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Articles 1 - 17 of 17
Full-Text Articles in Judges
Law School News: Melissa Dubose L'04 Confirmed To Federal District Court 3-12-2024, Suzi Morales
Law School News: Melissa Dubose L'04 Confirmed To Federal District Court 3-12-2024, Suzi Morales
Life of the Law School (1993- )
No abstract provided.
To Write Or Not To Write: The Ethics Of Judicial Writings And Publishing, Nick Badgerow, Michael Hoeflich, Sarah Schmitz
To Write Or Not To Write: The Ethics Of Judicial Writings And Publishing, Nick Badgerow, Michael Hoeflich, Sarah Schmitz
St. Mary's Journal on Legal Malpractice & Ethics
Judges are bound by the Model Code of Judicial Conduct promulgated by the American Bar Association and adopted most states, including the federal judiciary. Within these rules governing judicial conduct, Judges owe duties to the public and to their calling, to be (and appear to be) objective, fair, judicious, and independent. When judges venture into the realm of extrajudicial writing—in the form of fiction novels, short stories, legal books, children’s books, and the like—they must consider the ethical bounds of that expression. The Model Code of Judicial Conduct imposes five main constraints upon extrajudicial writings: (a) a judge may not …
Why The Dobbs Draft Release Makes It Tougher To Teach Legal Ethics, Lynne Marie Kohm
Why The Dobbs Draft Release Makes It Tougher To Teach Legal Ethics, Lynne Marie Kohm
St. Mary's Journal on Legal Malpractice & Ethics
No abstract provided.
Reconceiving Ethics For Judicial Law Clerks, Gregory Bischoping
Reconceiving Ethics For Judicial Law Clerks, Gregory Bischoping
St. Mary's Journal on Legal Malpractice & Ethics
Judicial law clerks hold a unique and critical position in our legal system. They play a central part in the functioning of the judiciary, oftentimes writing the first draft of their judge’s opinions and serving as their trusted researcher and sounding board. Moreover, they are privy to the many highly confidential processes and private information behind the important work of the judiciary. It stands to reason the comprehensive set of ethical duties that bind the world of lawyers and judges should also provide guidance for judicial law clerks. The most important among those ethics rules is a duty of confidentiality. …
To Friend Or To Unfriend?: It's Time To Update The Status On What It Means To Be Facebook Friends, Carolina A. Del Campo
To Friend Or To Unfriend?: It's Time To Update The Status On What It Means To Be Facebook Friends, Carolina A. Del Campo
St. Thomas Law Review
This comment analyzes what a Facebook friendship encompasses in the legal profession and focuses on what courts, specifically Florida, recognize this relationship to mean. Part II provides an overview of the process for judicial disqualification and reviews the opinions released by the Florida Judicial Ethics Committee regarding judicial participation on social media." Part III discusses how traditional friendships have been considered in regards to judicial disqualification and compares what other states have understood a Facebook friendship to encompass versus what Florida has concluded. Lastly, Part IV proposes a new Judicial Ethics Opinion that reflects a more modernized understanding of the …
The Texas Standards For Appellate Conduct: An Annotated Guide And Commentary, Gina M. Benavides, Joshua J. Caldwell
The Texas Standards For Appellate Conduct: An Annotated Guide And Commentary, Gina M. Benavides, Joshua J. Caldwell
St. Mary's Journal on Legal Malpractice & Ethics
The legal profession is bound by ethical rules that govern and guide our conduct and actions as lawyers. One of the under-appreciated, but profoundly important set of guidelines is the Texas Standards for Appellate Conduct. These Standards serve as an excellent practice guide for appellate practitioners and appellate courts and as a model code of conduct for the Bar as a whole.
The goal of this Article is to dissect the Texas Standards for Appellate Conduct and provide useful commentaries for the readers to better appreciate and understand each element of the Standards. The commentaries provide direct case examples and …
A Status Update For Texas Voir Dire: Advocating For Pre-Trial Internet Investigation Of Prospective Jurors, Luke A. Harle
A Status Update For Texas Voir Dire: Advocating For Pre-Trial Internet Investigation Of Prospective Jurors, Luke A. Harle
St. Mary's Law Journal
The Internet provides trial attorneys an additional tool to investigate the backgrounds of prospective jurors during voir dire. Online searches of a person’s name and social media accounts can reveal information that could be used as grounds for a challenge for cause or to facilitate intelligent use of peremptory strikes. Texas lawmakers have not yet provided any official guidance as to whether attorneys can investigate prospective jurors online or how they might do so, should it be allowed. Texas’s current voir dire structure, judicial opinions, and ethics opinions, together, support the notion that Texas trial attorneys should be given opportunities …
Responding To Judicial And Lawyer Misconduct: Analyzing A Survey Of State Trial Court Judges, Peter M. Koelling
Responding To Judicial And Lawyer Misconduct: Analyzing A Survey Of State Trial Court Judges, Peter M. Koelling
St. Mary's Journal on Legal Malpractice & Ethics
While reported cases or incidents may give us insight into the interpretation of Rule 2.15 of the Model Code of Judicial Conduct, they do not give us a sense of how often judges undertake the obligation to act under the rule. The Judicial Division of the American Bar Association developed a survey to explore the interpretation and the implementation of Rule 2.15 of the Model Code of Judicial Conduct, and to determine how and in what manner state trial court judges responded to ethical violations by lawyers and other judges. The survey looked back over a ten-year period and was …
Police Misconduct - A Plaintiff's Point Of View, Fred Brewington
Police Misconduct - A Plaintiff's Point Of View, Fred Brewington
Touro Law Review
No abstract provided.
