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Articles 1 - 30 of 44
Full-Text Articles in Law
A Critique Of Burrow V. Arce, Charles Silver
A Critique Of Burrow V. Arce, Charles Silver
William & Mary Environmental Law and Policy Review
No abstract provided.
Lawyers' Ethics And Fiduciary Obligation In The Brave New World Of Aggregative Litigation, Lester Brickman
Lawyers' Ethics And Fiduciary Obligation In The Brave New World Of Aggregative Litigation, Lester Brickman
William & Mary Environmental Law and Policy Review
No abstract provided.
Nonlegal Regulation Of The Legal Profession: Social Norms In Professional Communities, W. Bradley Wendel
Nonlegal Regulation Of The Legal Profession: Social Norms In Professional Communities, W. Bradley Wendel
Vanderbilt Law Review
In this Article, Professor Wendel analyzes the advantages and disadvantages of community-based responses to unethical behavior by lawyers. The limits of formal legal regulation of the legal profession are well known. Additional questions have been raised about the efficacy of motivating lawyers to act ethically merely by giving appropriate instruction. What is left, therefore, is a complex and little-studied, but very real, array of informal sanctions. These sanctions are controlled by individual members of the professional community, not by the court or organized bar, and therefore operate largely without the transparency and procedural regularity of formal legal regimes. The advantage …
When Lawyers Break The Law: How The District Of Columbia Court Of Appeals Disciplines Members Of The Bar Who Commit Crimes, Larry Cunningham
When Lawyers Break The Law: How The District Of Columbia Court Of Appeals Disciplines Members Of The Bar Who Commit Crimes, Larry Cunningham
University of the District of Columbia Law Review
No abstract provided.
Tainted Prosecution Of Tainted Claims: The Law, Economics, And Ethics Of Fighting Medical Fraud Under The Civil False Claims Act, Dayna Bowen Matthew
Tainted Prosecution Of Tainted Claims: The Law, Economics, And Ethics Of Fighting Medical Fraud Under The Civil False Claims Act, Dayna Bowen Matthew
Indiana Law Journal
No abstract provided.
Symposium Introduction - Ethics In Settlement Negotiations: Foreward, Patrick Emery Longan
Symposium Introduction - Ethics In Settlement Negotiations: Foreward, Patrick Emery Longan
Mercer Law Review
On March 9 and 10, 2001, Mercer University's Walter F. George School of Law and its Mercer Center for Legal Ethics and Professionalism held a Symposium on ethical issues in settlement negotiations. Funding for the Symposium came from a consent order, signed by United States District Judge Hugh Lawson, in which the DuPont Corporation settled claims of litigation misconduct in exchange for a payment of $11 million. Each of the four accredited law schools in Georgia received $2.5 million to endow a faculty chair in ethics and professionalism, and the other $1 million was set aside to endow an annual …
Session One: Limits On Misleading Conduct
Session One: Limits On Misleading Conduct
Mercer Law Review
A transcript featuring The Honorable Thomas Zlaket, Wm. Reece Smith, Jr., Esq., Professor Nathan Crystal, and Professor Amy Mashburn, Moderator
Session Two: Conditional Settlement Agreements
Session Two: Conditional Settlement Agreements
Mercer Law Review
A transcript featuring The Honorable Marvin Aspen, Evett Simmons, Esq., Professor Ronald Ellington, and Professor Bruce Green, Moderator
Symposium Article - The Incompleteness Of The Model Rules And The Development Of Professional Standards, Nathan M. Crystal
Symposium Article - The Incompleteness Of The Model Rules And The Development Of Professional Standards, Nathan M. Crystal
Mercer Law Review
Rules and standards of professional conduct are proliferating. In November 2000, the American Bar Association's ("ABA's") Ethics 2000 Commission released its final report recommending changes in the ABA's Model Rules of Professional Conduct. Earlier in the year the American Law Institute ("ALI") issued its long awaited Restatement of the Law Governing Lawyers.
