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2000

Legal Ethics and Professional Responsibility

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Articles 1 - 30 of 97

Full-Text Articles in Law

Ethical Issues For Lawyers In A Multi-Disciplinary Practice World: Combined Resources Dec 2000

Ethical Issues For Lawyers In A Multi-Disciplinary Practice World: Combined Resources

William & Mary Annual Tax Conference

No abstract provided.


The Ethics Center At Fifteen Years, Michael Pritchard Dec 2000

The Ethics Center At Fifteen Years, Michael Pritchard

Center for the Study of Ethics in Society Papers

Papers presented for the Center of the Study of Ethics in Society Western Michigan University.


Ethics In Academia, 2000, Wmu Center Of The Study Of Ethics In Society Dec 2000

Ethics In Academia, 2000, Wmu Center Of The Study Of Ethics In Society

Center for the Study of Ethics in Society Papers

Papers presented for the Center of the Study of Ethics in Society Western Michigan University.


Walking The Walk --- The Reality Of Ethics In The University Presidency, Elson Floyd Dec 2000

Walking The Walk --- The Reality Of Ethics In The University Presidency, Elson Floyd

Center for the Study of Ethics in Society Papers

Papers presented for the Center of the Study of Ethics in Society Western Michigan University.


The Quality Of Mercy, The Public Trust, And Ethical Issues In Higher Education, Elise Bickford Jorgens Dec 2000

The Quality Of Mercy, The Public Trust, And Ethical Issues In Higher Education, Elise Bickford Jorgens

Center for the Study of Ethics in Society Papers

Papers presented for the Center of the Study of Ethics in Society Western Michigan University.


Ethics In Academia, Diether Haenicke Dec 2000

Ethics In Academia, Diether Haenicke

Center for the Study of Ethics in Society Papers

Papers presented for the Center of the Study of Ethics in Society Western Michigan University.


Nuclear Weapons, Ethics, Morals, And Law, Jonathan Granoff Nov 2000

Nuclear Weapons, Ethics, Morals, And Law, Jonathan Granoff

BYU Law Review

No abstract provided.


Why Pragmatism Works For Me, Catharine P. Wells Nov 2000

Why Pragmatism Works For Me, Catharine P. Wells

Boston College Law School Faculty Papers

In this Article the author explores the growth of her interest in pragmatic legal theory. Pragmatism is often portrayed as a kind of black hole in the philosophical universe. It is defined not by the weight of its theories but instead by the counterweight of its anti-theoretical teachings. Whatever the reason, pragmatism’s lack of adherents has resulted in a number of misconceptions about its limitations. Among them are: (1) Pragmatism is banal in the sense that it only tells us to continue with our common sense practices (2) Pragmatism is relativistic in that it reduces everything to viewpoint and ...


Nihilism Need Not Apply: Law And Literature In Barth's The Floating Opera, Rob Atkinson Oct 2000

Nihilism Need Not Apply: Law And Literature In Barth's The Floating Opera, Rob Atkinson

Scholarly Publications

No abstract provided.


The Paradox Of Professionalism: Journalism And Malpractice, Robert E. Drechsel Oct 2000

The Paradox Of Professionalism: Journalism And Malpractice, Robert E. Drechsel

University of Arkansas at Little Rock Law Review

No abstract provided.


Annotating The News: Mitigating The Effects Of Media Convergence And Consolidation, Eric Easton Oct 2000

Annotating The News: Mitigating The Effects Of Media Convergence And Consolidation, Eric Easton

All Faculty Scholarship

This essay is a personal inquiry into the nature of media technology, law, and ethics in an era marked by the convergence of media that have been largely separate-print, broadcast, cable, satellite, and the Internet-and by the consolidation of ownership in all of these media. What inventions, practices, and norms must emerge to enable us to take advantage of this vast new information-based world, while preserving such important professional values as diversity, objectivity, reliability, and independence?

The right to know belongs not only to individuals, but to the public at large, it can (or, perhaps, must) be vindicated by government ...


Bringing The Practice To The Classroom: An Approach To The Professionalism Problem, Steven H. Goldberg Sep 2000

Bringing The Practice To The Classroom: An Approach To The Professionalism Problem, Steven H. Goldberg

Pace Law Faculty Publications

The first section of this article presents a brief history and description of a professionalism movement that continues to urge law schools to do more to solve the “professionalism problem.” The second discusses legal education's failure to bring professionalism into the law school curriculum. The third describes the structure and teaching method of The Practice—a different kind of course about professionalism—while the fourth discusses the professionalism content of the course. I conclude with a plea for law faculty to direct their considerable talents toward collecting stories and data about the profession and creating material to facilitate law ...


