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Legal Ethics and Professional Responsibility Commons

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Villanova University Charles Widger School of Law

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Articles 1 - 30 of 74

Full-Text Articles in Legal Ethics and Professional Responsibility

Gray Areas In Green Claims: Why Greenwashing Regulation Needs An Overhaul, Valerie J. Peterson Feb 2024

Gray Areas In Green Claims: Why Greenwashing Regulation Needs An Overhaul, Valerie J. Peterson

Villanova Environmental Law Journal

No abstract provided.


What A Waste! An Evaluation Of Federal And State Medical And Biohazard Waste Regulations During The Covid-19 Pandemic And Their Impact On Environmental Justice, Samantha Newman Feb 2023

What A Waste! An Evaluation Of Federal And State Medical And Biohazard Waste Regulations During The Covid-19 Pandemic And Their Impact On Environmental Justice, Samantha Newman

Villanova Environmental Law Journal

No abstract provided.


Wishing To Be Part Of That Court: How The Supreme Court's Decision In Bp P.L.C. V. Mayor Of Baltimore Lets Energy Companies Wander Free And Drown The Shore Up Above, Natalie Poirier Oct 2022

Wishing To Be Part Of That Court: How The Supreme Court's Decision In Bp P.L.C. V. Mayor Of Baltimore Lets Energy Companies Wander Free And Drown The Shore Up Above, Natalie Poirier

Villanova Environmental Law Journal

No abstract provided.


Foreword To The 2021 Villanova Law Review Norman J. Shachoy Symposium: Practical Ethics In Corporate Law: The Science, Instruction And "Real-World" Application, J. S. Nelson Feb 2022

Foreword To The 2021 Villanova Law Review Norman J. Shachoy Symposium: Practical Ethics In Corporate Law: The Science, Instruction And "Real-World" Application, J. S. Nelson

Villanova Law Review

No abstract provided.


Panel 1: Behavioral Ethics: The Science, Niki Den Nieuwenboer, Ann Tenbrunsel, Linda K. Treviño Feb 2022

Panel 1: Behavioral Ethics: The Science, Niki Den Nieuwenboer, Ann Tenbrunsel, Linda K. Treviño

Villanova Law Review

No abstract provided.


Panel 2: Lessons Learned From Research, Niki Den Nieuwenboer, Ann Tenbrunsel, Linda K. Treviño Feb 2022

Panel 2: Lessons Learned From Research, Niki Den Nieuwenboer, Ann Tenbrunsel, Linda K. Treviño

Villanova Law Review

No abstract provided.


Giving Voice To Values: How To Speak Your Mind When You Know What's Right, Mary C. Gentile Feb 2022

Giving Voice To Values: How To Speak Your Mind When You Know What's Right, Mary C. Gentile

Villanova Law Review

No abstract provided.


The Evolution Of Doj And Sec Expectations For Corporate Compliance Programs And Staying Ahead Of The Curve, Brian H. Benjet, Jamie Kurtz Feb 2022

The Evolution Of Doj And Sec Expectations For Corporate Compliance Programs And Staying Ahead Of The Curve, Brian H. Benjet, Jamie Kurtz

Villanova Law Review

No abstract provided.


Panel 3: How Behavioral Ethics Manifests In The Corporate "Real World": The Practitioner Perspective, Brian H. Benjet, Precious Murchison Gittens, Lawrence Oliver Ii, Nancy Peterson Feb 2022

Panel 3: How Behavioral Ethics Manifests In The Corporate "Real World": The Practitioner Perspective, Brian H. Benjet, Precious Murchison Gittens, Lawrence Oliver Ii, Nancy Peterson

Villanova Law Review

No abstract provided.


Double Standard: How Doj Flouts The No-Contact Rules Of Professional Responsibility, Lawrence Oliver Ii Feb 2022

Double Standard: How Doj Flouts The No-Contact Rules Of Professional Responsibility, Lawrence Oliver Ii

Villanova Law Review

No abstract provided.


Getting Away With Murder: How California State Law Determined Recovery In First Roundup Cancer Case Johnson V. Monsato Co., Eliza L. Quattlebaum May 2021

Getting Away With Murder: How California State Law Determined Recovery In First Roundup Cancer Case Johnson V. Monsato Co., Eliza L. Quattlebaum

Villanova Environmental Law Journal

No abstract provided.


Closing Remarks, J S. Nelson Feb 2021

Closing Remarks, J S. Nelson

Villanova Law Review Norman J. Shachoy Symposium

No abstract provided.


