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Legal Ethics and Professional Responsibility Commons™
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Articles 1 - 30 of 93
Full-Text Articles in Legal Ethics and Professional Responsibility
Ethical Problems In Tax Practice, L. Paige Marvel, Paula M. Junghans
Ethical Problems In Tax Practice, L. Paige Marvel, Paula M. Junghans
William & Mary Annual Tax Conference
No abstract provided.
The Morality Of Intimate Faculty-Student Relationships, Nicholas Dixon
The Morality Of Intimate Faculty-Student Relationships, Nicholas Dixon
Center for the Study of Ethics in Society Papers
Presented September 19, 1996 for the Center for the Study of Ethics in Society
Executing Rapists: A Reluctant Essay On The Ethics Of Legal Scholarship, Michael Mello
Executing Rapists: A Reluctant Essay On The Ethics Of Legal Scholarship, Michael Mello
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Screen Verité: Do Rules About Ethical Screens Reflect The Truth About Real-Life Law Firm Practice?, Lee A. Pizzimenti
Screen Verité: Do Rules About Ethical Screens Reflect The Truth About Real-Life Law Firm Practice?, Lee A. Pizzimenti
University of Miami Law Review
No abstract provided.
Class Action Reform, Qui Tam, And The Role Of The Plaintiff, Jill E. Fisch
Class Action Reform, Qui Tam, And The Role Of The Plaintiff, Jill E. Fisch
All Faculty Scholarship
No abstract provided.
Lawyer Creeds And Moral Seismography, James E. Moliterno
Lawyer Creeds And Moral Seismography, James E. Moliterno
Faculty Publications
No abstract provided.
Hear No Evil, See No Evil, Speak No Evil: The Intolerable Conflict For Attorney-Mediators Between The Duty To Maintain Mediation Confidentiality And The Duty To Report Fellow Attorney Misconduct, Pamela A. Kentra
BYU Law Review
No abstract provided.
Former-Client Conflicts, Charles W. Wolfram
Privacy And Information Technology, Judith Wagner Decew
Privacy And Information Technology, Judith Wagner Decew
Center for the Study of Ethics in Society Papers
Presented March 17, 1997 for the Center for the Study of Ethics in Society
Lawyer,Know Thyself: A Review Of Empirical Research On Attorney Attributes Bearingon Professionalism , Susan Daicoff
Lawyer,Know Thyself: A Review Of Empirical Research On Attorney Attributes Bearingon Professionalism , Susan Daicoff
American University Law Review
No abstract provided.
Limiting Lawyer Liability In West Virginia, Michael T. Escue
Limiting Lawyer Liability In West Virginia, Michael T. Escue
West Virginia Law Review
No abstract provided.
Cadwalader, Rupa And Fiduciary Duty, Donald J. Weidner
Cadwalader, Rupa And Fiduciary Duty, Donald J. Weidner
Washington and Lee Law Review
No abstract provided.
Awarding Attorney's Fees To Pro Se Litigants Under Rule 11, Jeremy D. Spector
Awarding Attorney's Fees To Pro Se Litigants Under Rule 11, Jeremy D. Spector
Michigan Law Review
Among the myriad rules and statutes designed to curb litigation abuse, Rule 11 of the Federal Rules of Civil Procedure ("FRCP") is "the most widely used and most controversial of the sanctions rules." The increased use of Rule ll during the last fifteen years and the recent proliferation of fee-shifting provisions in federal statutes4 have led to an onslaught of motions for attorney's fees in the federal district courts. Simultaneously, these courts are seeing an increasing number of pro se litigants appear before them. The confluence of these two trends has produced the seemingly paradoxical result of pro se parties …
The Legal Advice Requirement Of The Attorney-Client Privilege: A Special Problem For In-House Counsel And Outside Attorneys Representing Corporations, Grace M. Giesel
The Legal Advice Requirement Of The Attorney-Client Privilege: A Special Problem For In-House Counsel And Outside Attorneys Representing Corporations, Grace M. Giesel
Mercer Law Review
The attorney-client privilege protects certain communications between attorney and client from compelled disclosure. The privilege applies to clients who are individuals as well as to corporate clients. The lawyers providing legal services to corporations may be outside attorneys who are employees of law firms. Many corporations, however, rely on in-house attorneys for many, if not all, of their legal needs. Often, in-house attorneys have official responsibilities that involve them in the management of the company. Even if the attorneys do not have official nonlegal responsibilities, the corporation may seek the opinion of inhouse attorneys with regard to all sorts of …
The Case Of Mrs. Jones Revisited: Paternalism And Autonomy In Lawyer-Client Counseling, Mark Spiegel
The Case Of Mrs. Jones Revisited: Paternalism And Autonomy In Lawyer-Client Counseling, Mark Spiegel
BYU Law Review
No abstract provided.