Criminal Prosecution And Section 1983, Barry C. Scheck
Criminal Prosecution And Section 1983, Barry C. Scheck
Touro Law Review
No abstract provided.
Problems Concerning Litigating Custom And Practice Cases, Steve Ryals
Problems Concerning Litigating Custom And Practice Cases, Steve Ryals
Touro Law Review
No abstract provided.
Judicial Rhetoric & Lawyers' Roles, Samuel J. Levine
Judicial Rhetoric & Lawyers' Roles, Samuel J. Levine
Samuel J. Levine
Notwithstanding the rich scholarly literature debating the proper roles of lawyers and the precise contours of lawyers’ ethical conduct, as a descriptive matter, the American legal system operates as an adversarial system, premised in part upon clear demarcations between the functions of different lawyers within the system. Broadly speaking, prosecutors have the distinct role of serving justice, which includes the duty to try to convict criminal defendants who are deserving of punishment, in a way that is consistent with both substantive and procedural justice. In contrast, private attorneys have a duty to zealously represent the best interests of their clients, …
Judicial Rhetoric & Lawyers' Roles, Samuel J. Levine
Judicial Rhetoric & Lawyers' Roles, Samuel J. Levine
Scholarly Works
Notwithstanding the rich scholarly literature debating the proper roles of lawyers and the precise contours of lawyers’ ethical conduct, as a descriptive matter, the American legal system operates as an adversarial system, premised in part upon clear demarcations between the functions of different lawyers within the system. Broadly speaking, prosecutors have the distinct role of serving justice, which includes the duty to try to convict criminal defendants who are deserving of punishment, in a way that is consistent with both substantive and procedural justice. In contrast, private attorneys have a duty to zealously represent the best interests of their clients, …
Embodying Law In The Garden: An Autoethnographic Account Of An Office Of Law, Matilda Arvidsson
Embodying Law In The Garden: An Autoethnographic Account Of An Office Of Law, Matilda Arvidsson
Dr Matilda Arvidsson
Based on an autoethnographical study of the office of the tingsnotarie this article questions the relation between the ethical self and the act of taking up a judicial office, employing the question of how I can live with (my) law. While the office and the ethical self are kept apart, often by recourse to persona, I make a case for the attendance to the self in examinations of ethical responsibility when pursuing an office of law. I propose that the garden, and in particular the practices and notions of (en)closure, (loss of) direction, cultivation, (dis)order, authorship and care-for-the-other which are …
Making Stuff Up, Richard H. Underwood
Making Stuff Up, Richard H. Underwood
Law Faculty Scholarly Articles
Beginning with an article in this Journal almost thirty years ago, Professor Underwood continues to research and write about legal ethics and litigation. In this Commentary, he offers a witty look at several cases where, in his opinion, the judge allowed improper arguments to the jury.
Pro Se Defendants And The Appointment Of Advisory Counsel, H. Patrick Furman
Pro Se Defendants And The Appointment Of Advisory Counsel, H. Patrick Furman
Publications
This article provides an overview of advisory counsel used to assist pro se criminal defendants, including the appointment and duties of advisory counsel, ethical obligations, and considerations for trial judges and prosecutors.
Self-Regulation Of Judicial Misconduct Could Be Mis-Regulation, Anthony D'Amato
Self-Regulation Of Judicial Misconduct Could Be Mis-Regulation, Anthony D'Amato
Michigan Law Review
Judge Harry T. Edwards has written a lucid and seemingly logical plea for the judiciary to be granted exclusive self-regulation over all matters of judicial misconduct that fall short of crimes or impeachable offenses. His essay demonstrates the seriousness with which he regards misconduct that would bring shame to the federal judiciary. He believes that the judiciary as a whole is the best institution to ascertain and take measures against individual aberrant judges who are guilty of various forms of misconduct, and I have no doubt of the sincerity of his belief. Yet when we look at claims for self-regulation …