Law Commons^™

1998 Survey Of Ethics In Land-Use Planning, Patricia E. Salkin

Scholarly Works

No abstract provided.

On Being A Muslim Corporate Lawyer, Azizah Y. Al-Hibri

Law Faculty Publications

It appears to me that religion subconsciously informs our individual professional practice and that a non-humanitarian form of secularism has quietly shaped our corporate laws. The attendant dissonance causes severe dissatisfaction, and at times even disfunction, in our society. The claim that our present corporate laws are imbued with a non-humanist secularist perspective deserves closer examination from a religious vantage point. Given our constitutional guarantees, our present legal structure appears to place undue burdens on persons of faith in this country. A more just balance between religious and various forms of secular perspectives is, I submit, a worthy goal for …

Four Remarkable Ohio Women Lawyers--The Cronise Sisters Of Tiffin, Florence Allen, And Cleveland Law School's "Hard-Boiled Mary'", Arthur R. Landever

Law Faculty Articles and Essays

Four Ohio Women blazed the trail. Among the early women lawyers in our state, they overcame resistance from the male bar or the culture of the day to distinguish themselves in the profession. Nettie Cronise was the first woman admitted to the Ohio bar. Her sister Florence followed, several months later. Florence Allen, admitted in 1914, became the nation's preeminent woman judge of her time. Mary Grossman, from Jewish immigrant roots, had a memorable career on the Cleveland Municipal Court. Why did these women choose law despite society's obstacles? What do they have to tell us?

Targeted, Direct-Mail Solicitation: Shapero V. Kentucky Bar Association Under Attack, Jeffrey S. Kinsler

Law Faculty Scholarship

Attorneys have been reluctant to take part in advertising and solicitation since the United States Supreme Court specifically allowed their use sixteen years ago. Of those attorneys who have advertised or solicited, most have used the traditional forms of advertising such as television, radio, and print media. Attorneys have been particularly averse to direct-mail solicitation, which may be the most effective form of advertisement. Prior to 1988, the scarcity of attorney solicitation could be explained by the unsettled nature of the governing law. In that year, however, the Supreme Court finally clarified the law regarding targeted, direct mail solicitation by …

Attitudinal Barriers To Hiring Attorneys With Disabilities, Michael Ashley Stein

Faculty Publications

No abstract provided.

Part-Time Prosecutors And Conflicts Of Interest: A Survey And Some Proposals, Richard H. Underwood

Law Faculty Scholarly Articles

For many jurisdictions, the need for part-time prosecutors is a reality that will continue into the foreseeable future. The daunting task of balancing a private practice with prosecutorial duties is made all the more difficult by the lack of a coherent set of guidelines for minimizing the impact of conflicts of interest. What is needed is a set of guidelines flexible enough to permit attorneys to balance the part-time prosecutor's dual practice yet concrete enough to protect the system and its participants from conflicts of interest. Of prime importance in establishing any such system is the need for a clear …

Consolidating Judgement Liens, Charles Shafer

All Faculty Scholarship

Winning a money judgment is often just the beginning of the lawyer's job in helping the client. The law places the burden on the judgment creditor to find and obtain sufficient assets to satisfy the judgment. There is no penalty (other than accruing interest) for a debtor's failure to pay a judgment creditor. For example, debtors do not have to fear jail in the vast majority of cases. But in attempting to satisfy judgments a lawyer in Maryland, as in other states, faces a thicket of statutes, court rules and case law that have grown up over the last two …

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 …

Lawyers As Officers Of The Court, Eugene R. Gaetke

Law Faculty Scholarly Articles

Lawyers like to refer to themselves as officers of the court. Careful analysis of the role of the lawyer within the adversarial legal system reveals the characterization to be vacuous and unduly self-laudatory. It confuses lawyers and misleads the public. The profession, therefore, should either stop using the officer of the court characterization or give meaning to it. This Article proposes certain modifications of the existing rules of professional responsibility that would bring lawyers' actual obligations more in line with those suggested by the label of officer of the court.

Reflections On Client Perjury, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Most experienced prosecutors, judges, and defense attorneys would probably agree that perjury in the criminal justice system occurs often. Although the frequency of perjury has never empirically been demonstrated, it is not surprising that with so much at stake, prosecution and defense witnesses would be tempted to fabricate testimony to meet the exigencies of the case. Detecting and dealing with perjurious testimony, however, is another matter. Implicated are complex legal and ethical problems for both prosecutors and defense attorneys. The judiciary's response to these problems, moreover, has largely been formalistic, without enunciating sufficiently clear standards to guide future behavior.

