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Series

2001

Legal Ethics and Professional Responsibility

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Articles 1 - 30 of 76

Full-Text Articles in Law

Ethical Tax Problems In Tax Practice, L. Paige Marvel, Paula M. Junghans Dec 2001

Ethical Tax Problems In Tax Practice, L. Paige Marvel, Paula M. Junghans

William & Mary Annual Tax Conference

No abstract provided.


When Hope Unblooms: Chance And Moral Luck In The Fiction Of Thomas Hardy, Jil Larson Nov 2001

When Hope Unblooms: Chance And Moral Luck In The Fiction Of Thomas Hardy, Jil Larson

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 20, 2001.


Attorney Fact-Finding, Ethical Decision-Making And The Methodology Of Law, Robert Rubinson Oct 2001

Attorney Fact-Finding, Ethical Decision-Making And The Methodology Of Law, Robert Rubinson

All Faculty Scholarship

This Article explores the significance, challenges, and complexities of attorney fact-finding in ethical decision-making. Almost all discourse about legal ethics, from the pedagogical to the scholarly to the practical, takes facts for granted in order to focus on issues about ethical rules. The factual dimension of ethical decision-making, however, is critical to the decision-making process and can be subjected to rigorous and systematic study. Indeed, it is lawyers in a situation who engage in ethical decision-making, and such a situation entails the assimilation and interpretation of many sources of information. Such a process necessarily includes the motivations and ambivalence of ...


Nonlegal Regulation Of The Legal Profession: Social Norms In Professional Communities, W. Bradley Wendel Oct 2001

Nonlegal Regulation Of The Legal Profession: Social Norms In Professional Communities, W. Bradley Wendel

Cornell Law Faculty Publications

What should be done about lawyers who persist in violating ethical norms that are not embodied in positive disciplinary rules? That question has been a recurrent theme in recent legal ethics scholarship. One response has been to propose, experiment, amend, tinker, draft, comment, and redraft, in an attempt to codify the standard of conduct observed to be flouted widely by the practicing bar. Bar associations and courts are seemingly engaged in a never-ending process of promulgating new codes of professional conduct or rules of procedure under which lawyers may be sanctioned for such conduct as bringing frivolous lawsuits, abusing the ...


Lawyer Crimes: Beyond The Law?, Charles W. Wolfram Oct 2001

Lawyer Crimes: Beyond The Law?, Charles W. Wolfram

Cornell Law Faculty Publications



Now You See It, Now You Don't: Depublication And Nonpublication Of Opinions Raise Motive Questions, Bennett L. Gershman Oct 2001

Now You See It, Now You Don't: Depublication And Nonpublication Of Opinions Raise Motive Questions, Bennett L. Gershman

Pace Law Faculty Publications

The basis for these comments is a decision last year by the Eighth Circuit Court of Appeals in Anastasoff v. United States. The court held that an Eighth Circuit local rule, which authorized nonpublication of opinions and explicitly stated that unpublished opinions were to have no precedential effect, was unconstitutional. The panel, in an opinion by Judge Richard S. Arnold, reasoned that a court rule purporting to confer upon appellate judges an absolute power to decide which decisions would be binding and which would not be binding went well beyond the “judicial power” within the meaning of Article III of ...


Moral Philosophy Meets Social Work, Frederic G. Reamer Sep 2001

Moral Philosophy Meets Social Work, Frederic G. Reamer

Faculty Publications

In recent years, social workers have become increasingly aware of ethical dilemmas in practice. Beginning especially in the mid-to-late 1970s, social work's literature has included a steady stream of reflections on difficult moral choices involving conflicts among professional duties and obligations (Loewnberg and Dolgoff 1996; Congress 1998; Reamer 1998, 1999). To what extent do clients have the right to engage in self-harming behavior without interference? How should social workers allocate scarce or limited resources such as emergency services, shelter beds, funds, and even their own time? Is it ethically permissible for social workers to violate laws and regulations they ...


