Open Access. Powered by Scholars. Published by Universities.®
Legal Ethics and Professional Responsibility Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Arbitration (3)
- International arbitration (3)
- Professional responsibility (3)
- Arbitrators (2)
- Attorney conduct (2)
-
- Adjudication (1)
- Adjudicator (1)
- Chevron (1)
- Class actions (1)
- Code of ethics (1)
- Cross-border (1)
- Disclosure (1)
- Dispute resolution (1)
- Ecuador (1)
- Ethical rules (1)
- Forum non conveniens (1)
- Globalization (1)
- International (1)
- Law firms (1)
- Legal profession (1)
- Procedure (1)
- Profession (1)
- Texaco (1)
- Transnational (1)
- Transnational litigation (1)
Articles 1 - 4 of 4
Full-Text Articles in Legal Ethics and Professional Responsibility
When Bad Guys Are Wearing White Hats, Catherine A. Rogers
When Bad Guys Are Wearing White Hats, Catherine A. Rogers
Journal Articles
Allegations of ethical misconduct by lawyers have all but completely overshadowed the substantive claims in the Chevron case. While both sides have been accused of flagrant wrongdoing, the charges against plaintiffs’ counsel appear to have captured more headlines and garnered more attention. The primary reason why the focus seems lopsided is that plaintiffs’ counsel were presumed to be the ones wearing white hats in this epic drama. This essay postulates that this seeming irony is not simply an example of personal ethical lapse, but in part tied to larger reasons why ethical violations are an occupational hazard for plaintiffs’ counsel …
Regulating International Arbitrators: A Functional Approach To Developing Standards Of Conduct, Catherine A. Rogers
Regulating International Arbitrators: A Functional Approach To Developing Standards Of Conduct, Catherine A. Rogers
Journal Articles
Some scholars have protested that arbitrators are subject to less exacting regulation than barbers and taxidermists. The real problem with international arbitrators, however, is not that they are subject to less regulation, but that no one agrees about how they should be regulated. The primary reason for judicial and scholarly disagreement is that, instead of a coherent theory, analysis of arbitrator conduct erroneously relies on a misleading judicial referent and a methodologic failure to separate conduct standards (meaning those norms or rules that guide arbitrators' professional conduct) from enforcement standards (meaning those narrow grounds under which an arbitral award can …
Context And Institutional Structure In Attorney Regulation: Constructing An Enforcement Regime For International Arbitration, Catherine A. Rogers
Context And Institutional Structure In Attorney Regulation: Constructing An Enforcement Regime For International Arbitration, Catherine A. Rogers
Journal Articles
The question that looms large over the future of international arbitration is: How much should states yield to the international arbitration system? This Article attempts to answer the question as it applies to the specific context of regulating attorney conduct.
Fit And Function In Legal Ethics: Developing A Code Of Conduct For International Arbitration, Catherine A. Rogers
Fit And Function In Legal Ethics: Developing A Code Of Conduct For International Arbitration, Catherine A. Rogers
Journal Articles
In this Article, I develop a methodology for prescribing the normative content of a code of ethics for international arbitration, and in a forthcoming companion article, I propose integrated mechanisms for making those norms both binding and enforceable. In making these proposals, I reject the classical conception of legal ethics as a purely deontological product derived from first principles. I argue, instead, that ethics derive from the interrelational functional role of advocates in an adjudicatory system, and that ethical regulation must correlate with the structural operations of the system. The fit between ethics and function, I will demonstrate, not only …