The Model Rules and the Restatement are similar in two respects. Both contain detailed rules and both are comprehensive, covering relationships between lawyers and their clients, the courts, and third parties. Standards prepared by other organizations, however, have taken a narrower approach. Some have focused on particular activities …
Session Three: Fairness Issues In Negotiation
Session Four: Special Issues In Assisted Settlement
Session Four: Special Issues In Assisted Settlement
Mercer Law Review
No abstract provided.
Symposium Speech - Those Who Worry About The Ethics Of Negotiation Should Never Be Viewed As Just Another Set Of Service Providers, Lawrence J. Fox
Symposium Speech - Those Who Worry About The Ethics Of Negotiation Should Never Be Viewed As Just Another Set Of Service Providers, Lawrence J. Fox
Mercer Law Review
It is an honor to address this distinguished group of lawyers and law students this evening as part of the very first Symposium funded by the duPont Company's generosity by way of Judge Lawson. The issues important themes in the bigger professional responsibility arena, and examining them with this level of care can inform the profession more widely.
It is ironic then that when Professor Pat Longan invited me to give the keynote address, he himself negotiated my appearance in a highly questionable manner. "Would I like to be the keynote speaker at this upcoming Symposium?" Would I? Of course, …
A Transcript Of The March 10, 2001 Luncheon Speech, Patrick E. Higginbotham
A Transcript Of The March 10, 2001 Luncheon Speech, Patrick E. Higginbotham
Mercer Law Review
Introduction of Judge Higginbotham by Professor Patrick Longan
Judge Higginbotham comes to us from Dallas. He has had a very distinguished career. He was a United States District Judge in Dallas for seven years and then was appointed to the United States Court of Appeals for the Fifth Circuit. In addition to his judicial duties, he has served in a number of capacities throughout his career. Most recently he served a four-year term as president of the American Inns of Court Foundation. He has served as the Chairman of the Advisory Committee on Civil Rules. He has done a number …
Resolving The Mdp Issue: Deciding If The Status Quo Is What's Best For The Client, Julia J. Hall
Resolving The Mdp Issue: Deciding If The Status Quo Is What's Best For The Client, Julia J. Hall
Mercer Law Review
On the forefront of the current debate surrounding legal ethics is the heated question of whether the legal profession should permit its members to participate in multidisciplinary practices or partnerships ("MDPs") and thereby share fees with nonlawyers. Currently, this conduct is prohibited by the Model Rules of Professional Conduct. This issue clearly has global implications for various professions desiring to partner with attorneys, and those persons with interest in this area have followed the debate closely as viewpoints are researched and expressed in support of one position over another. Nonetheless, the American Bar Association ("ABA") has effectively closed the door …
Attorney-Client Confidentiality And The Assessment Of Claimants Who Allege Posttraumatic Stress Disorder, Robert H. Aronson, Lonnie Rosenwald, Gerald M. Rosen
Attorney-Client Confidentiality And The Assessment Of Claimants Who Allege Posttraumatic Stress Disorder, Robert H. Aronson, Lonnie Rosenwald, Gerald M. Rosen
Washington Law Review
Posttraumatic Stress Disorder (PTSD) was first recognized by the American Psychiatric Association in 1980. A PTSD diagnosis requires an individual or individual's loved ones to have experienced a traumatic event that was a threat to life or physical integrity and caused the individual to react to the incident with a specific number of avoidance, reexperiencing, and hyper-arousal symptoms. Obtaining a PTSD diagnosis can be of great value to a personal-injury plaintiff who claims damages due to a traumatic event. Further, if the traumatic event is unquestioned and the individual reports the classic symptoms, a PTSD diagnosis is relatively easy to …
Real World Pressures On Professionalism, Thomas D. Morgan
Real World Pressures On Professionalism, Thomas D. Morgan
University of Arkansas at Little Rock Law Review
No abstract provided.
