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2013

Legal Ethics and Professional Responsibility

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Full-Text Articles in Law

Solving Your Ethical Conundrums: Researching The Rules Of Professional Conduct, Joyce Manna Janto Dec 2013

Solving Your Ethical Conundrums: Researching The Rules Of Professional Conduct, Joyce Manna Janto

Law Faculty Publications

Ms. Janto provides a practical guide to researching issues of attorney professional responsibilities using both print and online resources, emphasizing Virginia rules and decisions.


In Search Of Core Values, W. Bradley Wendel Dec 2013

In Search Of Core Values, W. Bradley Wendel

Cornell Law Faculty Publications

A consensus appears to have emerged among American lawyers that globalization and information technology are transforming the practice of law in fundamental ways. In particular, non-lawyers are increasingly involved in what has traditionally been defined as the practice of law. Scholars such as Richard Susskind, in the United Kingdom, and Thomas Morgan, in the United States, have hypothesized that lawyers may be going the way of wheelwrights, cordwainers or mercers (traders in fine cloths and silks), and that one day in the not-so-distant future we will consider the profession of lawyer as something to be studied historically, wonder why lawyers ...


Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (June 28, 2010), Indian Law Resource Center Nov 2013

Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (June 28, 2010), Indian Law Resource Center

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

3 pages.

"June 28, 2010"


Free, Prior And Informed Consent: Ilo 169 And Undrip, Kelsey Peterson Nov 2013

Free, Prior And Informed Consent: Ilo 169 And Undrip, Kelsey Peterson

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

2 pages.

"Kelsey Peterson, American Indian Law Program Fellow, University of Colorado Law School Class of 2015"


Agenda: Free, Prior And Informed Consent: Pathways For A New Millennium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law. American Indian Law Program Nov 2013

Agenda: Free, Prior And Informed Consent: Pathways For A New Millennium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law. American Indian Law Program

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

Presented by the University of Colorado's American Indian Law Program and the Getches-Wilkinson Center for Natural Resources, Energy & the Environment.

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), along with treaties, instruments, and decisions of international law, recognizes that indigenous peoples have the right to give "free, prior, and informed consent" to legislation and development affecting their lands, natural resources, and other interests, and to receive remedies for losses of property taken without such consent. With approximately 150 nations, including the United States, endorsing the UNDRIP, this requirement gives rise to emerging standards, obligations, and opportunities ...


Principles Of International Law For Multilateral Development Banks: The Obligation To Respect Human Rights, Robert T. Coulter, Leonardo A. Crippa, Emily Wann Nov 2013

Principles Of International Law For Multilateral Development Banks: The Obligation To Respect Human Rights, Robert T. Coulter, Leonardo A. Crippa, Emily Wann

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

41 pages.

"January, 2009"

www.indianlaw.org


Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (United Nations Workshop, 17-19 January 2005), Indian Law Resource Center Nov 2013

Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (United Nations Workshop, 17-19 January 2005), Indian Law Resource Center

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

3 pages.

U.N. Doc PFII/2004/WS.2/6


Redefining Professionalism? Florida's Code Mandating The Aspirational Raises Challenging Questions, Keith W. Rizzardi Nov 2013

Redefining Professionalism? Florida's Code Mandating The Aspirational Raises Challenging Questions, Keith W. Rizzardi

Professionalism Research Library

Responding to continued criticism of the legal profession, Florida recently adopted a new Code for Resolving Professionalism Complaints (professionalism code). The new requirements transform the aspiration of professionalism into a mandate, but important questions remain as to the meaning of key terms and the methods of implementation. In its opinion approving the professionalism code, the Florida Supreme Court stated that Florida lawyers had “traditionally followed a more passive, academic approach to enhance and improve professionalism.” In other words, the combination of continuing legal education programs, speeches, contests, and meetings — methods once called “procedural professionalism” in a 2005 Florida Bar Journal ...


