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Legal Ethics and Professional Responsibility Commons™

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1990

Discipline
Institution
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Articles 1 - 30 of 66

Full-Text Articles in Legal Ethics and Professional Responsibility

Legal Ethics, L. Ray Patterson Dec 1990

Legal Ethics, L. Ray Patterson

Mercer Law Review

With one exception, the legal ethics cases this year involved well established rules of law. The case constituting the exception dealt with the breach of a rule of ethics as the basis for a malpractice claim. This Article will discuss that issue first and then will proceed to discuss other relevant cases.

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Self-Regulation Of Judicial Misconduct Could Be Mis-Regulation, Anthony D'Amato Dec 1990

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 …

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Book Review, Mitchell M. Simon Sep 1990

Book Review, Mitchell M. Simon

RISK: Health, Safety & Environment (1990-2002)

Review of the book Codes of Professional Responsibility (Rena A. Gorlin, ed., BNA Books, 1990). This 555 page book includes 43 codes of conduct promulgated by the major professional associations in business, health, and law. Each code is preceded by a brief description of the relevant association, including its address and phone number, and information relating to implementation and enforcement. The book concludes with three helpful resource lists including: first, research centers, educational programs and governmental bodies dealing with ethical issues; second, journals and periodical services; and, third, bibliographies, databases and libraries with special ethics collections. The resource sections and …

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Legal Representation And The Next Steps Toward Client Control: Attorney Malpractice For The Failure To Allow The Client To Control Negotiation And Pursue Alternatives To Litigation, Robert F. Cochran, Jr. Sep 1990

Legal Representation And The Next Steps Toward Client Control: Attorney Malpractice For The Failure To Allow The Client To Control Negotiation And Pursue Alternatives To Litigation, Robert F. Cochran, Jr.

Washington and Lee Law Review

No abstract provided.

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Lawyer's Justice, William A. Edmundson May 1990

Lawyer's Justice, William A. Edmundson

Michigan Law Review

A Review of Lawyers and Justice: An Ethical Study by David Luban, and The Social Responsibilities of Lawyers: Case Studies by Philip B. Heymann and Lance Liebman

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Clearly Erroneous: The Fourth Circuit's Decision To Uphold Removal Of A State-Bar Disciplinary Proceeding Under The Federal-Officer Removal Statute, Franklin D. Cleckley Apr 1990

Clearly Erroneous: The Fourth Circuit's Decision To Uphold Removal Of A State-Bar Disciplinary Proceeding Under The Federal-Officer Removal Statute, Franklin D. Cleckley

West Virginia Law Review

No abstract provided.

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Attorney And Client—Conflict Of Interest—Prohibition Against Appearance Of Impropriety Retained Under Model Rules Of Professional Conduct. First American Carriers, Inc. V. Kroger Co., 302 Ark. 86, 787 S.W.2d 669 (1990)., David Ivers Apr 1990

Attorney And Client—Conflict Of Interest—Prohibition Against Appearance Of Impropriety Retained Under Model Rules Of Professional Conduct. First American Carriers, Inc. V. Kroger Co., 302 Ark. 86, 787 S.W.2d 669 (1990)., David Ivers

University of Arkansas at Little Rock Law Review

No abstract provided.

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Restraining The Overly Zealous Advocate: Time For Judicial Intervention, Paul Lowell Haines Apr 1990

Restraining The Overly Zealous Advocate: Time For Judicial Intervention, Paul Lowell Haines

Indiana Law Journal

No abstract provided.

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Are Law And Morality Distinct?, William A. Edmundson Mar 1990

Are Law And Morality Distinct?, William A. Edmundson

Brigham Young University Journal of Public Law

No abstract provided.

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A Moral Dilemma: The Role Of Judicial Intervention In Withholding Or Withdrawing Nutrition And Hydration, 23 J. Marshall L. Rev. 537 (1990), Anthony M. Peccarelli Jan 1990

A Moral Dilemma: The Role Of Judicial Intervention In Withholding Or Withdrawing Nutrition And Hydration, 23 J. Marshall L. Rev. 537 (1990), Anthony M. Peccarelli

UIC Law Review

No abstract provided.

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A Response To Irwin Kramer's Reply, 23 J. Marshall L. Rev. 585 (1990), Anthony M. Peccarelli Jan 1990

A Response To Irwin Kramer's Reply, 23 J. Marshall L. Rev. 585 (1990), Anthony M. Peccarelli

UIC Law Review

No abstract provided.