Featured Speaker, Mary C. Gentile Feb 2021

Featured Speaker, Mary C. Gentile

Villanova Law Review Norman J. Shachoy Symposium

No abstract provided.


Capitalizing On Healthy Lawyers: The Business Case For Law Firms To Promote And Prioritize Lawyer Well-Being, Jarrod F. Reich Sep 2020

Capitalizing On Healthy Lawyers: The Business Case For Law Firms To Promote And Prioritize Lawyer Well-Being, Jarrod F. Reich

Villanova Law Review

No abstract provided.


Beyond Microaggression: Overlapping Identities In Simulated Legal Practice, Peggy Cooper Davis, Danielle Davenport, Brence Pernell Sep 2020

Beyond Microaggression: Overlapping Identities In Simulated Legal Practice, Peggy Cooper Davis, Danielle Davenport, Brence Pernell

Villanova Law Review

No abstract provided.


You Snooze, You Lose, And Your Client Gets A Retrial: United States V. Ragin And Ineffective Assistance Of Counsel In Sleeping Lawyer Cases, Kimberly Sachs Jul 2017

You Snooze, You Lose, And Your Client Gets A Retrial: United States V. Ragin And Ineffective Assistance Of Counsel In Sleeping Lawyer Cases, Kimberly Sachs

Villanova Law Review

No abstract provided.


Ehb Review - Knowledge, Necessaries, And Bad Faith: What Department Of Environmental Protection V. Danfelt Means For Spousal Liability And Attorney Fee-Shifting, Michael J. Haviland Aug 2013

Ehb Review - Knowledge, Necessaries, And Bad Faith: What Department Of Environmental Protection V. Danfelt Means For Spousal Liability And Attorney Fee-Shifting, Michael J. Haviland

Villanova Environmental Law Journal

No abstract provided.


“Harmonizing Current Threats: Using The Outcry For Legal Education Reforms To Take Another Look At Civil Gideon And What It Means To Be An American Lawyer”, Cathryn A. Miller-Wilson Apr 2013

“Harmonizing Current Threats: Using The Outcry For Legal Education Reforms To Take Another Look At Civil Gideon And What It Means To Be An American Lawyer”, Cathryn A. Miller-Wilson

Working Paper Series

Drawing from the broad and varied literature on legal ethics, the paper demonstrates that legal education and access to justice concerns can and should be addressed simultaneously in our current political and economic climate. Current threats to legal education, and to lawyering in general, present an opportunity for legal education transformation. Applying legal ethics theory to an analysis of these threats provides support for the creation of teaching law firms, similar in size and scope to teaching hospitals, that will employ clinical teaching methodology, substantially enhance ethics teaching and significantly address the issue of access to justice.


Mission: Impossible, Mission: Accomplished Or Mission: Underway? A Survey And Analysis Of Current Trends In Professionalism Education In American Law Schools, Mary Ann Robinson Oct 2012

Mission: Impossible, Mission: Accomplished Or Mission: Underway? A Survey And Analysis Of Current Trends In Professionalism Education In American Law Schools, Mary Ann Robinson

Working Paper Series

This Article identifies common characteristics of effective professionalism instruction to provide guidance in how to design innovative professionalism instruction. After introducing the topic in Part I, Part II of this Article describes the origins and development of the professionalism education movement in American Law schools. Part III of this Article explains our methods for collecting information and identifies and summarizes the predominant trends, and provides examples of noteworthy programs or initiatives. Part IV concludes by describing our method for assessing successful programs and identifying the characteristics of effective professionalism instruction.


Necessity Defense To Felon-In-Possession Charges: The Third Circuit Justifies A Federal Justification Defense In Virgin Islands V. Lewis, Kathryn Maza Jan 2012

Necessity Defense To Felon-In-Possession Charges: The Third Circuit Justifies A Federal Justification Defense In Virgin Islands V. Lewis, Kathryn Maza

Villanova Law Review

The article presents information on the conceptions of morality and justice and the maximization of social welfare. The defense of necessity, its common law justification and the recognition of federal justification defense are discussed. The decisions made by the Third Circuit of the U.S. Court of Appeals in the trial of Virgin Islands v. Lewis, the judicial duty and the justification doctrine are also discussed.


