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Legal Ethics and Professional Responsibility Commons

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Full-Text Articles in Legal Ethics and Professional Responsibility

Table Of Contents, Seattle University Law Review Sep 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


The Fiduciary Obligations Of Public Officials, Vincent R. Johnson Aug 2019

The Fiduciary Obligations Of Public Officials, Vincent R. Johnson

St. Mary's Journal on Legal Malpractice & Ethics

At various levels of government, the conduct of public officials is often regulated by ethical standards laid down by legislative enactments, such as federal or state statutes or municipal ordinances. These rules of government ethics are important landmarks in the field of law that defines the legal and ethical obligations of public officials. Such provisions can form the basis for the kinds of government ethics training that helps to minimize wrongful conduct by public servants and reduces the risk that the performance of official duties will be clouded by appearances of impropriety. Codified government ethics rules also frequently provide mechanisms …


State Bar Of California, Ashley Kearney, Bridget Fogarty Gramme Jul 2019

State Bar Of California, Ashley Kearney, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


Committee Of Bar Examiners, Samantha Steed, Bridget Fogarty Gramme Jul 2019

Committee Of Bar Examiners, Samantha Steed, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


Double Jeopardy Jul 2019

Double Jeopardy

Touro Law Review

No abstract provided.


Double Jeopardy Supreme Court Appellate Division Second Department Jul 2019

Double Jeopardy Supreme Court Appellate Division Second Department

Touro Law Review

No abstract provided.


State Bar Of California, Ashley Kearney, Bridget Fogarty Gramme May 2019

State Bar Of California, Ashley Kearney, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


Committee Of Bar Examiners, Samantha Steed, Bridget Fogarty Gramme May 2019

Committee Of Bar Examiners, Samantha Steed, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


The Policing Of Prosecutors: More Lessons From Administrative Law?, Aaron L. Nielson Apr 2019

The Policing Of Prosecutors: More Lessons From Administrative Law?, Aaron L. Nielson

Dickinson Law Review (2017-Present)

On a daily basis, prosecutors decide whether and how to charge individuals for alleged criminal conduct. Although many prosecutors avoid abusing this authority, prosecutors’ discretionary decisions might result in biased enforcement, inappropriate leveraging of authority, and a lack of transparency. These problems also arise when agency enforcement officials decide whether to act on conduct that violates a legal prohibition.

An inherent tension between the desire to avoid overburdening the system and the need to prevent inconsistent decision-making exists in the exercises of both prosecutorial discretion and regulatory enforcement discretion. It is clear from the similarities between the two that administrative …


Prosecutorial Discretion: The Difficulty And Necessity Of Public Inquiry, Bruce A. Green Apr 2019

Prosecutorial Discretion: The Difficulty And Necessity Of Public Inquiry, Bruce A. Green

Dickinson Law Review (2017-Present)

Prosecutors’ discretionary decisions have enormous impact on individuals and communities. Often, prosecutors exercise their vast power and discretion in questionable ways. This Article argues that, to encourage prosecutors to use their power wisely and not abusively, there is a need for more informed public discussion of prosecutorial discretion, particularly with regard to prosecutors’ discretionary decisions about whether to bring criminal charges and which charges to bring. But the Article also highlights two reasons why informed public discussion is difficult—first, because public and professional expectations about how prosecutors should use their power are vague; and, second, because, particularly in individual cases, …


Table Of Contents, Seattle University Law Review Feb 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Whistleblowing As A Ciceronian Moral Obligation To The State, Hailey Sylvander Jan 2019

Whistleblowing As A Ciceronian Moral Obligation To The State, Hailey Sylvander

Fordham Undergraduate Law Review

This Note explores the public law of whistleblowing through the lens of the Ancient Roman philosopher Marcus Tullius Cicero (106-43 BC). It first describes the current discourse on whistleblowing, justifications for whistleblowing, and a contemporary jurisprudential theory that examines those justifications. Then, the Note will explain Cicero’s theory on one’s duty to the state through acceptable public behavior, and how it relates to jurisprudence via the lens of morality. Next, the Note will apply Cicero’s theory to the case Department of Homeland Security v. Maclean to illustrate how the Supreme Court of the United States (the “Court”) has used precedent …