Law Commons^™

Commencement Of Action, Daniel Coquillette, Robert Bloom

Robert Bloom

No abstract provided.

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

William & Mary Annual Tax Conference

No abstract provided.

The Morality Of Intimate Faculty-Student Relationships, Nicholas Dixon

Center for the Study of Ethics in Society Papers

Presented September 19, 1996 for the Center for the Study of Ethics in Society

Executing Rapists: A Reluctant Essay On The Ethics Of Legal Scholarship, Michael Mello

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Seven Years Later, The Promise Of Ada Remains Unfilled, Randy Lee

Randy Lee

No abstract provided.

Screen Verité: Do Rules About Ethical Screens Reflect The Truth About Real-Life Law Firm Practice?, Lee A. Pizzimenti

University of Miami Law Review

No abstract provided.

Class Action Reform, Qui Tam, And The Role Of The Plaintiff, Jill E. Fisch

All Faculty Scholarship

No abstract provided.

Lawyer Creeds And Moral Seismography, James E. Moliterno

Faculty Publications

No abstract provided.

Hear No Evil, See No Evil, Speak No Evil: The Intolerable Conflict For Attorney-Mediators Between The Duty To Maintain Mediation Confidentiality And The Duty To Report Fellow Attorney Misconduct, Pamela A. Kentra

BYU Law Review

No abstract provided.

Former-Client Conflicts, Charles W. Wolfram

Cornell Law Faculty Publications

Privacy And Information Technology, Judith Wagner Decew

Center for the Study of Ethics in Society Papers

Presented March 17, 1997 for the Center for the Study of Ethics in Society

Lawyer,Know Thyself: A Review Of Empirical Research On Attorney Attributes Bearingon Professionalism , Susan Daicoff

American University Law Review

No abstract provided.

Cadwalader, Rupa And Fiduciary Duty, Donald J. Weidner

Washington and Lee Law Review

No abstract provided.

Limiting Lawyer Liability In West Virginia, Michael T. Escue

West Virginia Law Review

No abstract provided.

Awarding Attorney's Fees To Pro Se Litigants Under Rule 11, Jeremy D. Spector

Michigan Law Review

Among the myriad rules and statutes designed to curb litigation abuse, Rule 11 of the Federal Rules of Civil Procedure ("FRCP") is "the most widely used and most controversial of the sanctions rules." The increased use of Rule ll during the last fifteen years and the recent proliferation of fee-shifting provisions in federal statutes4 have led to an onslaught of motions for attorney's fees in the federal district courts. Simultaneously, these courts are seeing an increasing number of pro se litigants appear before them. The confluence of these two trends has produced the seemingly paradoxical result of pro se parties …

The Case Of Mrs. Jones Revisited: Paternalism And Autonomy In Lawyer-Client Counseling, Mark Spiegel

BYU Law Review

No abstract provided.

The Laws Of Genetics, Michael S. Baram

Faculty Scholarship

It used to be that high technology meant nuclear physics and missile systems, and presented the threat of physical destruction. Today, "high tech" means biotechnology and electronic communication systems, and the focus has shifted to concerns about more subtle problems like loss of privacy, inability to control personal information, and the discriminations and other adversities that often follow.

The Legal Advice Requirement Of The Attorney-Client Privilege: A Special Problem For In-House Counsel And Outside Attorneys Representing Corporations, Grace M. Giesel

Mercer Law Review

The attorney-client privilege protects certain communications between attorney and client from compelled disclosure. The privilege applies to clients who are individuals as well as to corporate clients. The lawyers providing legal services to corporations may be outside attorneys who are employees of law firms. Many corporations, however, rely on in-house attorneys for many, if not all, of their legal needs. Often, in-house attorneys have official responsibilities that involve them in the management of the company. Even if the attorneys do not have official nonlegal responsibilities, the corporation may seek the opinion of inhouse attorneys with regard to all sorts of …

Notre Dame Lawyer - Spring 1997, Notre Dame Law School

Notre Dame Lawyer

Cries And Whispers: Environmental Hazards, Model Rule 1.6, And The Attorney's Conflicting Duties To Clients And Others, Irma S. Russell

