Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Ethics And The Settlement Of Mass Torts: When The Rules Meet The Road, Carrie Menkel-Meadow
Ethics And The Settlement Of Mass Torts: When The Rules Meet The Road, Carrie Menkel-Meadow
Georgetown Law Faculty Publications and Other Works
The settlement of mass torts through the class action device presents some difficult and troubling issues, including important questions of due process, fairness, justice, efficiency, equality, equity, and ethics. In this context, some of these foundational values conflict with each other and must be "resolved" by judges who must decide actual cases. In analyzing the applicable laws and rules (class action rules, constitutional provisions, and ethics rules) we find answers or suggestions that are often ambiguous or contradictory. All of these unresolved ambiguities raise the question of whether mass torts are any different from any number of difficult cases our …
Enriching The Legal Ethics Curriculum: From Requirement To Desire, Heidi Li Feldman
Enriching The Legal Ethics Curriculum: From Requirement To Desire, Heidi Li Feldman
Georgetown Law Faculty Publications and Other Works
The problem has become all too familiar: Acting at least in part from noble motives, the American Bar Association ("ABA") requires all law students at ABA-accredited law schools to take a course in "professional responsibility." Every accredited school offers a course or courses that enable students to fulfill this requirement. Under these circumstances, the professional responsibility course can easily assume the character of high school drivers' education or health classes: It often becomes an obligatory exercise, in which students think they must woodenly learn the maxims of the ABA Code of Conduct or Rules of Professional Responsibility. Faced with this …