Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Labor and Employment Law (3)
- Law and Society (3)
- Legal Ethics and Professional Responsibility (3)
- Constitutional Law (2)
- Dispute Resolution and Arbitration (2)
-
- Legal Profession (2)
- Legislation (2)
- Business Organizations Law (1)
- Civil Rights and Discrimination (1)
- Consumer Protection Law (1)
- Courts (1)
- Fourteenth Amendment (1)
- Jurisprudence (1)
- Law and Politics (1)
- Legal Education (1)
- Legal History (1)
- Legal Writing and Research (1)
- President/Executive Department (1)
- Public Law and Legal Theory (1)
- Religion Law (1)
- Securities Law (1)
- Supreme Court of the United States (1)
- Taxation-Federal (1)
- Keyword
-
- NLRA (2)
- National Labor Relations Act (2)
- Society of Professionals in Dispute Resolution (2)
- ADR (1)
- ADR neutrals (1)
-
- Abuse of rights; employment law; contracts; leases; abusive termination (1)
- African Americans (1)
- Alternative Dispute Resolution (1)
- American Arbitration Association (1)
- American Bar Association Model Rules of Professional Conduct (1)
- Arthur Browne; admiralty; maritime law; maritime transport (1)
- Civil War (1)
- Classroom (1)
- Collective action (1)
- Collective bargaining (1)
- Constitution (1)
- Constitution; articles of confederation; framers; history (1)
- Corporate liability (1)
- Corporate responsibility (1)
- Donald Nieman (1)
- Ethical guidelines (1)
- Ethical standards (1)
- Federal bills of lading act; harter act; uniform commerical code; carriage of goods by sea; common law; supreme court (1)
- Federal judicial proceedings (1)
- Fifteenth Amendment (1)
- Fordham Law School (1)
- Fordham University School of Law (1)
- Habeas corpus; federal courts; constitution; state courts; slavery; military court (1)
- Immigrant worker (1)
- Jewish ethics (1)
Articles 1 - 20 of 20
Full-Text Articles in Law
Whose Rules Of Professional Conduct Should Govern Lawyers In Federal Court And How Should The Rules Be Created , Bruce A. Green
Whose Rules Of Professional Conduct Should Govern Lawyers In Federal Court And How Should The Rules Be Created , Bruce A. Green
Faculty Scholarship
At present, the rules of professional conduct applied in federal judicial proceedings vary from district to district. In reaction to this problem, the Judicial Conference of the United States is studying the question of whether a uniform set of rules of professional conduct should apply in federal judicial proceedings and, if so, what the nature of the rules should be and how they should be developed. The principal proposals under consideration are the adoption of a uniform set of federal rules based on the American Bar Association Model Rules of Professional Conduct or the adoption of a requirement that each …
Abuse Of Rights: A Pervasive Legal Concept, Joseph Perillo
Abuse Of Rights: A Pervasive Legal Concept, Joseph Perillo
Faculty Scholarship
No abstract provided.
Admiralty Law Of Arthur Browne, Joseph Sweeney
Admiralty Law Of Arthur Browne, Joseph Sweeney
Faculty Scholarship
No abstract provided.
Standards Of Conduct For Mediators, John D. Feerick
Standards Of Conduct For Mediators, John D. Feerick
Faculty Scholarship
In 1992, the American Arbitration Association, the American Bar Association, and the Society of Professionals in Dispute Resolution (SPIDR) formed a joint committee to develop a code of conduct for mediators. After more than two years of work, the committee completed and submitted Standards of Conduct for Mediators for approval to their respective associations. The purpose was to develop a set of standards that could serve as a general framework for mediators, providing them with a helpful tool in their practice. The standards were to be broad enough to cover all types of mediation and flexible enough to evolve over …
Standards Of Professional Conduct In Alternative Dispute Resolution Symposium, John D. Feerick, Carol Izumi, Kimberlee Kovach, Lela Love
Standards Of Professional Conduct In Alternative Dispute Resolution Symposium, John D. Feerick, Carol Izumi, Kimberlee Kovach, Lela Love
Faculty Scholarship
ADR is unique in being interdisciplinary and interprofessional. ADR neutrals perform in a distinctive role and not as members of their own profession. The ADR process demands adherence to policies like voluntariness, respect for party autonomy, and confidentiality, which, in turn, make special ethical demands on ADR neutrals. Thus there are compelling reasons to contemplate an interdisciplinary code of conduct that addresses the professional duties and obligations of ADR neutrals. Standards of conduct for ADR has been a much discussed and debated topic over the past decade, both as to source and content. The two principal sources of standards have …