A Cause Worth Quitting For? The Conflict Between Professional Ethics And Individual Rights In Discriminatory Treatment Of Corporate Counsel, Rachel S. Arnow Richman Jul 2000

A Cause Worth Quitting For? The Conflict Between Professional Ethics And Individual Rights In Discriminatory Treatment Of Corporate Counsel, Rachel S. Arnow Richman

Indiana Law Journal

No abstract provided.


Public Lawyers, Private Values: Can, Should, And Will Government Lawyers Serve The Public Interest?, Steven K. Berenson Jul 2000

Public Lawyers, Private Values: Can, Should, And Will Government Lawyers Serve The Public Interest?, Steven K. Berenson

Boston College Law Review

There is a widely shared perception among lawyers, judges, and various public officials that government lawyers have greater responsibilities to serve the public interest than lawyers in private practice. This perception is reflected in judicial opinions, lawyer professional responsibility standards, and numerous other legal writings. Nonetheless, a number of academic critics have attacked what is described here as the "public interest serving" role for government attorneys. This Article provides a defense of the public interest serving role against its critics. While the critiques addressed are diverse, they often make the mistake of importing values from the context of private litigation ...


The Aba And Mdps: Context, History, And Process, Charles W. Wolfram Jun 2000

The Aba And Mdps: Context, History, And Process, Charles W. Wolfram

Cornell Law Faculty Publications



Apology And Organizations: Exploring An Example From Medical Practice, Jonathan R. Cohen Jun 2000

Apology And Organizations: Exploring An Example From Medical Practice, Jonathan R. Cohen

UF Law Faculty Publications

In this Article, I focus on injuries committed by members of organizations, such as corporations, and examine distinct issues raised by apology in the organizational setting. In particular, I consider: (i) the process of learning to prevent future errors; (ii) the divergent interests stemming from principal-agent tensions in employment, risk preferences and sources of insurance; (iii) the non-pecuniary benefits to corporate morale, productivity and reputation; (iv) the standing and scope of apologies; and (v) the articulation of policies toward injuries to others.


Ready Or Not, Here They Come: Why The Aba Should Amend The Model Rules To Accommodate Multidisciplinary Practices, Bradley G. Johnson Jun 2000

Ready Or Not, Here They Come: Why The Aba Should Amend The Model Rules To Accommodate Multidisciplinary Practices, Bradley G. Johnson

Washington and Lee Law Review

No abstract provided.


Competency And Common Law: Why And How Decision-Making Capacity Criteria Should Be Drawn From The Capacity-Determination Process, Charles Baron May 2000

Competency And Common Law: Why And How Decision-Making Capacity Criteria Should Be Drawn From The Capacity-Determination Process, Charles Baron

Charles H. Baron

Determining competence to request physician-assisted suicide should be no more difficult than determining competence to refuse life-prolonging treatment. In both cases, criteria and procedures should be developed out of the process of actually making capacity determinations; they should not be promulgated a priori. Because patient demeanor plays a critical role in capacity determinations, it should be made part of the record of such determinations through greater use of video- and audiotapes.


La Transición A La Economía Digital, Horacio M. Lynch, Mauricio Devoto May 2000

La Transición A La Economía Digital, Horacio M. Lynch, Mauricio Devoto

Horacio M. LYNCH

En el curso de una investigación, tropezamos con un reciente estudio de Nueva Zelanda denominado La economía del conocimiento , con un capítulo inicial cuyo título, por razones obvias, nos llamó la atención: "Venciendo la enfermedad argentina".


How Children And Adolescents Relate To Nature, Patricia Nevers May 2000

How Children And Adolescents Relate To Nature, Patricia Nevers

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 21,1999.


The Role Of Shame In Regulating Attorney Conduct, Judith Mcmorrow Apr 2000

The Role Of Shame In Regulating Attorney Conduct, Judith Mcmorrow

Judith A. McMorrow

No abstract provided.


