Law Commons^™

Dealing With Ethical Problems In Tax Practice, James P. Holden

William & Mary Annual Tax Conference

No abstract provided.

Owning And Controlling Technical Information, Vivian Weil

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society, April 5, 1990.

Greenmail, The Control Premium And Shareholder Duty, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Mandatory Pro Bono, Roger C. Cramton

Cornell Law Faculty Publications

Should lawyers be required to devote a portion of their time or money to public service activities? This issue, commonly referred to as "mandatory pro bono," is much discussed these days. The purpose of this article is to illuminate the policychoices before the profession by surveying the arguments for and against mandatory pro bono.

An Analysis Of Ethics Teaching In Law Schools: Replacing Lost Benefits Of The Apprentice System In The Academic Atmosphere, James E. Moliterno

Faculty Publications

No abstract provided.

Virtue And The Health Professions, Janet Pisaneschi

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society, February 8, 1991.

Discussion Paper: Does Federal Rule Of Civil Procedure 11 As Implemented And Applied Exceed The Delegated Authority Granted By Congress, J. Clay Smith Jr.

Selected Speeches

No abstract provided.

All That Glitters, Roger J. Miner '56

Bar Admissions

No abstract provided.

The Future Of Legal Ethics, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Some Ethical Considerations For Judicial Clerks, John Paul Jones

Law Faculty Publications

Since 1875, new law graduates have served judges of federal and state courts as legal researchers, executive assistants, and professional confidants. In return, the best of the newest lawyers have gotten a chance to complement their classroom education with field study of bench and bar-from behind the bench. The ideal relationship which should develop between law clerks and their judges is symbiotic: the judges enjoying the energies and fresh perspectives of brand new professionals rated top among their contemporaries by law professors, and the law clerks obtaining tutorials by senior jurists regarded as among the best by their former peers …

The Lawyer As Whistleblower: Confidentiality And The Government Lawyer, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Judicial Misconduct During Jury Deliberations, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The author considers the two principal types of improper judicial behavior that may occur during the jury deliberation process. Judicial conduct that attempts to place undue pressure on a jury to reach a verdict may include verdict-urging instructions, threats and intimidation, and inquiry into the numerical division of the jury on the merits of the verdict. Judicial participation in private, ex parte communications with jurors may also subvert orderly trial procedure and undermine the impartiality of the jury. Neither kind of judicial conduct may be allowed to compel a verdict from a jury.

Public Service By Public Servants, Lisa G. Lerman

Scholarly Articles

No abstract provided.

The Trouble With Legal Ethics, William H. Simon

Faculty Scholarship

Legal ethics is a disappointing subject. From afar, it seems exciting; it promises to engage the central normative commitments that make lawyering a profession and that account for much of the nonpecuniary appeal of the lawyer's role. Thus, when people see public spirit among lawyers threatened by commercial self-seeking, they often prescribe increased attention to the teaching and -discussion of legal ethics as a remedy.

But close up, legal ethics usually turns out to be dull and dispiriting. At most law schools, students find the course in legal ethics or professional responsibility boring and insubstantial, and faculty dread having to …

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

Journal Articles

The recurrent movement to call or recall lawyers to professionalism is a moral argument. It is an argument made to individual lawyers, a claim among lawyers, that professionalism has to do with being a good person.

I see two aspects to the claim that professionalism is a moral value: one aspect says to a person "be professional." It is an admonition to virtue. The other aspect says to a person, "be in the profession—be of it," with an appeal that seems familiar from other admonitions we have heard to align ourselves with groups that are supposed to make us better …

Wanted: Advertising Rules For Profession In Flux - The Supreme Court As Applicant, Ellen Y. Suni

Faculty Works

No abstract provided.

Punishing Ethical Violations: Aggravating And Mitigating Factors, H. Patrick Furman

Publications

No abstract provided.

Impeachment Exception To The Exclusionary Rules: Policies, Principles, And Politics, The , James L. Kainen

Faculty Scholarship

The exclusionary evidence rules derived from the Fourth, Fifth, and Sixth Amendments continue to play an important role in constitutional criminal procedure, despite the intense controversy that surrounds them. The primary justification for these rules has shifted from an "imperative of judicial integrity" to the "deterrence of police conduct that violates... [constitutional] rights." Regardless of the justification it uses for the rules' existence, the Supreme Court continues to limit their breadth "at the margin," when "the acknowledged costs to other values vital to a rational system of criminal justice" outweigh the deterrent effects of exclusion. The most notable limitation on …

The Ethics Of Emergency Lawyering, Barbara Glesner Fines

Faculty Works

The fast pace of modern law practice increasingly requires emergency lawyering: client situations that demand immediate attention and solution. Unlike medicine, however, the legal profession does not yet consider itself as having an emergency specialty. Yet, observation of today's law practice readily reveals that the analogy is accurate. The pressure of today's rapidly changing business climate, the complexity of legal regulations and relationships and the widening application of law to address a host of problems, all contribute to an increasing need for an immediate, available legal response: what I term here "emergency lawyering."

Viewing the delivery of legal services through …

Lawyers And Liberations, Robert E. Rodes

Journal Articles

The Jesuit educational tradition stresses the importance of service to the community and especially to its underprivileged members. Much of the discussion at the Ignatian Year celebration held at St. Louis University centered on the role of the law school in the Jesuit educational tradition. However, I would like to propose that this discussion take on a much larger focus.

The ideas of community service, solidarity with the poor and professionalism within an ethical context, although integral to the Jesuit tradition, are relevant to society as a whole. Furthermore, integration of these concepts into law school education is merely a …

Doing Business: The Management Of Uncertainty In Lawyers' Work, John Flood

Articles by Maurer Faculty

Apparently naive, but in fact not, is the question: What do lawyers do? Many scholars assume the central role of the lawyer is that of the advocate, but among lawyers working in law firms advocacy consumes little of their time. Similarly, the term lawyer provides hardly any meaning in itself. The research presented here is based on a participant-observation study of a corporate law firm. The central thesis proposed, in the light of case studies of the selling of shopping mall and the arranging of a bank loan, is that business lawyers are engaged in managing uncertainty for both their …

Confessions Of An Ethics Chairman, Richard H. Underwood

Law Faculty Scholarly Articles

This article responds to the critics of state bar ethics committees. Indirectly, it raises some questions about the need, or at least the extent of the need, for yet another law-related cottage industry (the for hire legal ethics consultant). It also provides some friendly advice for those well-meaning types in every jurisdiction who are perennially "reforming" or "energizing" their bar associations and demanding for the "membership" a dazzling new array of services. It discusses practical problems that have gone unmentioned in the limited literature, just as it takes issue with many of the assertions that have been made in that …