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Articles 1 - 8 of 8
Full-Text Articles in Law
Lawyer Role, Agency Law, And The Characterization Officer Of The Court , James A. Cohen
Lawyer Role, Agency Law, And The Characterization Officer Of The Court , James A. Cohen
Faculty Scholarship
The law of agency has governed American lawyers since before the Revolution, but recent scholarship about legal ethics and professional role almost entirely ignores it. Most commentators would concede that attorneys are agents, but would quickly add that the lawyer is also an "officer of the court" who has obligations to seek justice. However, analysis of the phrase "officer of the court" reveals that it has surprisingly little content; it is mostly rhetoric, caused by self-love and self-promotion. What little content it has points to a role of the attorney as agent whose obligations to the court are almost identical …
Public Declarations Of Professionalism Professionalism Symposium, Bruce A. Green
Public Declarations Of Professionalism Professionalism Symposium, Bruce A. Green
Faculty Scholarship
When it comes to the subject of "professionalism," there is a gap between the leaders of the organized bar and its members. Bar leaders are eager to discuss the subject. For example, this year's annual meeting of the American Bar Association ("ABA") afforded bar leaders, as well as legal academics, a host of opportunities to share strategies to promote "professionalism" and "professional values." The Section of Legal Education and Admissions to the Bar sponsored a program on "Professionalism in Law Schools and the Profession." Organizations representing bar executives, bar presidents, and bar foundations jointly presented a program called "Tough Talk, …
Informal Aggregation: Procedural And Ethical Implications Of Coordination Among Counsel In Related Lawsuits, Howard M. Erichson
Informal Aggregation: Procedural And Ethical Implications Of Coordination Among Counsel In Related Lawsuits, Howard M. Erichson
Faculty Scholarship
Even when related claims are not aggregated by any formal procedural mechanism, the lawyers involved in the separate lawsuits often coordinate their efforts. Such "informal aggregation" raises important questions about the boundaries of a dispute and the boundaries of the lawyer-client relationship. As an ethical matter, the central question is whether a lawyer owes ethical duties to a coordinating lawyer's client. Looking at confidentiality, loyalty, conflicts of interest, and malpractice, Professor Erichson suggests that ethical safeguards for clients of coordinating lawyers are neither strong enough nor explicit enough to provide adequate protection, and the problem inheres in the nature of …
Of Pardons, Politics And Collar Buttons: Reflections On The President's Duty To Be Merciful, Margaret Colgate Love
Of Pardons, Politics And Collar Buttons: Reflections On The President's Duty To Be Merciful, Margaret Colgate Love
Fordham Urban Law Journal
A discussion of the President's ability to grant Federal Pardons, and the moral and political factors which influence the exercise of that power. The article proposes that the President has a duty to pardon, not so much as to do justice in particular cases, but to be merciful as a more general obligation of office.
A Dialogue Concerning Heresies, Jack L. Sammons
A Dialogue Concerning Heresies, Jack L. Sammons
Fordham Urban Law Journal
A modernization of St. Thomas More's famous 1529 "Dialogue Concerning Heresies." A fictional "Judge More" defends the legal profession against the zeal of legal ethicists.
Lawyering For Social Change, Karen L. Loewy
Lawyering For Social Change, Karen L. Loewy
Fordham Urban Law Journal
This Note explores the significance, legitimacy and methodology of lawyering for social change. It begins by examining lawyers' motives for entering into such work and the theoretical approaches toward political lawyering and the methodologies employed to effect change. It raises the question of whether it is justifiable for a lawyer to drive social change specifically considering his unique access to the legal system. The Note concludes that it is entirely legitimate for a lawyer to engage in work for social change in order to ensure that the rights of all people are protected whether through litigation, public education seminars, rallies, …
Of Pardons, Politics And Collar Buttons: Reflections On The President's Duty To Be Merciful, Margaret Colgate Love
Of Pardons, Politics And Collar Buttons: Reflections On The President's Duty To Be Merciful, Margaret Colgate Love
Fordham Urban Law Journal
A discussion of the President's ability to grant Federal Pardons, and the moral and political factors which influence the exercise of that power. The article proposes that the President has a duty to pardon, not so much as to do justice in particular cases, but to be merciful as a more general obligation of office.
A Dialogue Concerning Heresies, Jack L. Sammons
A Dialogue Concerning Heresies, Jack L. Sammons
Fordham Urban Law Journal
A modernization of St. Thomas More's famous 1529 "Dialogue Concerning Heresies." A fictional "Judge More" defends the legal profession against the zeal of legal ethicists.