The Ethics Of Lobbying Under The District Of Columbia Rules Of Professional Conduct, Michael S. Frisch Oct 2013

The Ethics Of Lobbying Under The District Of Columbia Rules Of Professional Conduct, Michael S. Frisch

Georgetown Law Faculty Publications and Other Works

The District of Columbia is the epicenter of lobbying in the United States. With the presence of the Congress, the Executive Branch and its various Departments and independent agencies, few industries, trade associations or large businesses lack a Washington-based government relations arm. Law firms and lawyers fill in the gaps for those entities that lack a Washington presence or supplement in-house staffing with additional expertise and contacts.

Under these circumstances, it should come as no surprise that the bar authorities in the District of Columbia have examined the issue of lawyers and lobbying and implemented rules that differ from the ...


Herrera Names Peter Keane To San Francisco Ethics Commission, Matt Dorsey Oct 2013

Herrera Names Peter Keane To San Francisco Ethics Commission, Matt Dorsey

Articles About Faculty

City Attorney Dennis Herrera today named law professor and law school dean emeritus Peter Keane to the San Francisco Ethics Commission. Keane brings a wealth of experience in law and government ethics issues to the five-member panel, which is charged with serving citizens, public officials and political candidates through education and enforcement of ethics laws and regulations.


Summary Of In Re Discipline Of Serota, 129 Nev. Adv. Op. 66, Keivan Roebuck Oct 2013

Summary Of In Re Discipline Of Serota, 129 Nev. Adv. Op. 66, Keivan Roebuck

Nevada Supreme Court Summaries

The court determined whether an attorney’s misappropriation of $319,000 of a client’s funds warrants disbarment from the practice of law.


Something Bad In Your Briefs, Richard H. Underwood Oct 2013

Something Bad In Your Briefs, Richard H. Underwood

Law Faculty Scholarly Articles

In a profession heavily driven by writing, plagiarism is an ethical issue that plagues the legal community. The legal profession generally views plagiarism as unethical, but often sends mixed messages by condemning it in some settings, but not others. In this short Commentary, Professor Underwood discusses the ethical implications of plagiarism in legal writing.


The Use Of Design Patents To Protect Apparel Dresses, 1910 To 1950, Sara B. Marcketti, Jean L. Parsons Oct 2013

The Use Of Design Patents To Protect Apparel Dresses, 1910 To 1950, Sara B. Marcketti, Jean L. Parsons

Apparel, Events and Hospitality Management Conference Proceedings and Presentations

Intellectual property pertains to the intangible aspects of the mind. Design piracy of apparel is possible within the United States because intellectual property rights do not fully protect clothing design. The purpose of this study was to examine the efforts of apparel designers and apparel companies to protect their fashion designs through patents.


Is It Time For Real Reform: Nysba's 20 Years Of Examining The Bar Exam, Mary A. Lynch, Kim Diana Connolly Sep 2013

Is It Time For Real Reform: Nysba's 20 Years Of Examining The Bar Exam, Mary A. Lynch, Kim Diana Connolly

Journal Articles

No abstract provided.


Ethics, Corporate Social Responsibility, And Sustainability Education In Aacsb Undergraduate And Graduate Marketing Curricula: A Benchmark Study, Jeananne Nicholls, Joseph F. Hair, Charles B. Ragland, Kurt E. Schimmel Aug 2013

Ethics, Corporate Social Responsibility, And Sustainability Education In Aacsb Undergraduate And Graduate Marketing Curricula: A Benchmark Study, Jeananne Nicholls, Joseph F. Hair, Charles B. Ragland, Kurt E. Schimmel

Faculty Publications

AACSB International advocates integration of ethics, corporate social responsibility, and sustainability in all business school disciplines. This study provides an overview of the implementation of these three topics in teaching initiatives and assessment in business schools accredited by AACSB International. Since no comprehensive studies have been conducted for the marketing area, the results provide benchmarks as well as thought-provoking material to initiate business school and marketing faculty discussions on integrating the three topics into their curricula.