Harmonization Or Homogenization? The Globalization Of Law And Legal Ethics--An Australian Viewpoint, Steven Mark
Harmonization Or Homogenization? The Globalization Of Law And Legal Ethics--An Australian Viewpoint, Steven Mark
Vanderbilt Journal of Transnational Law
This Article examines the pressures of globalization on the practice of law and legal ethics from an Australian perspective. The Article first examines the positive aspects of globalization and then turns to the potentially disruptive and homogenizing aspects of globalization upon indigenous and non-Western societies. Next, the Article considers how globalization threatens to disrupt tradition and culture in Western societies, specifically focusing on the tradition of the law and legal practice. Finally, the Author discusses the response of the Australian legal profession to the demands of globalization. The Author examines changes that have been implemented to the legal practice and …
Getting It Right From The Beginning: A Critical Examination Of Current Criminal Defense In Texas And Proposal For A Statewide Public Defender System., Rebecca Copeland
Getting It Right From The Beginning: A Critical Examination Of Current Criminal Defense In Texas And Proposal For A Statewide Public Defender System., Rebecca Copeland
St. Mary's Law Journal
Abstract Forthcoming.
Comments Of A Commissioner, Peter D. Ehrenhaft
Comments Of A Commissioner, Peter D. Ehrenhaft
Vanderbilt Journal of Transnational Law
These comments are solely the views of Peter D. Ehrenhaft, one of the twelve members of the ABA Commission on Multijurisdictional Practice. They are not the official views of the Commission and, indeed, may be modified by the presenter based on the further information the Commission is now gathering from interested parties. These comments are intended to stimulate thought and discussion of the issues and to encourage all sectors of the profession to submit their views to the Commission. The final deadline for the submission of written materials for the Commission's consideration in the preparation of its Initial Draft Report …
Whither The Texas Tort Claims Act: What Remains After Official Immunity., J. Bonner Dorsey
Whither The Texas Tort Claims Act: What Remains After Official Immunity., J. Bonner Dorsey
St. Mary's Law Journal
Abstract Forthcoming.
Ethics Beyond The Horizon: Why Regulate The Global Practice Of Law?, Christopher J. Whelan
Ethics Beyond The Horizon: Why Regulate The Global Practice Of Law?, Christopher J. Whelan
Vanderbilt Journal of Transnational Law
This Article explores whether global self-regulation of the legal profession is desirable. The Author explains that as global law practice has grown over the past decade, so has the desire to formulate global rules of professional responsibility. The Article focuses on large law firms offering transnational legal services in many countries. The Author addresses whether and for whom the aspiration to deliver core values at the global level is desirable. He does so by comparing the rhetoric of global self-regulation with the reality of global law practice. In reality, the global law practice has undermined the power of nation states …
Getting From Salbu To The Tipping Point: The Role Of Corporate Action Within A Portfolio Of Anti-Corruption Strategies, Thomas W. Dunfee, David Hess
Getting From Salbu To The Tipping Point: The Role Of Corporate Action Within A Portfolio Of Anti-Corruption Strategies, Thomas W. Dunfee, David Hess
Northwestern Journal of International Law & Business
Salbu's "big questions" identify core issues for scholars on bribery and corruption. Salbu asks: (1) when may it be ethical to pay a bribe, (2) whether the Foreign Corrupt Practices Act's ("FCPA") provisions on "routine government action" permit us to distinguish between appropriate and inappropriate facilitative payments, (3) whether non-governmental organizations ("NGOs") should supplant the role of governments in fighting corruption, and (4) whether corporate principles can have an impact in the fight against corruption. Our focus is primarily on the latter question, but encompasses all of them. Implicit in Salbu's list is the question of whether a single magic …
Transnational Bribery: The Big Questions, Steven R. Salbu
Transnational Bribery: The Big Questions, Steven R. Salbu
Northwestern Journal of International Law & Business
During the past few years, I have written extensively on the subject of transnational bribery. My articles have examined several aspects of this serious problem,' including the Foreign Corrupt Practices Act ("FCPA"), 2 re-cent multilateral global conventions to fight bribery,3 and the comparative costs and benefits of legislative versus systemic or institutional forms of change.4 This body of work also has addressed some of the problems that can accompany aggressive legal remedies, such as potential cultural imperialism5 and global discord.6 This examination has been rewarding, and it has spurred a rich exchange with a number of very talented scholars, as …