The Laws Of Genetics, Michael S. Baram
The Laws Of Genetics, Michael S. Baram
Faculty Scholarship
It used to be that high technology meant nuclear physics and missile systems, and presented the threat of physical destruction. Today, "high tech" means biotechnology and electronic communication systems, and the focus has shifted to concerns about more subtle problems like loss of privacy, inability to control personal information, and the discriminations and other adversities that often follow.
Cries And Whispers: Environmental Hazards, Model Rule 1.6, And The Attorney's Conflicting Duties To Clients And Others, Irma S. Russell
Cries And Whispers: Environmental Hazards, Model Rule 1.6, And The Attorney's Conflicting Duties To Clients And Others, Irma S. Russell
Faculty Works
No abstract provided.
Notre Dame Lawyer - Spring 1997, Notre Dame Law School
Cries And Whispers: Environmental Hazards, Model Rule 1.6, And The Attorney's Conflicting Duties To Clients And Others, Irma S. Russell
Cries And Whispers: Environmental Hazards, Model Rule 1.6, And The Attorney's Conflicting Duties To Clients And Others, Irma S. Russell
Washington Law Review
This Article explores the attorney's duty of confidentiality in the context of environmental dangers, examining the history and purpose of the duty and the model ethical rule that controls issues of confidentiality, Rule 1.6 of the Model Rules of Professional Conduct ("Model Rules"). Important scholarship has criticized Model Rule 1.6, but that scholarship has not explored the effects of the Rule in the area where the stakes are highest: environmental catastrophes. The Article analyzes the Rule's text, commentary, and legislative history and discusses the two predominant views of the attorney in our society, the attorney as champion and as officer …
"Assume A Rather Large Boat . . ": The Mess We Have Made Of Partnership Law, Allan W. Vestal
"Assume A Rather Large Boat . . ": The Mess We Have Made Of Partnership Law, Allan W. Vestal
Washington and Lee Law Review
No abstract provided.
Freedom Of Contract, Fiduciary Duties, And Partnerships: The Bargain Principle And The Law Of Agency, J. Dennis Hynes
Freedom Of Contract, Fiduciary Duties, And Partnerships: The Bargain Principle And The Law Of Agency, J. Dennis Hynes
Washington and Lee Law Review
No abstract provided.
Fiduciary Duty Contracts In Unincorporated Firms, Larry E. Ribstein
Fiduciary Duty Contracts In Unincorporated Firms, Larry E. Ribstein
Washington and Lee Law Review
No abstract provided.
The Naked Emperor: A Corporate Lawyer Looks At Rupa's Fiduciary Provisions, Lawrence E. Mitchell
The Naked Emperor: A Corporate Lawyer Looks At Rupa's Fiduciary Provisions, Lawrence E. Mitchell
Washington and Lee Law Review
No abstract provided.
Government Lawyers And Their Private “Clients” Under The Fair Housing Act, Eugene R. Gaetke, Robert G. Schwemm
Government Lawyers And Their Private “Clients” Under The Fair Housing Act, Eugene R. Gaetke, Robert G. Schwemm
Law Faculty Scholarly Articles
In strengthening enforcement of the federal Fair Housing Act, Congress in the 1988 Fair Housing Amendments Act ("FHAA") authorized government lawyers from the Justice Department, the Department of Housing and Urban Development, and state and local civil rights agencies to prosecute cases "on behalf of” persons aggrieved by housing discrimination. This new enforcement scheme has led to a heightened level of administrative complaints and litigated cases in which government lawyers are put in the potentially difficult position of having to represent both their agency and private complainants.
