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Legal Ethics and Professional Responsibility Commons™
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Full-Text Articles in Legal Ethics and Professional Responsibility
A Typology Of Justice Department Lawyers' Roles And Responsibilities, Rebecca Roiphe
A Typology Of Justice Department Lawyers' Roles And Responsibilities, Rebecca Roiphe
Articles & Chapters
President Trump’s administration has persistently challenged the legitimacy of the Department of Justice (“DOJ”). In the past, DOJ, like other governmental institutions, has been fairly resilient. Informal norms and practices have served to preserve its proper functioning, even under pressure. The strain of the past three years, however, has been different in kind and scale. This Article offers a typology of different roles for DOJ lawyers and argues that over time the institution has evolved by allocating different functions and responsibilities to different positions within DOJ. By doing so, it has for the most part maintained the proper balance between …
The Challenge Of Seeing Justice Done In Removal Proceedings, Jason A. Cade
The Challenge Of Seeing Justice Done In Removal Proceedings, Jason A. Cade
Scholarly Works
Prosecutorial discretion is a critical part of the administration of immigration law. This Article considers the work and responsibilities of the Immigration and Customs Enforcement (ICE) trial attorneys, who thus far have not attracted significant scholarly attention, despite playing a large role in the ground-level implementation of immigration law and policy. The Article makes three main contributions. First, I consider whether ICE attorneys have a duty to help ensure that the removal system achieves justice, rather than indiscriminately seek removal in every case and by any means necessary. As I demonstrate, trial attorneys have concrete obligations derived from statutory provisions, …
1998 Survey Of Ethics In Land-Use Planning, Patricia E. Salkin
1998 Survey Of Ethics In Land-Use Planning, Patricia E. Salkin
Patricia E. Salkin
No abstract provided.
Crisis On The Immigration Bench: An Ethical Perspective, Michele Benedetto
Crisis On The Immigration Bench: An Ethical Perspective, Michele Benedetto
Journal of the National Association of Administrative Law Judiciary
The troubled status of the immigration court system has garnered much attention from scholars, appellate judges, and even the United States Attorney General. This article suggests a new lens through which to examine the acknowledged crisis in immigration courts: judicial ethics. Because the term judicial ethics encompasses a broad array of principles, the article narrows its focus to bias and incompetence on the part of immigration judges in the courtroom. Immigration judges operate as a unique judiciary under the Executive Branch of government. An examination of the modern immigration court system, including inadequate disciplinary procedures for immigration judges, reveals that …
Chasing The Atticus Code - Preserving Adjudication Integrity In Local Administrative Hearings , Michael N. Widener
Chasing The Atticus Code - Preserving Adjudication Integrity In Local Administrative Hearings , Michael N. Widener
Journal of the National Association of Administrative Law Judiciary
In the United States administrative law realm, there purportedly exist more than 19 thousand municipal governments, 16 thousand town or township governments; three thousand county governments, 13 thousand school districts and 35 thousand special district governments. This essay argues that these local adjudicative loci largely neglect the ethical guidance or direction of lawyers serving in government-official capacities without holding elected nor judicial positions. I dub these decision-makers “Atticus.” Citizens support the notion of external codes of professional responsibility for such persons not necessarily because they believe that “lawyering rules” are well constructed or property enforced, but because they doubt lawyers …
Municipal Ethics Remain A Hot Topic In Litigation: A 1999 Survey Of Issues In Ethics For Municipal Lawyers, Patricia E. Salkin
Municipal Ethics Remain A Hot Topic In Litigation: A 1999 Survey Of Issues In Ethics For Municipal Lawyers, Patricia E. Salkin
Patricia E. Salkin
No abstract provided.
Judging Ethics For Administrative Law Judges: Adoption Of A Uniform Code Of Judicial Conduct For The Administrative Judiciary, Patricia E. Salkin
Judging Ethics For Administrative Law Judges: Adoption Of A Uniform Code Of Judicial Conduct For The Administrative Judiciary, Patricia E. Salkin
Patricia E. Salkin
No abstract provided.