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42 U.S.C. 1981 Does Not Provide A Remedy For Racial Harassment During Employment., Jeffrey A. Lacy Jan 1990

42 U.S.C. 1981 Does Not Provide A Remedy For Racial Harassment During Employment., Jeffrey A. Lacy

St. Mary's Law Journal

In Patterson v. McLean Credit Union, the United States Supreme Court held 42 U.S.C. § 1981 does not provide a remedy for racial harassment during employment. In 1976, in Runyon v. McCrary, the Court expanded the scope of § 1981 to cover private discrimination in contractual settings, including racial discrimination in private schools, when previously unavailable. More than a decade after the Runyon decision, the Supreme Court in Patterson, established that there were limits to § 1981’s applicability in private racial discrimination claims. Specifically, the Court held while § 1981 prohibits discriminatory conduct while entering into or enforcing a contract, …

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Personal Injury Actions Under The Dtpa., Paul N. Gold, George (Tex) Quesada Jan 1990

Personal Injury Actions Under The Dtpa., Paul N. Gold, George (Tex) Quesada

St. Mary's Law Journal

Abstract Forthcoming.

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Commanding Respect: Criminal Sanctions For Environmental Crimes., Eva M. Fromm Jan 1990

Commanding Respect: Criminal Sanctions For Environmental Crimes., Eva M. Fromm

St. Mary's Law Journal

Abstract Forthcoming.

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What Price Innocence - A Realistic View Of The Innocent Landowner Defense Under Cercla., Debra L. Baker, Theodore G. Baroody Jan 1990

What Price Innocence - A Realistic View Of The Innocent Landowner Defense Under Cercla., Debra L. Baker, Theodore G. Baroody

St. Mary's Law Journal

Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to provide the federal government and the states with authority to clean up hazardous waste sites. This article discusses the significance of the so-called “innocent landowner defense” under CERCLA. This Act imposed liability on landowners regardless of the landowner’s contribution to, or awareness of, the presence of hazardous substances on their acquired property. The exceedingly, and apparently unintentionally, harsh impact of CERCLA liability soon became apparent. This article addresses a brief summary of the statute and the manner in which the innocent landowner defense came into existence. …

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Estate Planning For The Non-Taxable Estate., Mcken V. Carrington Jan 1990

Estate Planning For The Non-Taxable Estate., Mcken V. Carrington

St. Mary's Law Journal

No abstract provided.

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The Whole Truth Or Nothing But The Truth - Should Attorneys Who Advertise Be Required To Disclose Prior Disciplinary Actions Taken Against Them., Sara Murray Jan 1990

The Whole Truth Or Nothing But The Truth - Should Attorneys Who Advertise Be Required To Disclose Prior Disciplinary Actions Taken Against Them., Sara Murray

St. Mary's Law Journal

A state should not require attorneys who advertise to disclose all prior disciplinary actions in their advertisements. Attorney advertising, like other forms of commercial speech, is not immune to state regulation. The American public deserves access to accurate information about legal services, and lawyers have a duty to provide such information. However, attorneys and all other citizens have a constitutional right not to speak. A state must balance the competing interests carefully when the public’s right to know clashes with an individual’s right not to speak. There are several arguments against requiring attorneys to disclose all prior disciplinary actions in …

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Employer's Burden Of Rebutting Prima Facie Case Under Disparate Impact Theory Is One Of Production While Ultimate Burden Of Persuasion Remains With Complainant., Erik R. Sunde Jan 1990

Employer's Burden Of Rebutting Prima Facie Case Under Disparate Impact Theory Is One Of Production While Ultimate Burden Of Persuasion Remains With Complainant., Erik R. Sunde

St. Mary's Law Journal

Abstract Forthcoming.

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A Reasonable Belief That A Third Party Had Authority To Consent To A Search Is An Exception To The Warrant Requirement., S. Jeffrey Gately Jan 1990

A Reasonable Belief That A Third Party Had Authority To Consent To A Search Is An Exception To The Warrant Requirement., S. Jeffrey Gately

St. Mary's Law Journal

In Illinois v. Rodriguez, the Supreme Court granted certiorari to determine whether a warrantless search is valid when police rely on consent of a third party whom they reasonably believe had common authority over an area but does not. A reasonable belief that a third party had authority to consent to a search is an exception to the warrant requirement. The Fourth Amendment to the United States Constitution protects people and their possessions by prohibiting unreasonable searches by government authorities. Although this protection extends to any place where a person may claim a reasonable expectation of privacy, it especially protects …

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Texas Adopts The Outstanding Balance Method Of Determining Whether Monies Bid At A Foreclosure Sale Involving Wraparound Mortgages Generate Excess Proceeds Or Constitute A Deficiency., Cynthia K. Brotman Jan 1990

Texas Adopts The Outstanding Balance Method Of Determining Whether Monies Bid At A Foreclosure Sale Involving Wraparound Mortgages Generate Excess Proceeds Or Constitute A Deficiency., Cynthia K. Brotman

St. Mary's Law Journal

Abstract Forthcoming.

