Legal Ethics and Professional Responsibility Commons^™

Private Sanctions, Public Harm?, Jon J. Lee

BYU Law Review

The legal profession has a secret. In response to widespread public distrust in the profession’s ability to regulate itself, disciplinary authorities have undertaken modest efforts over the last several decades to make their activities more transparent. They have opened up their formal proceedings, publicized the identities of sanctioned attorneys, and shared information about their work online. But at the same time, most have quietly continued to resolve cases of ostensibly “minor” and “isolated” misconduct through private sanctions, keeping the identities of disciplined attorneys – and their misconduct – hidden from view.

This Article takes a comprehensive look at private sanctions …

Scaling Daos Through Fiduciary Duties, Alex Dolphin

BYU Law Review

DAOs (Decentralized Autonomous Organizations) are a unique type of business organization due in large part to their directly democratic governance structure. Owners of DAOs, “tokenholders,” do not delegate control to a board or a general partner. Rather, tokenholders directly control a DAO and must approve every action that a DAO takes. Because tokenholders do not delegate control to an agent, the principal-agent problem is tempered in DAOs. The principal-agent problem is the basis for the fiduciary duties that govern traditional business organizations. These fiduciary duties are meant to prevent agents entrusted with power by their principals from self-dealing. Some have …

Guilt-Free Markets? Unconscionability, Conscience, And Emotions, Hila Keren

BYU Law Review

Despite record-level economic inequalities and a vast growth in market exploitation, courts remain surprisingly reluctant to exercise their power to invalidate the resulting predatory contracts. There is no doubt that courts are authorized to invalidate predatory contracts based on their unconscionability. There is, however, an ongoing debate regarding the desirability of utilizing this judicial power in a capitalist society. This Article enters the discussion from a unique angle: it focuses less on the bottom line of jurisprudence and more on the law’s expressive power—the fact that the law’s impact extends beyond its ability to sanction or reward behaviors. Specifically, the …

Scout’S Honor: The Boy Scouts, Judicial Ethics, And The Appearance Of Partiality, Daniel Ortner

BYU Law Review

No abstract provided.

Raising The Bar: Establishing An Effective Remedy Against Ineffective Counsel, Joseph H. Ricks

BYU Law Review

No abstract provided.

"Standing" On Formality: Hollingsworth V. Perry And The Efficacy Of Direct Democracy In The United States, Matthew Melone, George A. Nation Iii

Brigham Young University Journal of Public Law

No abstract provided.

Justice As A Luxury? The Inefficacy Of Middle Class Pro Se Litigation And Exploring Unbundling As A Partial Solution, Deborah Beth Medows

Brigham Young University Journal of Public Law

No abstract provided.

The Folly Of Expecting Evil: Reconsidering The Bar’S Character And Fitness Requirement, Leslie C. Levin

BYU Law Review

No abstract provided.

Clark Memorandum: Spring 2014, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• Guardians of the Law (Sheila McCleve)
• Revisiting Humility (Brett G. Scharffs)
• Defending Innocence (Gregory W. Moeller)
• Martin Luther King and the Good Samaritan (Goodwin Liu)
• Oliver Cowdery (Jeffrey N. Walker)

Civic Virtue, Seth P. Waxman

Vol. 3: Religious Conviction

This J. Reuben Clark Law School convocation address was given at the Provo Tabernacle on April 27, 2001.

Latter-Day Saint Lawyers And The Public Square, Quentin L. Cook

Vol. 3: Religious Conviction

This satellite fireside address was given to the J. Reuben Clark Law Society at the Conference Center Little Theater in Salt Lake City on March 13, 2009.

Liberty, Civility, And Professionalism, Ming W. Chin

Vol. 3: Religious Conviction

This address was given at the Orrin G. Hatch Distinguished Trial Lawyer Lecture Series at BYU Law School on November 7, 2008.

The 21st Century As The Century Of Duties?, John W. Welch

Vol. 3: Religious Conviction

This address was given at the J. Reuben Clark Law Society Conference at Stanford University on February 16, 2012.

Heroes For Our Time: Going Beyond Ethical Codes, Thomas D. Morgan

Vol. 3: Religious Conviction

This J. Reuben Clark Law School convocation address was given at the Provo Tabernacle on April 24, 1992.

