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

Law Commons

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

Articles 1 - 25 of 25

Full-Text Articles in Law

Modern-Day Monitorships, Veronica Root Jan 2016

Modern-Day Monitorships, Veronica Root

Journal Articles

When a sexual abuse scandal rocked Penn State, when Apple engaged in anticompetitive behavior, and when servicers like Bank of America improperly foreclosed upon hundreds of thousands of homeowners, each organization entered into a Modern-Day Monitorship. Modern-Day Monitorships are utilized in an array of contexts to assist in widely varying remediation efforts. They provide outsiders a unique source of information about the efficacy of the tarnished organization’s efforts to remediate misconduct. Yet despite their use in high-profile and serious matters of organizational wrongdoing, they are not an outgrowth of careful study and deliberate planning. Instead, Modern-Day Monitorships have been ...


"Technical" Defenses: Ethics, Morals, And The Lawyer As Friend, Thomas L. Shaffer, Robert F. Cochran Jr. Jan 2007

"Technical" Defenses: Ethics, Morals, And The Lawyer As Friend, Thomas L. Shaffer, Robert F. Cochran Jr.

Journal Articles

This essay examines the question of lawyer-client counseling on the issue of raising "technical" defenses, such as statutes of limitations. The authors challenge the prevailing notion of American lawyers that technical defenses raise no moral issue worthy of dialogue between lawyers and clients. Looking at the history of legal ethics and modern treatment in European law, they suggest that questions of limitations do raise moral issues. They go on to explore how those moral issues ought to be discussed and decided between lawyers and clients, using the framework of lawyers as godfathers, hired guns, gurus, and friends that they laid ...


Lawyers As Prophets, Thomas L. Shaffer Jan 2003

Lawyers As Prophets, Thomas L. Shaffer

Journal Articles

No abstract provided.


Sectarian Reflections On Lawyers' Ethics And Death-Row Volunteers, Richard W. Garnett Jan 2002

Sectarian Reflections On Lawyers' Ethics And Death-Row Volunteers, Richard W. Garnett

Journal Articles

What should lawyers think about and respond to death-row volunteers? When a defendant accused of a capital crime attempts to plead guilty, or instructs his lawyer not to present a particular defense; when a convicted killer refuses to permit the introduction of potentially life-saving mitigating evidence - or even urges the jury to impose a death sentence - at the sentencing phase of a death-eligible case; when a condemned inmate refuses to file, or to appeal the denial of, habeas corpus and other post-conviction petitions for relief; when he elects not to object to a particular capital-punishment method, to call into question ...


Using The Pervasive Method Of Teaching Legal Ethics In A Property Course, Thomas L. Shaffer Jan 2002

Using The Pervasive Method Of Teaching Legal Ethics In A Property Course, Thomas L. Shaffer

Journal Articles

No abstract provided.


Jews, Christians, Lawyers, And Money, Thomas L. Shaffer Jan 2001

Jews, Christians, Lawyers, And Money, Thomas L. Shaffer

Journal Articles

No abstract provided.


Legal Ethics And Jurisprudence From Within Religious Congregations, Thomas L. Shaffer Jan 2001

Legal Ethics And Jurisprudence From Within Religious Congregations, Thomas L. Shaffer

Journal Articles

No abstract provided.


Towering Figures, Enigmas, And Responsive Communities In American Legal Ethics, Thomas L. Shaffer Jan 1999

Towering Figures, Enigmas, And Responsive Communities In American Legal Ethics, Thomas L. Shaffer

Journal Articles

No abstract provided.


What Is The Common Good, And Why Does It Concern The Client's Lawyer?, John M. Finnis Jan 1999

What Is The Common Good, And Why Does It Concern The Client's Lawyer?, John M. Finnis

Journal Articles

No abstract provided.


On Living One Way In Town And Another Way At Home, Thomas L. Shaffer Jan 1997

On Living One Way In Town And Another Way At Home, Thomas L. Shaffer

Journal Articles

No abstract provided.


On Lying For Clients, Thomas L. Shaffer Jan 1996

On Lying For Clients, Thomas L. Shaffer

Journal Articles

No abstract provided.