Juxtaposing Nasa’S Aeronet Aod With Carb Pm Data Over The San Joaquin Valley To Facilitate Multi-Angle Imaging Spectroradiometer (Misr) Pm Pollution Research, John Kanemoto Aug 2013

Juxtaposing Nasa’S Aeronet Aod With Carb Pm Data Over The San Joaquin Valley To Facilitate Multi-Angle Imaging Spectroradiometer (Misr) Pm Pollution Research, John Kanemoto

STAR (STEM Teacher and Researcher) Presentations

Airborne particulate matter (PM) has been shown to increase the risk for asthma, chronic bronchitis, cardiopulmonary complications, and respiratory cell membrane damage/infection/leakage. PM levels are currently analyzed from two perspectives: stationary land-based monitoring (LBM) sites and total Aerosol Optical Depth (AOD) atmospheric column measurements. Both perspectives often leave miles of space between measuring locations and will have a continually increasing cost from introducing/maintaining sites. The Multi-angle Imaging SpectroRadiometer (MISR) satellite team hopes to begin investigating/archiving PM levels comprehensively via inputting MISR AOD measurements into a function/model which predicts the amount of ground level PM.

In ...


Report Of The Standing Advisory Commmitee On The Rules Of Professional Conduct, Massachusetts Supreme Judicial Court Standing Advisory Committee On The Rules Of Professional Conduct, R. Michael Cassidy Aug 2013

Report Of The Standing Advisory Commmitee On The Rules Of Professional Conduct, Massachusetts Supreme Judicial Court Standing Advisory Committee On The Rules Of Professional Conduct, R. Michael Cassidy

Boston College Law School Faculty Papers

No abstract provided.


Summary Of Moon V. Mcdonald Carano Wilson, Llp, 129 Nev. Adv. Op. 56, David Rothenberg Aug 2013

Summary Of Moon V. Mcdonald Carano Wilson, Llp, 129 Nev. Adv. Op. 56, David Rothenberg

Nevada Supreme Court Summaries

Appeal from a district court judgment in a legal malpractice action claiming the statute of limitations to file suit had not run and that the litigation-tolling rule should apply. The Court determined that McDonald Carano Wilson, LLP did not represent appellant during litigation and litigation-tolling rule did not apply. The Court affirmed the district court's judgment.


The Priority Of Persons Revisited, John Finnis Jun 2013

The Priority Of Persons Revisited, John Finnis

Journal Articles

This essay, in the context of a conference on justice, reviews and reaffirms the main theses of “The Priority of Persons” (2000), and supplements them with the benefit of hindsight in six theses. The wrongness of Roe v. Wade goes wider than was indicated. The secularist scientistic or naturalist dimension of the reigning contemporary ideology is inconsistent with the spiritual reality manifested in every word or gesture of its proponents. The temporal continuity of the existence of human persons and their communities is highly significant for the common good, which is the point and measure of social justice, properly understood ...


Early Disclosure Would Gut Judicial Complaint System, Susan Rutberg, Peter Keane May 2013

Early Disclosure Would Gut Judicial Complaint System, Susan Rutberg, Peter Keane

Publications

No abstract provided.


In Defense Of The Business Of Law, Judith A. Mcmorrow May 2013

In Defense Of The Business Of Law, Judith A. Mcmorrow

Boston College Law School Faculty Papers

This article focuses on three current professionalism challenges in the U.S. legal profession: (i) the problem of neglect, poor client communication, and poor management of client funds; (ii) the need to improve the ethical infrastructures in practice settings to enhance both routine practice and ethical decision-making when lawyers confront ethical challenges; and (iii) the challenge of providing legal services to the poor and working class. For each, it turns out that improving adherence to core values requires not just training lawyers to internalize a model of professionalism, and a continuing commitment to self-regulation in some form, but also implementing ...


Ethical Issues In Mass Tort Plaintiffs' Representation: Beyond The Aggregate Settlement Rule, Nancy Moore May 2013

Ethical Issues In Mass Tort Plaintiffs' Representation: Beyond The Aggregate Settlement Rule, Nancy Moore

Faculty Scholarship

Those who have addressed ethics issues for plaintiffs’ lawyers in mass tort litigation have focused on possible reform of the aggregate settlement rule to facilitate global settlements. This Article addresses a broader range of ethical issues, including (1) application of the general conflicts of interest rule to both client-client and client-lawyer conflicts; (2) unresolved issues concerning the interpretation of the current aggregate settlement rule, including the need to disclose client names and the applicability of the rule to court-approved settlements and formula or matrix allocations; and (3) the ability of lawyers to voluntarily withdraw from representing plaintiffs who reject an ...