Unto Whom Much Is Given, James R. Rasband

Vol. 3: Religious Conviction

This address was given to entering law students at BYU Law School on August 19, 2009.

Clark Memorandum: Fall 2012, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum

• Education Multipliers (Mehrsa Baradaran)
• Integrity and the Practice of Law (William A. Tilleman)
• He Answered Discreetly (Elder L. Whitney Clayton)
• On Becoming a Good Apple (Thomas B. Griffith)

Unfounded Allegations That John Yoo Violated His Ethical Obligations As A Lawyer: A Critical Analysis Of The Torture Memo, Carrie L. Flores

Brigham Young University Journal of Public Law

No abstract provided.

In Search Of Atticus Finch, Lance B. Wickman

Vol. 2: Service & Integrity

This satellite fireside address was given to the J. Reuben Clark Law Society at the Conference Center in Salt Lake City on February 10, 2006.

A Personal Philosophy Of Professionalism, Cecil O. Samuelson

Vol. 2: Service & Integrity

This address was President Samuelson’s first public speech since the announcement on March 18, 2003, that he would become the 12th president of Brigham Young University on May 1, 2003. It was given to the Salt Lake Chapter of the J. Reuben Clark Law Society at the Joseph Smith Memorial Building in Salt Lake City on April 7, 2003.

Acquired By Character, Not By Money, Kenneth W. Starr

Vol. 2: Service & Integrity

This J. Reuben Clark Law School convocation address was given at the Provo Tabernacle on April 27, 1990.

Be Healers, James E. Faust

Vol. 2: Service & Integrity

This satellite fireside address was given to the J. Reuben Clark Law Society at the Conference Center in Salt Lake City on February 28, 2003.

Three Assumptions Lawyers Must Never Make, Brett G. Scharffs

Vol. 2: Service & Integrity

This Spirit of the Law address was given at BYU Law School on March 9, 2005.

On Being Ethical Lawyers, Sandra Day O'Connor

Vol. 2: Service & Integrity

This satellite fireside address was given to the J. Reuben Clark Law Society at Sandra Day O’Connor College of Law at Arizona State University, in Tempe, Arizona, on February 15, 2008.

Words Of Hate, Words Of Love, Constance K. Lundberg

Vol. 2: Service & Integrity

This devotional address was given to the BYU student body on March 11, 2003.

Avoiding Pitfalls, Dale A. Whitman

Vol. 2: Service & Integrity

This J. Reuben Clark Law School convocation address was given at the Provo Tabernacle on April 24, 2003.

Clark Memorandum: Spring 2009, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum

• Lawyers and the Rule of Law (James D. Gordon III)
• The Truth About Media Subpoenas (RonNell Anderson Jones)
• A Mother's Pace (Gwyn Goodson McNeal)
• Liberty, Civility, and Professionalism (Ming W. Chin)
• Leaders and Learning (Kim B. Clark)

Clark Memorandum: Spring 2008, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum

• On Being Ethical Lawyers (Sandra Day O'Connor)
• On the Wings of My Fathers (Larry Echo Hawk)
• The Relevance of Religious Freedom (Michael K. Young)
• A Walk by Faith (Elder Bruce C. Hafen)

Clark Memorandum: Spring 2007, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum

• Learning from Our Conflicts (Gerald R. Williams)
• Aligning Our Ethical Compass (Deborah L. Rhode)
• Balancing Family, Church, and Profession (Annette W. Jarvis, Brent J. Belnap, Keith K. Hilbig, Marcus B. Nash, Steven E. Snow)
• The House that Rex Built (Dee v. Benson)

Everything I Wanted To Know About Teaching Law School I Learned From Being A Kindergarten Teacher: Ethics In The Law School Classroom, Debra Moss Curtis

Brigham Young University Education and Law Journal

No abstract provided.

Clark Memorandum: Fall 2005, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum

• Looking Ahead (Scott M. Matheson, Jr.)
• Three Assumptions Lawyers Must Never Make (Brett G. Scharffs)
• Religious Doctrine and the Language of the Law (Derek P. Pullan)
• Faithful Sacrifice (Constance K. Lundberg)