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Kentucky's New Rules Of Professional Conduct For Lawyers, Eugene R. Gaetke Jan 1990

Kentucky's New Rules Of Professional Conduct For Lawyers, Eugene R. Gaetke

Kentucky Law Journal

No abstract provided.

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Government Regulations Authorizing M.Andatory Alcohol And Drug Testing Of Private Railroad Employees On Less Than Individualized Suspicion To Enhance Safety Are Constitutional, Keith Dorsett Jan 1990

Government Regulations Authorizing M.Andatory Alcohol And Drug Testing Of Private Railroad Employees On Less Than Individualized Suspicion To Enhance Safety Are Constitutional, Keith Dorsett

St. Mary's Law Journal

No abstract provided.

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Dedication., Ernest A. Raba Jan 1990

Dedication., Ernest A. Raba

St. Mary's Law Journal

Abstract Forthcoming.

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Dtpa In The Courts: Two Empirical Studies And A Proposal For Change., Nancy Friedman Atlas, Scott J. Atlas, Raymond T. Nimmer Jan 1990

Dtpa In The Courts: Two Empirical Studies And A Proposal For Change., Nancy Friedman Atlas, Scott J. Atlas, Raymond T. Nimmer

St. Mary's Law Journal

Abstract Forthcoming.

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Limitation Of Liability Of Limited Partners While Affording Control Of Partnership Affairs To Limited Partners., Kenneth L. Bennight Jr., Troy (Trey) S. Martin Iii Jan 1990

Limitation Of Liability Of Limited Partners While Affording Control Of Partnership Affairs To Limited Partners., Kenneth L. Bennight Jr., Troy (Trey) S. Martin Iii

St. Mary's Law Journal

This article examines the liability provisions of the Texas Revised Act Section 3.03 and compares it with other uniform limited partnership acts. It attempts to ascertain the amount of control a limited partner can exercise over the partnership without risking unlimited liability as a general partner. Limited partners invest capital and share in the profits of the business, but their liability is limited to the amount of capital they invest. If the limited partners exercise control over the business, however, the limited partners may forfeit their limited liability and become liable as general partners. In the last century, the law …

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The Stagnation Of Texas Ground Water Law: A Political V. Environmental Stalemate., Karen H. Norris Jan 1990

The Stagnation Of Texas Ground Water Law: A Political V. Environmental Stalemate., Karen H. Norris

St. Mary's Law Journal

The rapidly increasing Texas population coupled with the scarcity of water resources has created an urgent need for regulation of ground water pumpage. The extraction of ground water in Texas remains largely unregulated. Texas landowners, by virtue of their surface ownership, have property rights in all underlying ground water. As such, Texas landowners have the right to unlimited pumpage of the ground water beneath their land. Texas landowners have jealously guarded this right at the expense of our environment and future water resources. The Texas legislature created conservative underground water districts to help preserve water resources. However, the limited scope …

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Allowing A Child Abuse Victim To Testify Via One-Way Closed-Circuit Television Does Not Violate A Criminal Defendant's Sixth Amendment Confrontation Clause Right If The Trial Court Specifically Finds Such A Procedure Necessary To Protect The Child's Welfare., Lisa R. Miller Jan 1990

Allowing A Child Abuse Victim To Testify Via One-Way Closed-Circuit Television Does Not Violate A Criminal Defendant's Sixth Amendment Confrontation Clause Right If The Trial Court Specifically Finds Such A Procedure Necessary To Protect The Child's Welfare., Lisa R. Miller

St. Mary's Law Journal

In Maryland v. Craig, the Supreme Court held allowing child abuse victims to testify via one-way closed-circuit television does not violate a criminal defendant’s Sixth Amendment Confrontation Clause right if the trial court finds the procedure necessary to protect the child’s welfare. Although “confront” has generally been interpreted to mean “face-to-face,” on occasion, it may yield to public policy considerations and the compelling necessities of particular cases. The original purpose of the confrontation right was to prevent the accusers in a criminal proceeding from using ex parte affidavits or depositions against a defendant, in lieu of personal testimony. The Craig …

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A Practical Guide To The Admissibility Of Novel Expert Evidence In Criminal Trials Under Federal Rule 702., Cathleen C. Herasimchuk Jan 1990

A Practical Guide To The Admissibility Of Novel Expert Evidence In Criminal Trials Under Federal Rule 702., Cathleen C. Herasimchuk

St. Mary's Law Journal

No abstract provided.

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Pitfalls Of Public Policy: The Case Of Arbitration Agreements., Jeffrey W. Stempel Jan 1990

Pitfalls Of Public Policy: The Case Of Arbitration Agreements., Jeffrey W. Stempel

St. Mary's Law Journal

No abstract provided.

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University Of Richmond Law Review Jan 1990

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

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