Counseling The Client: An Administrator's View, Daniel A. Degnan
Counseling The Client: An Administrator's View, Daniel A. Degnan
Fordham Urban Law Journal
This Article examines what natural law is and how it should be used as an approach for lawyers. The article first describes that the theory of natural law and positive law is to attain the goal of effecting the common good. Daniel Degnan considers cases from his experience as a law school dean and how the counselors in those cases made good use of a natural law approach. Although the lawyers in all these cases were practitioners advising clients, elements of the common good seems to have been implicit in their handling of every one of the cases. He explains …
Has The Fog Cleared - Attorney Work Product And The Attorney-Client Privilege: Texas's Complete Transition Into Full Protection Of Attorney Work In The Corporate Context., Fred A. Simpson
St. Mary's Law Journal
The following discussion in this Article fills the gaps in the substantive rules surrounding the attorney work product doctrine and the attorney-client privilege, thereby encouraging practitioners to utilize these tools more freely. Initially, the attorney-client privilege contemplated application only to individuals. As the rule developed in the United States, however, the scope of the privilege broadened until it included corporations. Since 1982, Texas has provided for the attorney-client privilege in Texas Rule of Civil Evidence 503.149. Notably, the Rule defined client in such a way as to include a corporation. Unlike the attorney-client privilege, the work product doctrine developed much …
Fair Labor Standards Act And Sovereign Immunity: Unlocking The Courthouse Door For Texas State Employees., Melinda Herrera
Fair Labor Standards Act And Sovereign Immunity: Unlocking The Courthouse Door For Texas State Employees., Melinda Herrera
St. Mary's Law Journal
Unless Texas expressly waives its Eleventh Amendment sovereign immunity, its state employees will not have similar legal recourse and protection as those available to private employees. As in many other states, a party may not sue the State of Texas without its consent. Thus, in the absence of constitutional or statutory provisions to the contrary, a state may claim sovereign immunity against any suit brought by a private party in both federal and state court. As a result, the Eleventh Amendment effectively precludes private individuals from suing a state in both federal and state court for violating a federal statute …
The Spanish Predominant Language Ordinance: Is Spanish On The Way In And English On The Way Out., Adriana Resendez
The Spanish Predominant Language Ordinance: Is Spanish On The Way In And English On The Way Out., Adriana Resendez
St. Mary's Law Journal
El Cenizo's Spanish language ordinance is likely to survive a constitutional challenge. The City Council of El Cenizo’s Spanish language ordinance, however, has generated a significant amount of controversy in the United States. The ordinance stipulates that all city council meetings will be made in the city’s predominant language—Spanish. Critics argue that the ordinance has made Spanish the official language. Critics also argue that the ordinance is discriminatory toward English speakers. English only advocacy groups, such as English First and U.S. English, argue that the ordinance will create a trend across the United States of immigrants refusing to embrace an …
No Taxation Without Realization: Srivastava V. Commissioner, The Fifth Circuit's Answer To Tax Treatment Of Attorney's Fees Under A Contingency Fee Agreement., Bernard J. Grant Iii
No Taxation Without Realization: Srivastava V. Commissioner, The Fifth Circuit's Answer To Tax Treatment Of Attorney's Fees Under A Contingency Fee Agreement., Bernard J. Grant Iii
St. Mary's Law Journal
Abstract Forthcoming.
Jury Erosion: The Effects Of Robinson, Havner, & (And) Gammill On The Role Of Texas Juries., Ricky J. Poole, Kimberly S. Keller
Jury Erosion: The Effects Of Robinson, Havner, & (And) Gammill On The Role Of Texas Juries., Ricky J. Poole, Kimberly S. Keller
St. Mary's Law Journal
Abstract Forthcoming.
Attorney Referral For Medical Treatment: A Wolf In Disguise., Martin J. Phipps
Attorney Referral For Medical Treatment: A Wolf In Disguise., Martin J. Phipps
St. Mary's Law Journal
Texas attorneys should be obligated to disclose whether they referred their client to a pre-selected physician. Plaintiff attorneys, however, have been allowed to withhold this information from the court arguing the information is privileged. The practice of using a pre-selected physician is unethical and unfairly prejudicial. If the attorney and physician have an agreement, the attorney is likely to send numerous clients to that specific physician in order to receive a discount. The physician in turn is likely to recommend medically unnecessary procedures in order to inflate money damages. Therefore, in order to prevent potential abuse between the attorney-physician relationship, …