We Make The Road By Walking: Immigrant Workers, The Workplace Project, And The Struggle For Social Change Symposium: Economic Justice In America's Citie: Visions And Revisions Of A Movement, Jennifer Gordon
Faculty Scholarship
This Article addresses the problems faced by immigrant workers on Long Island. Part I briefly examines the transition on Long Island from an economy based on manufacturing to one based on services, as well as the growth of the underground economy. Part II addresses the failure of government agencies, legal services centers, and unions to confront the problems faced by immigrant workers in this period of economic transition. Part III presents the Workplace Project model as an alternative to those institutions. Part IV offers a critique of the Project, focusing on the conflict between providing individual legal representation and organizing …
To Save A Life: Why A Rabbi And A Jewish Lawyer Must Disclose A Client Confidence Symposium: Executing The Wrong Person: The Professionals' Ethical Dilemmas, Russell G. Pearce
To Save A Life: Why A Rabbi And A Jewish Lawyer Must Disclose A Client Confidence Symposium: Executing The Wrong Person: The Professionals' Ethical Dilemmas, Russell G. Pearce
Faculty Scholarship
As adopted by courts and legislatures, lawyer's ethical codes have the force of law. They require a lawyer to keep information confidential unless the lawyer knows the client will commit a future crime. Jewish tradition generally forbids the disclosure of confidential information as "a terrible invasion of another person's privacy."This interdiction, rooted in the Torah's prohibition on talebearing, applies even when the information disclosed is true. The great medieval commentator, Maimonides, observed that gossip "ruins the world.” He further reproached "the evil tongue of the slander-monger who speaks disparagingly of one's fellow, even if the truth is told." Accordingly, the …
Twenty-Fifth Amendment: An Explanation And Defense, The, John D. Feerick
Twenty-Fifth Amendment: An Explanation And Defense, The, John D. Feerick
Faculty Scholarship
In this article, Dean Feerick reviews the history of presidential succession before the Twenty-fifth Amendment's ratification, the debate and discussion leading to the amendment's adoption, and current criticisms of the amendment from the medical and political community. In particular, Feerick addresses current suggestions for the creation of an independent medical panel to determine presidential inability. He argues that such a panel would be contrary to both the principle of separation of powers and the philosophy of the Twenty-fifth Amendment that those closest to the President ,and those accountable to the public, should be entrusted with the power to declare a …
Professionalism Paradigm Shift: Why Discarding Professional Ideology Will Improve The Conduct And Reputation Of The Bar, The, Russell G. Pearce
Professionalism Paradigm Shift: Why Discarding Professional Ideology Will Improve The Conduct And Reputation Of The Bar, The, Russell G. Pearce
Faculty Scholarship
The Article explains how the Professionalism Paradigm distinguishes between self-interested businesspersons and altruistic professionals who place the public good above their own interests and those of their clients. The legal profession has used this Business-Profession dichotomy to obtain control of the delivery legal services, including a legislative monopoly on the practice of law. Today, the Professionalism Paradigm faces a crisis as leading lawyers, judges, and scholars complain that law has become a business and is no longer a profession. The Article “identifies this shift as a time for hope rather than as a cause for despair. Applying Thomas S. Kuhn's …
The Ghost At The Banquet: Slavery, Federalism, And Habeas Corpus For State Prisoners, Marc Arkin
The Ghost At The Banquet: Slavery, Federalism, And Habeas Corpus For State Prisoners, Marc Arkin
Faculty Scholarship
No abstract provided.
Policing Federal Prosecutors: Do Too Many Regulators Produce Too Little Enforcement?, Bruce A. Green
Policing Federal Prosecutors: Do Too Many Regulators Produce Too Little Enforcement?, Bruce A. Green
Faculty Scholarship
No abstract provided.
History 'Lite' In Modern American Constitutionalism, Martin S. Flaherty
History 'Lite' In Modern American Constitutionalism, Martin S. Flaherty
Faculty Scholarship
No abstract provided.
The Fundamental Role Of Privacy And Confidence In The Network, Joel R. Reidenberg
The Fundamental Role Of Privacy And Confidence In The Network, Joel R. Reidenberg
Faculty Scholarship
No abstract provided.
Collisions Involving Tugs And Tows, Joseph Sweeney
Collisions Involving Tugs And Tows, Joseph Sweeney
Faculty Scholarship
No abstract provided.