Lawyers Judging Experts: Oversimplifying Science And Undervaluing Advocacy To Construct An Ethical Duty?, David S. Caudill Aug 2011

Lawyers Judging Experts: Oversimplifying Science And Undervaluing Advocacy To Construct An Ethical Duty?, David S. Caudill

Working Paper Series

My focus is on an apparent trend at the intersection of the fields of evidentiary standards for expert admissibility and professional responsibility, namely the eagerness to place more ethical responsibilities on lawyers to vet their proffered expertise to ensure its reliability. My reservations about this trend are not only based on its troubling implications for the lawyer’s duty as a zealous advocate, which already has obvious limitations (because of lawyers’ conflicting duties to the court), but are also based on the problematic aspects of many reliability determinations. To expect attorneys—and this is what the proponents of a duty to vet …


What's A Clean Agent To Do - The Case For A Cause Of Action Against A Player's Association, Chris Deubert Jan 2011

What's A Clean Agent To Do - The Case For A Cause Of Action Against A Player's Association, Chris Deubert

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Conflicts Of Interest In Criminal Cases: Should The Prosecution Have A Duty To Disclose?, Anne Poulin Feb 2010

Conflicts Of Interest In Criminal Cases: Should The Prosecution Have A Duty To Disclose?, Anne Poulin

Working Paper Series

This article addresses two types of conflicts of interests that arise in criminal cases: 1) when defense counsel has an employment relation to the prosecutor’s office, and 2) when defense counsel faces criminal investigation or charges. Both these situations threaten both the defendant’s representation and the actual as well as apparent fairness of the proceeding. Yet, only in extreme cases are these conflicts likely to result in a reversal of the defendant’s conviction. As a result, protection of the defendant and the fairness of the process often depends on early intervention, which allows the court to advise the defendant of …


Sports Agents: Ethical Representatives Or Overly Aggressive Adversaries, Stacey B. Evans Jan 2010

Sports Agents: Ethical Representatives Or Overly Aggressive Adversaries, Stacey B. Evans

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Legal Ethics And Scientific Testimony: In Defense Of Manufacturing Uncertainty, Deconstructing Expertise And Other Trial Strategies, David S. Caudill Jan 2007

Legal Ethics And Scientific Testimony: In Defense Of Manufacturing Uncertainty, Deconstructing Expertise And Other Trial Strategies, David S. Caudill

Villanova Law Review

No abstract provided.


The Mystery Of The Individual In Modern Law, Joseph Vining Jan 2007

The Mystery Of The Individual In Modern Law, Joseph Vining

Villanova Law Review

No abstract provided.


Of Apples And Trees: Adoption And Informed Consent, Ellen Wertheimer Nov 2006

Of Apples And Trees: Adoption And Informed Consent, Ellen Wertheimer

Working Paper Series

This article argues that the doctrine of informed consent should apply to the process of adopting a child. There is substantial evidence that all adopted children are at higher risk of learning disabilities and mental health problems than nonadopted children. The article first summarizes the social science evidence demonstrating these risks and discusses some of the reasons why more extensive studies have not yet been done. The article then turns to the law of informed consent as created and applied in the contexts of medicine and law, and concludes that informed consent doctrine should apply to the process of adoption. …


Lawyers In The Moral Maze , Mark A. Sargent Mar 2004

Lawyers In The Moral Maze , Mark A. Sargent

Working Paper Series

This article overviews the various forms of lawyer complicity in illegal or immoral behavior by corporate managers in the corporate scandals of the last three years, but focuses primarily on the question of why lawyers so often seemed willing to engage in or ignore behavior that presumably violated their own personal moral codes (whether religious or secular) as well as their professional role morality. The article draws on Robert Jackall's Moral Mazes (1988) for an answer derived from the sociology of corporate bureaucracies. Jackall's case studies of corporate managers found that managers adhered to the moral "rules-in-use" developed in their …


Recent Case: Pennsylvania Commonwealth Court Holds That A Lawyer May Be Liable For Malpractice For Failure To Ensure That A Mortgage Is Properly Filed And Indexed, Anthony Faranda-Diedrich Jan 2004

Recent Case: Pennsylvania Commonwealth Court Holds That A Lawyer May Be Liable For Malpractice For Failure To Ensure That A Mortgage Is Properly Filed And Indexed, Anthony Faranda-Diedrich

Villanova Law Review

No abstract provided.


Sarbanes-Oxley 307: Trusted Counselors Or Informers, M. Peter Moser, Stanley Keller Jan 2004

Sarbanes-Oxley 307: Trusted Counselors Or Informers, M. Peter Moser, Stanley Keller

Villanova Law Review

No abstract provided.