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Articles 1 - 30 of 31
Full-Text Articles in Law
Ethics In Tax Practice: Emerging Standards For Reporting Tax Return Postings, Kenneth L. Harris
Ethics In Tax Practice: Emerging Standards For Reporting Tax Return Postings, Kenneth L. Harris
William & Mary Annual Tax Conference
No abstract provided.
Television Technology And Moral Literacy, Clifford G. Christians
Television Technology And Moral Literacy, Clifford G. Christians
Center for the Study of Ethics in Society Papers
Presented to the WMU Center for the Study of Ethics in Society March 22, 1990.
Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann
Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann
Faculty Scholarship
This Essay is an effort to construct a normative basis for a constitutional theory to resist the Supreme Court's recent decision in DeShaney v. Winnebago County Department of Social Services.1 In DeShaney, the Court decided that a local social service worker's failure to prevent child abuse did not violate the due process clause of the fourteenth amendment even though the social worker "had reason to believe" the abuse was occurring. 2 Chief Justice Rehnquist's opinion for the Court held that government inaction cannot violate due process unless the state has custody of the victim, 3 thus settling a controversial …
The Most Fundamental Change In The Criminal Justice System: The Role Of The Prosecutor In Sentence Reduction, Bennett L. Gershman
The Most Fundamental Change In The Criminal Justice System: The Role Of The Prosecutor In Sentence Reduction, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
As every lawyer knows, the prosecutor is the most powerful figure in the American criminal justice system. The prosecutor decides whom to charge, what charges to bring, whether to permit a defendant to plead guilty, and whether to confer immunity. In carrying out this broad decision-making power, the prosecutor enjoys considerable independence. Indeed, one of the most elusive and vexing subjects in criminal justice has been to define the limits of the prosecutor’s discretion.
Ethics In Government, Joint Legislative Committee
Ethics In Government, Joint Legislative Committee
California Joint Committees
With the passage of Proposition 112 (SCA 32) on June 5, 1990, the voters have acknowledged their support for an ethics reform package that is tied to the creation of a Citizens Compensation Commission, which shall have the exclusive power to set the salaries and all fringe benefits, except retirement, for Members of the Legislature and other related state officers. It also prohibits Members and other elected state officers from receiving any honoraria and imposes restrictions on gifts, lobbying activity, and the sources of income of these officers.
Higher-Order Discrimination, Adrian M. S. Piper
Higher-Order Discrimination, Adrian M. S. Piper
Center for the Study of Ethics in Society Papers
Presented to the WMU Center for the Study of Ethics in Society January 22, 1990.
Ringing The Bell, Roger J. Miner '56
Women's Dilemma: Is It Reasonable To Be Rational?, Harriet Baber
Women's Dilemma: Is It Reasonable To Be Rational?, Harriet Baber
Center for the Study of Ethics in Society Papers
Based on a presentation to the WMU Center for the Study of Ethics in Society February 17, 1990.
The Adversarial System At Risk, Bennett L. Gershman
The Adversarial System At Risk, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
The most ominous recent development affecting the balance of forces in the adversary system is the unprecedented attack by prosecutors on criminal defense lawyers themselves. Grand jury subpoenas to attorneys, law office searches, disqualification motions, fee forfeiture proceedings, and, most recently, IRS attempts to enforce currency-reporting regulations do not seem to be isolated occurrences or mere happenstance. Rather, perhaps inspired by Shakespeare's injunction in Henry VI to "kill all the lawyers," some prosecutors appear to have concluded that the most effective way to prevail in the battle against crime is to cripple the defense lawyers, particularly those who represent defendants …
Ethical Reasoning And Analysis: The Elements, Martin Benjamin
Ethical Reasoning And Analysis: The Elements, Martin Benjamin
Center for the Study of Ethics in Society Papers
Presented to the WMU Center for the Study of Ethics in Society February 10, 1989.
Impacts Of Land Use Laws And Policies Massachusetts State Superfund Program, Umass Amherst Center Economic Development
Impacts Of Land Use Laws And Policies Massachusetts State Superfund Program, Umass Amherst Center Economic Development
Center for Economic Development Technical Reports
The reason for this report was to examine the Massachusetts state Superfund law, and the statutory remedies that Massachusetts relies on to recover the cost associated with the cleanup of oil and hazardous materials released into the environment.