Allocating Influence, Heidi R. Anderson
Allocating Influence, Heidi R. Anderson
Heidi R Anderson
As more lawmaking is achieved at the administrative agency level, the issue of whether and how to apply the rules of legal ethics to lawyers that lobby agency decision makers grows more important; however, at this time, the ethics of influencing is a murky area in need of clarification. Any attempt to clarify the ethics of influencing should start with a core principle underlying modern legal ethics — the avoidance and/or resolution of conflicts of interest. Accordingly, this Article addresses a conflict of interest — the “allocating influence conflict”— that, to date, has escaped proper identification or analysis. In its …
Agenda: Shifting Baselines And New Meridians: Water, Resources, Landscapes, And The Transformation Of The American West, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Shifting Baselines And New Meridians: Water, Resources, Landscapes, And The Transformation Of The American West, University Of Colorado Boulder. Natural Resources Law Center
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
The Center’s 29th annual conference will focus on the changes in the West resulting from rapid population growth, development, disrupted historical weather patterns and the effects of those changes on land, water, and energy resources. Speakers and panelists will address the adaptability of the legal and political institutions and how the transformation of the West may foreshadow fundamental changes to these institutions.
The agenda includes panel discussions that will address:
- Water for the 21st Century —the big questions in Western water and rethinking Western water law.
- The Future of Energy —practical and sophisticated solutions to overcome the energy …
Slides: Meaningful Engagement: The Public's Role In Resource Decisions, Mark Squillace
Slides: Meaningful Engagement: The Public's Role In Resource Decisions, Mark Squillace
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: Mark Squillace, Director, Natural Resources Law Center, University of Colorado Law School
22 slides
Private Rights And Collective Governance: A Functional Approach To Natural Resources Law, Eric T. Freyfogle
Private Rights And Collective Governance: A Functional Approach To Natural Resources Law, Eric T. Freyfogle
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
4 pages.
"Eric T. Freyfogle, Max L. Rowe Professor of Law, University of Illinois College of Law"
Investigating The Special: The Symbolic Function Of The Independent Counsel, Judith Roof
Investigating The Special: The Symbolic Function Of The Independent Counsel, Judith Roof
Indiana Law Journal
Symposium on "Law, Morality, and Popular Culture in the Public Sphere" at the Indiana University School of Law-Bloomington, April 6, 2001.
Judging Ethics For Administrative Law Judges: Adoption Of A Uniform Code Of Judicial Conduct For The Administrative Judiciary, Patricia E. Salkin
Judging Ethics For Administrative Law Judges: Adoption Of A Uniform Code Of Judicial Conduct For The Administrative Judiciary, Patricia E. Salkin
Scholarly Works
No abstract provided.
Alj Ethics: Conundrums, Dilemmas, And Paradoxes, John L. Gedid
Alj Ethics: Conundrums, Dilemmas, And Paradoxes, John L. Gedid
John L. Gedid
No abstract provided.
Modern Ethical Dilemmas For Aljs And Government Lawyers: Conflicts Of Interest, Appearances Of Impropriety, And Other Ethical Considerations, Introduction, Robert C. Power
Robert C Power
No abstract provided.
Municipal Ethics Remain A Hot Topic In Litigation: A 1999 Survey Of Issues In Ethics For Municipal Lawyers, Patricia E. Salkin
Municipal Ethics Remain A Hot Topic In Litigation: A 1999 Survey Of Issues In Ethics For Municipal Lawyers, Patricia E. Salkin
Scholarly Works
No abstract provided.
1998 Survey Of Ethics In Land-Use Planning, Patricia E. Salkin
1998 Survey Of Ethics In Land-Use Planning, Patricia E. Salkin
Scholarly Works
No abstract provided.
Representing The Water Client [Outline], David W. Robbins
Representing The Water Client [Outline], David W. Robbins
Western Water Law in Transition (Summer Conference, June 3-5)
3 pages.
Agenda: Western Water Law In Transition, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Western Water Law In Transition, University Of Colorado Boulder. Natural Resources Law Center
Western Water Law in Transition (Summer Conference, June 3-5)
Conference organizers and/or faculty included University of Colorado School of Law professors James N. Corbridge, Jr., Lawrence J. MacDonnell, Richard B. Collins, David H. Getches and Charles F. Wilkinson.
The prior appropriation doctrine has governed the allocation and use of water in the western United States since the 1850s. The shifting nature of water demand is bringing about changes in the traditional legal system. This conference will consider the fundamental principles of the prior appropriation doctrine together with the important new developments in the law now underway throughout the West.