Hate And The Bar: Is The Hale Case Mccarthyism Redux Or A Victory For Racial Equality?, W. Bradley Wendel May 2001

Hate And The Bar: Is The Hale Case Mccarthyism Redux Or A Victory For Racial Equality?, W. Bradley Wendel

Cornell Law Faculty Publications

The application of the constitutional free expression guarantee to the activities of the organized bar is one of the most important unexplored areas of legal ethics. In this essay I will consider in particular the question of whether an applicant may be denied admission to the bar for involvement with hateful or discriminatory activities. This question reveals the tension between the first amendment principle, established after the agonizing struggles of the McCarthy era, that no one may be denied membership in the bar because of his or her beliefs alone, and the plenary authority of bar associations to make predictive ...


The Duty Of Confidentiality, Roger C. Cramton May 2001

The Duty Of Confidentiality, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.


Experience And Legal Ethics Teaching, James E. Moliterno Apr 2001

Experience And Legal Ethics Teaching, James E. Moliterno

Faculty Publications

No abstract provided.


Aggregation, Auctions, And Other Developments In The Selection Of Lead Counsel Under The Pslra, Jill E. Fisch Apr 2001

Aggregation, Auctions, And Other Developments In The Selection Of Lead Counsel Under The Pslra, Jill E. Fisch

Faculty Scholarship at Penn Law

No abstract provided.


The Judiciary In The United States: A Search For Fairness, Independence And Competence, Stephen J. Shapiro Apr 2001

The Judiciary In The United States: A Search For Fairness, Independence And Competence, Stephen J. Shapiro

All Faculty Scholarship

Alexander Hamilton referred to the judiciary as “the least dangerous branch” because it could neither make nor enforce the law without help from the other two branches of government. In the years since then, however, courts and judges in the United States have assumed a much more prominent role in society. American judges preside over criminal trials and sentence those convicted, decide all kinds of civil disputes, both large and small, and make important decisions involving families, such as child custody. They have also become the primary guarantors of the civil and constitutional rights of American citizens.

The case of ...


The Ethics Of Making The Body Beautiful: Lessons From Cosmetic Surgery For A Future Of Cosmetic Genetics, Sara Goering Apr 2001

The Ethics Of Making The Body Beautiful: Lessons From Cosmetic Surgery For A Future Of Cosmetic Genetics, Sara Goering

Center for the Study of Ethics in Society Papers

This piece was originally published in the Philosophy and Public Policy Quarterly, Spring 2001 issue (from the Maryland Institute for Philosophy and Public Policy).


When People Are The Means: Negotiating With Respect, Jonathan R. Cohen Apr 2001

When People Are The Means: Negotiating With Respect, Jonathan R. Cohen

UF Law Faculty Publications

Most scholarship on negotiation ethics has focused on the topics of deception and disclosure. In this Article, I argue for considering a related, but distinct, ethical domain within negotiation ethics. That domain is the ethics of orientation. In contrast to most forms of human interaction, a clear purpose of negotiation is to get the other party to take an action on one's behalf, or at least to explore that possibility. This gives rise to a core ethical tension in negotiation that I call the object-subject tension: how does one reconcile the fact that the other party is a potential ...


Morality, Motivation, And The Professionalism Movement, W. Bradley Wendel Apr 2001

Morality, Motivation, And The Professionalism Movement, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.


Session One: Limits On Misleading Conduct, Thomas Zlaket, William Reece Smith Jr., Nathan Crystal, Amy R. Mashburn Apr 2001

Session One: Limits On Misleading Conduct, Thomas Zlaket, William Reece Smith Jr., Nathan Crystal, Amy R. Mashburn

UF Law Faculty Publications

A Transcript Featuring the Honorable Thomas Zlaket, Wm. Reece Smith, Jr., Esq., Professor Nathan Crystal, and Professor Amy Mashburn, Moderator from the symposium - Ethical Issues in Settlement Negotiations, Session One: Limits on Misleading Conduct.


3rd Annual Computer & Technology Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law Mar 2001

3rd Annual Computer & Technology Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 3rd Annual Computer & Technology Law Institute held by UK/CLE in March 2001.


Learning To Be A Lawyer: Transition Into Practice Pilot Project, Sally Evans Winkler, C. Ronald Ellington, John T. Marshall Feb 2001

Learning To Be A Lawyer: Transition Into Practice Pilot Project, Sally Evans Winkler, C. Ronald Ellington, John T. Marshall

Popular Media

"A law student, upon graduation, is not a finished product," a respected law school dean observed. A practicing lawyer might add: "A lawyer, upon passage of the Bar examination, is not a finished product." To determine ways new lawyers can be helped in moving up the steep learning curve that separates law students from competent professionals, the State Bar of Georgia, through its Committee on the Standards of the Profession, is conducting a Transition into Practice Pilot Project.