Kentucky's New Rules Of Professional Conduct For Lawyers, Eugene R. Gaetke
Kentucky's New Rules Of Professional Conduct For Lawyers, Eugene R. Gaetke
Law Faculty Scholarly Articles
On July 12, 1989, the Kentucky Supreme Court adopted its own version of the American Bar Association's 1983 Model Rules of Professional Conduct as the body of disciplinary law applicable to lawyers practicing in the state. These new rules constitute a major improvement in the state's law of legal ethics. Their adoption should be considered a victory for Kentucky lawyers and, more importantly, a victory for the people of the state, the ultimate beneficiaries of the regulation of the legal profession.
As with most victories, the adoption of the new rules was not unequivocally positive. Kentucky's version of the Model …
Teaching Legal Ethics In A Program Of Comprehensive Skills Development, James E. Moliterno
Teaching Legal Ethics In A Program Of Comprehensive Skills Development, James E. Moliterno
Faculty Publications
No abstract provided.
Client-Centered Counseling: Reappraisal And Refinement, Robert Dinerstein
Client-Centered Counseling: Reappraisal And Refinement, Robert Dinerstein
Articles in Law Reviews & Other Academic Journals
No abstract provided.
On The Steadfastness And Courage Of Government Lawyers, Roger C. Cramton
On The Steadfastness And Courage Of Government Lawyers, Roger C. Cramton
Cornell Law Faculty Publications
No abstract provided.
Court-Appointed Attorneys: Old Problems And New Solutions, H. Patrick Furman
Court-Appointed Attorneys: Old Problems And New Solutions, H. Patrick Furman
Publications
No abstract provided.
Lawyer Turf And Lawyer Regulation -- The Role Of The Inherent-Powers Doctrine, Charles W. Wolfram
Lawyer Turf And Lawyer Regulation -- The Role Of The Inherent-Powers Doctrine, Charles W. Wolfram
Cornell Law Faculty Publications
No abstract provided.
Unauthorized Legal Practice Prosecutions And Independent Paralegals In Ontario And The United States, John A. Flood, Frederick H. Zemans
Unauthorized Legal Practice Prosecutions And Independent Paralegals In Ontario And The United States, John A. Flood, Frederick H. Zemans
Articles & Book Chapters
The issue of unauthorized legal practice involves questions of professionalism and market protection. The legal profession, like other professions, is seen a being particularly successful at excluding others from its area of jurisdiction. Disputes over jurisdiction occur at the edge of this jurisdiction, specifically when certain condition arise. The e conditions are characterized by the "indetermination/ technicality (I/T) ratio", where "I" represents the ideological underpinning of the profession and "T" represents the technical knowledge. "If either the knowledge base or the ideological underpinning deteriorates, the occupation will lose control over its spheres of activity....For an occupation or a profession to …
Legal Ethics After Babel, Thomas L. Shaffer
Legal Ethics After Babel, Thomas L. Shaffer
Journal Articles
Legal ethics owes as much to Richard M. Nixon as it does to philosophy. The rebirth of legal ethics in the last decade is one of many consequences, although possibly the most obscure, of the burglary at the Watergate Hotel in 1972. The criminal politics that destroyed Mr. Nixon's presidency summoned American lawyers to a serious, systematic examination of the morals of their craft.
Gender And Race Bias Against Lawyers: A Classroom Response, Suellyn Scarnecchia
Gender And Race Bias Against Lawyers: A Classroom Response, Suellyn Scarnecchia
Articles
In reviewing other clinicians' approaches to teaching about bias, I identified problems that eventually led me to design a two-hour class session on bias against lawyers. The following is a review of a few other teaching methods and a description of my own approach, detailing its own strengths and weaknesses. This is not an exhaustive review of all possible approaches to bias. It is offered to promote classroom discussion of bias against lawyers and to invite the development of innovative alternatives to my approach.
Extradition To A State That Imposes The Death Penalty, Sharon A. Williams
Extradition To A State That Imposes The Death Penalty, Sharon A. Williams
Articles & Book Chapters
This article describes the extradition of prisoners from Canada to a country that imposes the death penalty.