Washington Law Review

This Article explores the attorney's duty of confidentiality in the context of environmental dangers, examining the history and purpose of the duty and the model ethical rule that controls issues of confidentiality, Rule 1.6 of the Model Rules of Professional Conduct ("Model Rules"). Important scholarship has criticized Model Rule 1.6, but that scholarship has not explored the effects of the Rule in the area where the stakes are highest: environmental catastrophes. The Article analyzes the Rule's text, commentary, and legislative history and discusses the two predominant views of the attorney in our society, the attorney as champion and as officer …

Cries And Whispers: Environmental Hazards, Model Rule 1.6, And The Attorney's Conflicting Duties To Clients And Others, Irma S. Russell

Faculty Works

No abstract provided.

Fiduciary Duty Contracts In Unincorporated Firms, Larry E. Ribstein

Washington and Lee Law Review

No abstract provided.

Freedom Of Contract, Fiduciary Duties, And Partnerships: The Bargain Principle And The Law Of Agency, J. Dennis Hynes

Washington and Lee Law Review

No abstract provided.

Government Lawyers And Their Private “Clients” Under The Fair Housing Act, Eugene R. Gaetke, Robert G. Schwemm

Law Faculty Scholarly Articles

In strengthening enforcement of the federal Fair Housing Act, Congress in the 1988 Fair Housing Amendments Act ("FHAA") authorized government lawyers from the Justice Department, the Department of Housing and Urban Development, and state and local civil rights agencies to prosecute cases "on behalf of” persons aggrieved by housing discrimination. This new enforcement scheme has led to a heightened level of administrative complaints and litigated cases in which government lawyers are put in the potentially difficult position of having to represent both their agency and private complainants.

The "triangular" relationships created by the FHAA between government lawyers and their public …

The Naked Emperor: A Corporate Lawyer Looks At Rupa's Fiduciary Provisions, Lawrence E. Mitchell

Washington and Lee Law Review

No abstract provided.

"Assume A Rather Large Boat . . ": The Mess We Have Made Of Partnership Law, Allan W. Vestal

Washington and Lee Law Review

No abstract provided.

Organizational Determinants Of Law Firm Integration , Elizabeth Chambliss

American University Law Review

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The Underrepresentation Of Minorities In The Legal Profession: A Critical Race Theorist's Perspective, Alex M. Johnson Jr.

Michigan Law Review

Over the last four years, I have taught a course in Critical Race Theory at the University of Virginia School of Law three times. Although each course is different, given the interplay between the teacher and the students and the integration of new developments into the course, there has been one constant subject that the students and I address: Of what import is the development of Critical Race Theory for the legal profession and larger society? Can Critical Race Theory have a positive or any effect for those outside legal academia? This article represents an attempt to explore that question …

Critical Race Praxis: Race Theory And Political Lawyering Practice In Post-Civil Rights America, Eric K. Yamamoto

Michigan Law Review

At the end of the twentieth century, the legal status of Chinese Americans in San Francisco's public schools turns on a requested judicial finding that a desegregation order originally designed to dismantle a system subordinating nonwhites now invidiously discriminates against Chinese Americans. Brian Ho, Patrick Wong, and Hilary Chen, plaintiffs in Ho v. San Francisco Unified School District, represent "all [16,000] children of Chinese descent" eligible to attend San Francisco's public schools. Their high-profile suit, filed by small-firm attorneys, challenges the validity of a 1983 judicial consent decree desegregating San Francisco's schools. Approved in response to an NAACP class action …

Representing Race Outside Of Explicitly Racialized Contexts, Naomi R. Cahn

Michigan Law Review

Welfare "as we know it" ended in 1996, a victim of a conservatism that views welfare recipients as lazy and immoral. One aspect of welfare that is, however, unlikely to experience radical change is child support. More vigorous child support enforcement has become an increasingly important component of federal welfare reform bills over the past two decades because of the twin hopes of fiscal and parental responsibility: first, that child support will reimburse welfare costs, and second, that fathers will take more responsibility for their children. Child support programs within the welfare system perpetuate a negative perception of poor people. …