The "triangular" relationships created by the FHAA between government lawyers and their public …
Organizational Determinants Of Law Firm Integration , Elizabeth Chambliss
Organizational Determinants Of Law Firm Integration , Elizabeth Chambliss
American University Law Review
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Critical Race Praxis: Race Theory And Political Lawyering Practice In Post-Civil Rights America, Eric K. Yamamoto
Critical Race Praxis: Race Theory And Political Lawyering Practice In Post-Civil Rights America, Eric K. Yamamoto
Michigan Law Review
At the end of the twentieth century, the legal status of Chinese Americans in San Francisco's public schools turns on a requested judicial finding that a desegregation order originally designed to dismantle a system subordinating nonwhites now invidiously discriminates against Chinese Americans. Brian Ho, Patrick Wong, and Hilary Chen, plaintiffs in Ho v. San Francisco Unified School District, represent "all [16,000] children of Chinese descent" eligible to attend San Francisco's public schools. Their high-profile suit, filed by small-firm attorneys, challenges the validity of a 1983 judicial consent decree desegregating San Francisco's schools. Approved in response to an NAACP class action …
Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri
Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri
Michigan Law Review
So much depends upon a rope in Mobile, Alabama. To hang Michael Donald, Henry Hays and James "Tiger" Knowles tied up "a piece of nylon rope about twenty feet long, yellow nylon." They borrowed the rope from Frank Cox, Hays's brother-in-law. Cox "went out in the back" of his mother's "boatshed, or something like that, maybe it was in the lodge." He "got a rope," climbed into the front seat of Hays's Buick Wildcat, and handed it to Knowles sitting in the back seat. So much depends upon a noose. Knowles "made a hangman's noose out of the rope," thirteen …
Representing Race Outside Of Explicitly Racialized Contexts, Naomi R. Cahn
Representing Race Outside Of Explicitly Racialized Contexts, Naomi R. Cahn
Michigan Law Review
Welfare "as we know it" ended in 1996, a victim of a conservatism that views welfare recipients as lazy and immoral. One aspect of welfare that is, however, unlikely to experience radical change is child support. More vigorous child support enforcement has become an increasingly important component of federal welfare reform bills over the past two decades because of the twin hopes of fiscal and parental responsibility: first, that child support will reimburse welfare costs, and second, that fathers will take more responsibility for their children. Child support programs within the welfare system perpetuate a negative perception of poor people. …
The Underrepresentation Of Minorities In The Legal Profession: A Critical Race Theorist's Perspective, Alex M. Johnson Jr.
The Underrepresentation Of Minorities In The Legal Profession: A Critical Race Theorist's Perspective, Alex M. Johnson Jr.
Michigan Law Review
Over the last four years, I have taught a course in Critical Race Theory at the University of Virginia School of Law three times. Although each course is different, given the interplay between the teacher and the students and the integration of new developments into the course, there has been one constant subject that the students and I address: Of what import is the development of Critical Race Theory for the legal profession and larger society? Can Critical Race Theory have a positive or any effect for those outside legal academia? This article represents an attempt to explore that question …
Constituição, Soberania E Ditadura Em Carl Schmitt, Ronaldo Porto Macedo Junior
Constituição, Soberania E Ditadura Em Carl Schmitt, Ronaldo Porto Macedo Junior
Ronaldo Porto Macedo Junior
On the basis of a reconstruction of Schmitt's decisionism and of the analysis of its effects on key terms of his conception like democracy, sovereignty and dictatorship, Schmitt'sthought is examined regarding his theoretical and practical positions on the constitutional issues of Weimar's Germany and of National-socialism. Special attention is given to how for him the unity and the hierarchy of the political powers and of the lae demand a strong State and a centralized command instead of a pluralistic balance.