Trying Cases In The Media: Legal Ethics, Fair Trials And Free Press, John Douglas, Gerald Zerkin, Steve Nash, Margaret P. Spencer, Craig Thomas Merritt, J. Joshua Wheeler, Paul D. Carrington, C. Thomas Dienes, John E. Nowak, Molly Delea, Kate Murray, Thomas Queen, Courtney Sydnor Apr 2000

Trying Cases In The Media: Legal Ethics, Fair Trials And Free Press, John Douglas, Gerald Zerkin, Steve Nash, Margaret P. Spencer, Craig Thomas Merritt, J. Joshua Wheeler, Paul D. Carrington, C. Thomas Dienes, John E. Nowak, Molly Delea, Kate Murray, Thomas Queen, Courtney Sydnor

University of Richmond Law Review Symposium

The 2000 symposium consisted of a panel discussion which used role-playing and a mock trial to highlight the issues of lawyer/litigant comments to the press before and during trial and the dilemma of journalists confronted by court demands for documents, testimony, or sources of information obtained in the course of gathering news on pending trials. Participants included:

As United States Attorney for the Eastern District of Freedonia: John Douglas, Associate Professor of Law at the University of Richmond.

As Freedonia criminal defense lawyer: Gerald Zerkin, Private Defense Attorney.

As investigative journalist: Steve Nash, Associate Professor of Journalism at the ...


The Practice Of Law, Karen H. Rothenberg Apr 2000

The Practice Of Law, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.


Clark Memorandum: Spring 2000, J. Reuben Clark Law Society, J. Reuben Clark Law School Apr 2000

Clark Memorandum: Spring 2000, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum


Value Pluralism In Legal Ethics, W. Bradley Wendel Apr 2000

Value Pluralism In Legal Ethics, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.


The Criminal Defense Lawyer's Fiduciary Duty To Clients With Mental Disability, Christopher Slobogin, Amy R. Mashburn Apr 2000

The Criminal Defense Lawyer's Fiduciary Duty To Clients With Mental Disability, Christopher Slobogin, Amy R. Mashburn

UF Law Faculty Publications

This Article argues that the defense attorney has a multifaceted fiduciary duty toward the client with mental disability. That duty requires, first and foremost, respect for the autonomy of the client. The lawyer shows that respect not only by heeding the wishes of the competent client but by refusing to heed the wishes of the incompetent client. A coherent approach to the competency construct is therefore important. Following the lead of Professor Bonnie, this Article has broken competency into two components: assistance competency and decisional competency. It has defined the former concept in traditional terms, as an understanding of the ...


Municipal Ethics Remain A Hot Topic In Litigation: A 1999 Survey Of Issues In Ethics For Municipal Lawyers, Patricia E. Salkin Mar 2000

Municipal Ethics Remain A Hot Topic In Litigation: A 1999 Survey Of Issues In Ethics For Municipal Lawyers, Patricia E. Salkin

Brigham Young University Journal of Public Law

No abstract provided.


Hacia Una Argentina Digital, Horacio M. Lynch, Mauricio Devoto Feb 2000

Hacia Una Argentina Digital, Horacio M. Lynch, Mauricio Devoto

Horacio M. LYNCH

"... En opinión de muchos especialistas respetados en el mundo, la Argentina no tiene futuro si no exporta. Pero exportar en este nuevo siglo no es lo mismo que hacerlo hacia el 1900: los precios de los productos primarios argentinos cayeron ocho veces en el siglo, lo que nos bajó del quinto puesto en el ránking de países al lugar número 50...".


Putting Watergate Behind Us: Salinas, Sun-Diamond, And Two Views Of The Anticorruption Model, George D. Brown Feb 2000

Putting Watergate Behind Us: Salinas, Sun-Diamond, And Two Views Of The Anticorruption Model, George D. Brown

Boston College Law School Faculty Papers

A central question in the ongoing debate over the future of the American political system is how to deal with public corruption. This Article first examines the dominant theme of the last thirty years: a relatively hard-line approach that Professor Brown refers to as the post-watergate concensus. In recent years, however, this approach has been subject to growing criminalization of government ethics; Professor Brown then turns to what can be viewed as the counterrevolutionary critique. Against this background, he considers the United States Supreme Court's contribution to the debate. Starting with the recent Sun-Diamond and Salinas cases, and drawing ...


Supreme Court's Iolta Decision: Of Dogs, Mangers, And The Ghost Of Mrs. Frothingham, 30 Seton Hall L. Rev. 846 (2000), Donald L. Beschle Jan 2000

Supreme Court's Iolta Decision: Of Dogs, Mangers, And The Ghost Of Mrs. Frothingham, 30 Seton Hall L. Rev. 846 (2000), Donald L. Beschle

Faculty Scholarship

No abstract provided.