“Harmonizing Current Threats: Using The Outcry For Legal Education Reforms To Take Another Look At Civil Gideon And What It Means To Be An American Lawyer”, Cathryn A. Miller-Wilson Apr 2013

“Harmonizing Current Threats: Using The Outcry For Legal Education Reforms To Take Another Look At Civil Gideon And What It Means To Be An American Lawyer”, Cathryn A. Miller-Wilson

Working Paper Series

Drawing from the broad and varied literature on legal ethics, the paper demonstrates that legal education and access to justice concerns can and should be addressed simultaneously in our current political and economic climate. Current threats to legal education, and to lawyering in general, present an opportunity for legal education transformation. Applying legal ethics theory to an analysis of these threats provides support for the creation of teaching law firms, similar in size and scope to teaching hospitals, that will employ clinical teaching methodology, substantially enhance ethics teaching and significantly address the issue of access to justice.


Summary Of Ivey V. Dist. Ct., 129 Nev. Adv. Op. 16, David H. Rigdon Mar 2013

Summary Of Ivey V. Dist. Ct., 129 Nev. Adv. Op. 16, David H. Rigdon

Nevada Supreme Court Summaries

This is an original petition for a writ of mandamus or prohibition challenging a district court order denying a request to recuse a district court judge in a family law action. Petitioner asserted that campaign contributions to the reelection campaign of the judge assigned to the case, provided by her ex-husband, his lawyers, and others connected to the divorce, required recusal under the Due Process Clause of the United States Constitution, as well as N.R.S. 1.230 and the Nevada Code of Judicial Conduct.


Journey Of A Peace Journalist, Robert Koehler Mar 2013

Journey Of A Peace Journalist, Robert Koehler

Center for the Study of Ethics in Society Papers

Presented October 15, 2012. 2012 Winnie Veenstra Peace Lecture.


How Lawyers' Intuitions Prolong Litigation, Andrew J. Wistrich, Jeffrey J. Rachlinski Mar 2013

How Lawyers' Intuitions Prolong Litigation, Andrew J. Wistrich, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

Most lawsuits settle, but some settle later than they should. Too many compromises occur only after protracted discovery and expensive motion practice. Sometimes the delay precludes settlement altogether. Why does this happen? Several possibilities—such as the alleged greed of lawyers paid on an hourly basis—have been suggested, but they are insufficient to explain why so many cases do not settle until the eve of trial. We offer a novel account of the phenomenon of settling on the courthouse steps that is based upon empirical research concerning judgment and choice. Several cognitive illusions—the framing effect, the confirmation bias ...


Unto Whom Much Is Given, James R. Rasband Feb 2013

Unto Whom Much Is Given, James R. Rasband

Vol. 3: Religious Conviction

This address was given to entering law students at BYU Law School on August 19, 2009.


Liberty, Civility, And Professionalism, Ming W. Chin Feb 2013

Liberty, Civility, And Professionalism, Ming W. Chin

Vol. 3: Religious Conviction

This address was given at the Orrin G. Hatch Distinguished Trial Lawyer Lecture Series at BYU Law School on November 7, 2008.


The 21st Century As The Century Of Duties?, John W. Welch Feb 2013

The 21st Century As The Century Of Duties?, John W. Welch

Vol. 3: Religious Conviction

This address was given at the J. Reuben Clark Law Society Conference at Stanford University on February 16, 2012.


Heroes For Our Time: Going Beyond Ethical Codes, Thomas D. Morgan Feb 2013

Heroes For Our Time: Going Beyond Ethical Codes, Thomas D. Morgan

Vol. 3: Religious Conviction

This J. Reuben Clark Law School convocation address was given at the Provo Tabernacle on April 24, 1992.