On Teaching Legal Ethics In The Law Office, Thomas L. Shaffer Jan 1996

On Teaching Legal Ethics In The Law Office, Thomas L. Shaffer

Journal Articles

No abstract provided.


The Legal Profession's Rule Against Vouching For Clients: Advocacy And The Manner That Is The Man Himself, Thomas L. Shaffer Jan 1993

The Legal Profession's Rule Against Vouching For Clients: Advocacy And The Manner That Is The Man Himself, Thomas L. Shaffer

Journal Articles

Modem American lawyers impose on one another regulatory rules that speak to the old argument but have not resolved it. One of these requires lawyers to advocate the interests of their clients with zeal; another forbids them from arguing that they believe what they say, or in the merit of what they are asking the government to do. The latter of these is a rule against vouching for clients. Rules that require zeal and forbid vouching seek to prevent both advertent deceit and an "unprofessional" limitation of advocacy to causes lawyers believe in. My claim is that these rules are ...


How I Changed My Mind, Thomas L. Shaffer Jan 1993

How I Changed My Mind, Thomas L. Shaffer

Journal Articles

No abstract provided.


Inaugural Howard Lichtenstein Lecture In Legal Ethics: Lawyer Professionalism As A Moral Argument, Thomas L. Shaffer Jan 1991

Inaugural Howard Lichtenstein Lecture In Legal Ethics: Lawyer Professionalism As A Moral Argument, Thomas L. Shaffer

Journal Articles

No abstract provided.


Legal Ethics After Babel, Thomas L. Shaffer Jan 1990

Legal Ethics After Babel, Thomas L. Shaffer

Journal Articles

No abstract provided.


The Legal Ethics Of Fear: On The 1904 Report Of The Committee On Legal Ethics Of The Georgia Bar Association, Thomas L. Shaffer Jan 1990

The Legal Ethics Of Fear: On The 1904 Report Of The Committee On Legal Ethics Of The Georgia Bar Association, Thomas L. Shaffer

Journal Articles

No abstract provided.


The Professional Ethics Of Individualism And Tragedy In Martin Arrowsmith's Expedition To St. Hubert, Thomas L. Shaffer Jan 1989

The Professional Ethics Of Individualism And Tragedy In Martin Arrowsmith's Expedition To St. Hubert, Thomas L. Shaffer

Journal Articles

No abstract provided.


The Legal Ethics Of Belonging, Thomas L. Shaffer Jan 1988

The Legal Ethics Of Belonging, Thomas L. Shaffer

Journal Articles

No abstract provided.


Legal Ethics And The Good Client, Thomas L. Shaffer Jan 1987

Legal Ethics And The Good Client, Thomas L. Shaffer

Journal Articles

No abstract provided.


The Profession As A Moral Teacher, Thomas L. Shaffer Jan 1986

The Profession As A Moral Teacher, Thomas L. Shaffer

Journal Articles

No abstract provided.


On Being Pleasant: Ethics In Estate Planning, Thomas L. Shaffer Jan 1985

On Being Pleasant: Ethics In Estate Planning, Thomas L. Shaffer

Journal Articles

The play “Harvey” teaches a valuable lesson on legal ethics through the character Elwood. Elwood teaches how being pleasant does more for a person than being smart. Legal ethics in estate planning is examined through three points of view: the reality of professional life in estate planning, the reality of client life in estate planning, and the reality of life in families that are affected by estate planning. In discussing each point of view, the Author uses the actions of Elwood to demonstrate and argue that professional ethics is not just a system for staying out of trouble, but is ...


David Hoffman's Law School Lectures, 1822-1833, Thomas L. Shaffer Jan 1982

David Hoffman's Law School Lectures, 1822-1833, Thomas L. Shaffer

Journal Articles

No abstract provided.


Christian Lawyer Stories And American Legal Ethics, Thomas L. Shaffer Jan 1982

Christian Lawyer Stories And American Legal Ethics, Thomas L. Shaffer

Journal Articles

No abstract provided.


Moral Theology In Legal Ethics, Thomas L. Shaffer Jan 1982

Moral Theology In Legal Ethics, Thomas L. Shaffer

Journal Articles

No abstract provided.