Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Sec Enforcement Of Attorney Up-The-Ladder Reporting Rules: An Analysis Of Institutional Contraints, Norms, And Biases, Michael A. Perino
Sec Enforcement Of Attorney Up-The-Ladder Reporting Rules: An Analysis Of Institutional Contraints, Norms, And Biases, Michael A. Perino
Faculty Publications
In their paper and in their earlier comments to the SEC on the proposed attorney reporting rules, Professors Cramton, Cohen and Koniak do an excellent job recounting the genesis of the attorney reporting requirements in the Sarbanes-Oxley Act, describing the SEC's proposed and final rules and critiquing the rule's triggering mechanism and now apparently shelved noisy withdrawal requirement. Their case study of the recent Spiegel, Inc. independent examiner's report is a particularly useful vehicle for examining the practical implications of the SEC's policy and drafting choices. Although I was a member of a committee that submitted comments opposed to noisy …
American Lawyers And International Competence, Charlotte Ku, Christopher J. Borgen
American Lawyers And International Competence, Charlotte Ku, Christopher J. Borgen
Faculty Publications
Just over ten years ago, Germans tore down a wall that divided their country and the whole of Europe. Stepping through the hole in the Berlin Wall, they took the first steps towards the reunification of West and East Germany and the end of the Cold War. Today another wall is being torn down—that between purely domestic law and international law. Companies are engaged in international trade at ever increasing rates. Environmental degradation has proved to be a global problem that cannot be solved with uncoordinated local measures. Individuals worldwide are pressing their governments for the recognition of a common …
A Post-Conference Reflection On Separate Ethical Aspirations For Adr's Not-So-Separate Practitioners, John Q. Barrett
A Post-Conference Reflection On Separate Ethical Aspirations For Adr's Not-So-Separate Practitioners, John Q. Barrett
Faculty Publications
At "The Lawyer's Duties and Responsibilities in Dispute Resolution" Symposium at South Texas College of Law, Oct. 25, 1996, a central topic of discussion was ADR's ethical separateness. There was a shared sense that ADR providers and practitioners confront a range of ethical issues that differ from those that confront non-ADR lawyers. On this view, because rules of professional responsibility are geared toward more adversarial forms of legal practice, they at best provide no answers and may provide wrong answers to ethical questions that arise in ADR. One solution would be to create new, separate, "role-specific" ethics rules for ADR …