Nonrecourse Debt Revisited, Restructured And Redefined , Linda Sugin
Nonrecourse Debt Revisited, Restructured And Redefined , Linda Sugin
Faculty Scholarship
This article suggests that the foundation for the tax treatment of nonrecourse debt under current law-the true debt approach-is unworkable. It does not reflect economic reality or correctly measure income. It leads to bizarre and unpredictable consequences, and invites abuse, such as inflated seller financing and deduction shifting from low bracket to high bracket taxpayers. Much has been written about the role of nonrecourse debt in making abusive tax shelters profitable, and while abusive tax shelters no longer abound as they once did, nonrecourse debt continues to pose serious problems, even in the post-Tax Reform Act of 19862 era. If …
Reflections On Group Action And The Law Of The Workplace Symposium: The Changing Workplace, James J. Brudney
Reflections On Group Action And The Law Of The Workplace Symposium: The Changing Workplace, James J. Brudney
Faculty Scholarship
Sixty years after the National Labor Relations Act (NLRA) was passed, collective action appears moribund. Current analysis burying and praising the NLRA has focused primarily on the changed economic realities of the product and labor markets. Yet there is another story to be told involving a comparable transformation of the legal culture. Relying in part on empirical analysis of court decisions, I argue that changes in federal workplace law over the past thirty years have undermined the concept of group action-in particular collective bargaining-as a preferred means of regulating the employment relationship. These changes are the product of leading institutional …
Famous Victory: Collective Bargaining Protections And The Statutory Aging Process, A , James J. Brudney
Famous Victory: Collective Bargaining Protections And The Statutory Aging Process, A , James J. Brudney
Faculty Scholarship
When it enacted the National Labor Relations Act in 1935, Congress gave statutory recognition to collectively bargained terms and conditions of employment. In recent decades, the number of cases in which the Supreme Court has interpreted the NLRA has declined, leaving the Act's interpretation and enforcement primarily to the National Labor Relations Board and the federal courts of appeals. In this Article, Professor Brudney presents the results of his study of 1,224 NLRB adjudications and their fate upon federal court review, from 1986 to 1993. Professor Brudney analyzes the reversal and affirmance data, and identifies areas of general Board-court agreement …
Reflections On From Slaves To Citizens Bondage, Freedom And The Constitution: The New Slavery Scholarship And Its Impact On Law And Legal Historiography, Robert J. Kaczorowski
Reflections On From Slaves To Citizens Bondage, Freedom And The Constitution: The New Slavery Scholarship And Its Impact On Law And Legal Historiography, Robert J. Kaczorowski
Faculty Scholarship
The thesis of Professor Donald Nieman's paper, "From Slaves to Citizens: African-Americans, Rights Consciousness, and Reconstruction," is that the nation experienced a revolution in the United States Constitution and in the consciousness of African Americans. According to Professor Nieman, the Reconstruction Amendments represented "a dramatic departure from antebellum constitutional principles,"' because the Thirteenth Amendment reversed the pre-Civil War constitutional guarantee of slavery and "abolish[ed] slavery by federal authority." The Fourteenth Amendment rejected the Supreme Court's "racially-based definition of citizenship [in Dred Scott v. Sandford4], clearly establishing a color-blind citizenship” and the Fifteenth Amendment "wrote the principle of equality into the …
Is Unlimited Liability Really Unattainable: Of Long Arms And Short Sales, Mark R. Patterson
Is Unlimited Liability Really Unattainable: Of Long Arms And Short Sales, Mark R. Patterson
Faculty Scholarship
Unlimited shareholder liability would radically change the way we look at corporations. In an unlimited-liability world, one part at least of the veil between corporation and shareholder would no longer exist. As a result, the relationship between corporation and shareholder would be, both in law and in fact,much closer than it is currently. The two parts of this change-the legal and the factual-would reinforce each other. The legal change would be reflected in court decisions enforcing unlimited liability Regardless of the exact contours that decisions in this area took initially, there would be at least some shareholders-mutual funds, for example--whom …
Contextualizing Professional Responsibility: A New Curriculum For A New Century Teaching Legal Ethics: Iv. Developing Specialized Ethics Courses, Mary C. Daly, Bruce A. Green, Russell G. Pearce
Contextualizing Professional Responsibility: A New Curriculum For A New Century Teaching Legal Ethics: Iv. Developing Specialized Ethics Courses, Mary C. Daly, Bruce A. Green, Russell G. Pearce
Faculty Scholarship
The teaching of professional responsibility in U.S. law schools is entering a new age. A relative newcomer to the traditional curriculum, professional responsibility has struggled over the past twenty-one years to establish its intellectual legitimacy. It has evolved from a cramped course on the codes of lawyer conduct adopted by the American Bar Association ("ABA") to an expansive course on the law of lawyering. The premise of this essay is that professional responsibility has matured as a subject matter to the point where a new genre of courses should join the pervasive method and the traditional survey course. The richness …