capacity Criteria Should Be Drawn From The Capacity-Determination Process, Charles H. Baron

Boston College Law School Faculty Papers

Determining competence to request physician-assisted suicide should be no more difficult than determining competence to refuse life-prolonging treatment. In both cases, criteria and procedures should be developed out of the process of actually making capacity determinations; they should not be promulgated a priori. Because patient demeanor plays a critical role in capacity determinations, it should be made part of the record of such determinations through greater use of video- and audiotapes.


Adoption Laws And Practices In 2000: Serving Whose Interests?, Ruth-Arlene W. Howe Jan 2000

Adoption Laws And Practices In 2000: Serving Whose Interests?, Ruth-Arlene W. Howe

Boston College Law School Faculty Papers

After enactment of the first modern state adoption statute in 1851, adoption in the United States evolved as both a state judicial process and a specialized child welfare service to promote the best interest of children in need of permanent homes. This essay reviews developments during the last quarter of the century that force us to ask whether U.S. adoption is meeting the needs of children, its original child welfare intent, or serving the interests of adults.


Toward A More Independent Grand Jury: Recasting And Enforcing The Prosecutor’S Duty To Disclose Exculpatory Evidence, R. Michael Cassidy Jan 2000

Toward A More Independent Grand Jury: Recasting And Enforcing The Prosecutor’S Duty To Disclose Exculpatory Evidence, R. Michael Cassidy

Boston College Law School Faculty Papers

This Article analyzes the Supreme Court’s decision in Williams, in which the Court struck down an attempt by the Tenth Circuit to impose an obligation on federal prosecutors to disclose substantial exculpatory evidence to the grand jury. The author discusses the contours of this case and the ethical underpinnings of a prosecutor’s disclosure obligations before the grand jury, and sets forth a new framework for consideration of such issues.


Equality And Affiliation As Bases Of Ethical Responsibility, Geoffrey C. Hazard Jr. Jan 2000

Equality And Affiliation As Bases Of Ethical Responsibility, Geoffrey C. Hazard Jr.

Faculty Scholarship at Penn Law

No abstract provided.


Changing Structure In The Practice Of Law, Geoffrey C. Hazard Jr. Jan 2000

Changing Structure In The Practice Of Law, Geoffrey C. Hazard Jr.

Faculty Scholarship at Penn Law

No abstract provided.


Supreme Court's Iolta Decision: Of Dogs, Mangers, And The Ghost Of Mrs. Frothingham, 30 Seton Hall L. Rev. 846 (2000), Donald L. Beschle Jan 2000

Supreme Court's Iolta Decision: Of Dogs, Mangers, And The Ghost Of Mrs. Frothingham, 30 Seton Hall L. Rev. 846 (2000), Donald L. Beschle

UIC John Marshall Law School Open Access Faculty Scholarship

No abstract provided.