Attorney's Fee Statutes In Civil Litigation: The State Of The Art, Susan Bennett

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Legal Ethics And Class Actions: Problems, Tactics And Judicial Responses, Richard H. Underwood

Law Faculty Scholarly Articles

Perhaps no procedural innovation has generated more controversy than the class action. As Professor Arthur Miller has observed, debate over “class action problem[s]” has raged at several different levels. For example, opponents and proponents of class actions disagree on whether such actions produce socially desirable results in an economical fashion and whether an already overburdened judiciary can handle the additional supervisory demands of the class action. Recently, a somewhat more ideological dialogue has addressed the merit of publicly funded class actions. Such questions arise only indirectly in the context of class action litigation. However, a certain hostility toward class actions …

International Legal Standards Concerning The Independence Of Judges And Lawyers, Robert K. Goldman

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Some Patterns Of Violation Of The Independence Of Judges And Lawyers, Juan E. Mendez

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Kentucky Law Survey: Professional Responsibility, Eugene R. Gaetke, Rebecca G. Casey

Law Faculty Scholarly Articles

In the face of persistent criticism of the legal profession, from within as well as without, the Kentucky Supreme Court exhibits a certain degree of ambivalence toward issues of professional responsibility. This ambivalence manifests itself in two ways.

First, the Court's treatment of different categories of professional misconduct seems at times unjustifiably inconsistent. The Court reacts to certain misconduct in an almost uniformly harsh manner, evincing the attitude of a strict disciplinarian for the practicing bar. Occasionally, however, the Court responds to various other kinds of equally gross misconduct with apparently undue leniency. In such cases the Court seems to …

Choice Of Federal Or State Law For Attorneys' Professional Responsibility In Securities Matters, Ted J. Fiflis

Publications

Professional standards of duty are implicated in the federal securities laws in two types of cases: those instituted by the SEC to impose sanctions for lack of character or unethical conduct and those brought by the SEC or private parties for violations of substantive provisions of the securities laws. The question faced by Professor Fiflis is whether state or federal standards should define the duties imposed under these laws. He argues that the proper method of resolving this question is to apply an interest analysis. Analyzing the various state and federal interests leads Professor Fiflis to the conclusion that federal …

Presuming Lawyers Competent To Protect Fundamental Rights: Is It An Affordable Fiction?, Robert G. Lawson

Law Faculty Scholarly Articles

This article explores the ramifications of Wainwright v. Sykes, a case decided before the Supreme Court of the United States in 1977. The broad question before the Court in Sykes concerned the extent to which state prisoners should have access to federal court by use of the writ of habeas corpus. The narrow issue before the Court concerned the impact on a prisoner's claim for habeas relief of procedural defaults (such as a failure to object to evidence, a failure to perfect an appeal, etc.) that occur in the state proceeding under attack. In considering these important issues Justice …

A Higher Duty: A New Look At The Ethics Of The Corporate Lawyer, Harvey Frank

Faculty Publications

No abstract provided.

The Role Of The Law School In Continuing Legal Education, Robert R. Wright

Faculty Scholarship

No abstract provided.

Contracts With Indian Tribes

American Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-1899

Contracts with Indian Tribes. 21 Feb. SR 1328. 52-2, v2, 7p. [3073] Printing of exhibits relating to contracts between various Indian tribes and attorneys.

Letter From The Secretary Of The Interior In Response To Senate Resolution Of July 12, 1892, Relative To Money Paid To Attorneys On Behalf Of Indian Tribes.

American Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-1899

Money Paid to Attorneys on Behalf of Indian Tribes. 6 Jan. SED 23, 52-2, v2, 4p. [3056] Out of appropriations made during the 51st Congress; lists tribe, attorneys, and services performed.

Letter From The Secretary Of The Interior In Response To Senate Resolution Of June 1, 1892, Transmitting Certain Papers And Giving Information Relative To Certain Contracts Made With Indians, And The Relation Of Agents Or Attorneys To The Same.

American Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-1899

Contracts Made with Indians. 5 Jan. SED 18, 52-2, v1 , 786p. [3055] Concerning compensations made to attorneys representing various tribes in claims cases.

Letter From The Secretary Of The Interior, Transmitting A Letter Of The 16th Instant From The Commissioner Of Indian Affairs, Respecting The Large Sums Annually Expended For Attorneys' Fees By Different Indian Tribes, Recommending The Appointment Of An Officer For That Purpose

American Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-1899

Sums Expended for Attorney's Fees. [2076] By Indian tribes trying to collect funds due them by the U.S.