Morality And God, John Hare Feb 2001

Morality And God, John Hare

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, January 18,2001 with the title, "Does Morality Need God?"


The Principles Of Justice, Richard W. Wright Jan 2001

The Principles Of Justice, Richard W. Wright

All Faculty Scholarship

No abstract provided.


A Preacher's Teacher: Lessons On Ministry From One Who Proclaims The Word, Craig Mousin Jan 2001

A Preacher's Teacher: Lessons On Ministry From One Who Proclaims The Word, Craig Mousin

Mission and Ministry Publications

No abstract provided.


Preliminary Reflections On The Professional Development Of Solo And Small Law Firm Practitioners, Leslie Levin Jan 2001

Preliminary Reflections On The Professional Development Of Solo And Small Law Firm Practitioners, Leslie Levin

Faculty Articles and Papers

Solo and small law firm practitioners have long been regarded as marginal, unmentored, unethical and inadequately trained members of the legal profession. Yet technological advances and demographic changes in this segment of the bar suggest reasons for re-examining this view. In an effort to gain a clearer understanding of the current state of the professional development of these lawyers, 41 solo and small firm practitioners in the New York City metropolitan area were interviewed about their work lives and professional development. The questions posed were designed to explore how, if at all, office settings, mentors and other colleagues contribute to ...


The Next Century Of Legal Thought, Steven L. Winter Jan 2001

The Next Century Of Legal Thought, Steven L. Winter

Law Faculty Research Publications

No abstract provided.


Taking Action Against Auctions: The Third Circuit Task Force Report, Jill E. Fisch Jan 2001

Taking Action Against Auctions: The Third Circuit Task Force Report, Jill E. Fisch

Faculty Scholarship at Penn Law

No abstract provided.


Through The Lens Of The Sequence, Ellen Wright Clayton Jan 2001

Through The Lens Of The Sequence, Ellen Wright Clayton

Vanderbilt Law School Faculty Publications

The completion of the rough draft of the human genome is a scientific feat worthy of celebration. But the media attention that has been devoted to the Human Genome Project demonstrates that most people are not as interested in what the sequence is as in what it means for individuals and for society, for good or for ill. My purpose in writing this essay is to discuss how the project was conducted here in the United States, and some of the implications of knowing the sequence (or more aptly, a sequence).


Two Men On A Plank, Claire Oakes Finkelstein Jan 2001

Two Men On A Plank, Claire Oakes Finkelstein

Faculty Scholarship at Penn Law

No abstract provided.


Renewable Bar Admission: A Template For Making "Professionalism" Real, Jayne W. Barnard Jan 2001

Renewable Bar Admission: A Template For Making "Professionalism" Real, Jayne W. Barnard

Faculty Publications

The citizens of this country should expect no less than the highest degree of professionalism when they have entrusted administration of the rule of law-one of the fundamental tenets upon which our society is based-to the legal profession. Re-examination was not originally required of medical specialists, but [the American Board of Medical Specialties] quickly recognized that a lifetime certification, even with required continuing education provided little incentive for doctors to keep up with new medical knowledge and techniques. Similarly, continuing [legal] education requirements alone are not sufficient to assure the integration of new law and procedure into a lawyer's ...


Jurisprudence Noire, Pierre Schlag Jan 2001

Jurisprudence Noire, Pierre Schlag

Articles

No abstract provided.


The Lawyerland Essays: Introduction, Pierre Schlag Jan 2001

The Lawyerland Essays: Introduction, Pierre Schlag

Articles

No abstract provided.


The Ermine And Woolsack: Disciplinary Proceedings Involving Judges, Attorney-Magistrates, And Other Judicial Figures, David R. Cleveland, Jason Masimore Jan 2001

The Ermine And Woolsack: Disciplinary Proceedings Involving Judges, Attorney-Magistrates, And Other Judicial Figures, David R. Cleveland, Jason Masimore

Law Faculty Publications

No abstract provided.