Lying To Clients, Lisa G. Lerman
Lying To Clients, Lisa G. Lerman
Scholarly Articles
Moral philosopher Sissela Bok defines a lie as "any intentionally deceptive message which is stated." She defines deception more broadly, as encompassing "messages meant to mislead [others] ... through gesture, through disguise, by means of action or inaction, even through silence." This broader category of deception is the subject of study here. This Article will examine overt misstatements and deliberate omissions or failures to disclose information. The determining factor in identifying deception is the lawyer's intent. If the lawyer intends to deceive a client, he or she may accomplish this by telling a lie or by withholding information. Deception by …
The Legal Ethics Of Fear: On The 1904 Report Of The Committee On Legal Ethics Of The Georgia Bar Association, Thomas L. Shaffer
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
It would be possible for me now to round off a courteous comment on the 1904 Report with a disquisition on gentleman's ethics in the legal profession. That would have been a less novel thing to do in 1904 than it is now, but at either time it can be supposed to have been expected and, by and large, understood. But I think we can learn more from the 1904 Report by taking a more contentious and somber look at Branham's words. I suggest that what the report shows is unpleasant, that the legal ethic recommended there to Georgia lawyers …
On Thinking Theologically About Lawyers As Counselors, Thomas L. Shaffer
On Thinking Theologically About Lawyers As Counselors, Thomas L. Shaffer
Journal Articles
Professor Morgan is more than gracious to me, his colleague in legal ethics. He understands, I think, that our little sub-discipline is an academic youngster—open, as children are, to insight and persuasion, willing to listen to almost anybody. I am grateful to him for his kind reference to my work. Along with other American law teachers, I am grateful for his leadership, critical thought, scholarly discussion, and example as one of the American legal profession's principal teachers of ethics.
My usefulness among commentators on Morgan's Thinking About Lawyers as Counselors, is probably that I write about legal ethics in reference …
Risks Of Violation Of Rules Of Professional Responsibility By Reason Of The Increased Disparity Among The States, Ted J. Fiflis
Risks Of Violation Of Rules Of Professional Responsibility By Reason Of The Increased Disparity Among The States, Ted J. Fiflis
Publications
No abstract provided.
Professionalism: Rekindled, Reconsidered Or Reformulated?, Nancy J. Moore
Professionalism: Rekindled, Reconsidered Or Reformulated?, Nancy J. Moore
Faculty Scholarship
It is increasingly commonplace for bar officials and others to decry what they see as a decline in "professionalism" among lawyers in recent years. For example, in 1984, former Chief Justice Warren Burger gave a speech to an ABA meeting in Las Vegas in which he chastised some members of the profession for taking their freedom to advertise as a "release from all professional restraints," as they use the "same modes of advertising as other commodities from mustard, cosmetics and laxatives to used cars.' 1 Catchy phrases, attractive well-dressed lawyers, and special rates on lossleader items are but some of …
The Politics Of Clinical Knowledge, Anthony V. Alfieri
Tape Recording Telephone Conversations--Is It Ethical For Attorneys?, Charles Adams
Tape Recording Telephone Conversations--Is It Ethical For Attorneys?, Charles Adams
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Infinity In A Grain Of Sand: The World Of Law And Lawyers As Portrayed In The Clinical Teaching Implicit In The Law School Curriculum, Howard Lesnick
Infinity In A Grain Of Sand: The World Of Law And Lawyers As Portrayed In The Clinical Teaching Implicit In The Law School Curriculum, Howard Lesnick
All Faculty Scholarship
No abstract provided.
Zealous Representation Bound: The Intersection Of The Ethical Codes And The Criminal Law, Bruce A. Green
Zealous Representation Bound: The Intersection Of The Ethical Codes And The Criminal Law, Bruce A. Green
Faculty Scholarship
Professional codes adopted by states and based on the Model Rules of Professional Conduct and the Model Code of Professional Responsibility govern lawyers' conduct. The ethical codes, however, fail to address many ethical questions confronting lawyers. In this Article, Professor Bruce Green highlights the ethical codes' weaknesses, particularly as they relate to the conduct of criminal defense attorneys. As he describes, the ethical codes require advocates to represent their clients "zealously," but, at the same time, "within the bounds of the law." When the codes do not proscribe conduct that would advance their clients' causes, conscientious advocates must consider whether …