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Legal Ethics and Professional Responsibility Commons

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Journal

1988

Discipline
Institution
Keyword
Publication

Articles 1 - 30 of 47

Full-Text Articles in Legal Ethics and Professional Responsibility

Who Should Decide The Appropriate Response To The Criminal Defendant Who Proposes Or Commits Perjury: A Comparison Of The North Carolina Rules Of Professional Conduct And The America Bar Association's Model Rules Of Professional Conduct, Patricia H. Marschall Oct 1988

Who Should Decide The Appropriate Response To The Criminal Defendant Who Proposes Or Commits Perjury: A Comparison Of The North Carolina Rules Of Professional Conduct And The America Bar Association's Model Rules Of Professional Conduct, Patricia H. Marschall

North Carolina Central Law Review

No abstract provided.


The Noblesse Oblige Tradition In The Practice Of Law, David Luban May 1988

The Noblesse Oblige Tradition In The Practice Of Law, David Luban

Vanderbilt Law Review

In 1905 Louis D. Brandeis delivered a talk entitled The Opportunity in the Law to the Harvard Ethical Society.' It was delivered as a pep talk, what Harvard Law Professor Duncan Kennedy, seventy-six years later, would refer to as "the old address to the troops." Brandeis hoped to rally law students to his vision of the moral possibilities of legal practice-specifically, the elite corporate legal practice into which Brandeis could assume his audience would enter. Brandeis was concerned that elite lawyers were becoming thralls of robber-baron capitalists, that they were ignoring the possibilities of law practice as a kind of …


Justice And Judges, Joseph L. Daly May 1988

Justice And Judges, Joseph L. Daly

BYU Law Review

No abstract provided.


Professional Responsibility Issues In Administrative Adjudication, L. Harold Levinson May 1988

Professional Responsibility Issues In Administrative Adjudication, L. Harold Levinson

Brigham Young University Journal of Public Law

No abstract provided.


Professional Responsibility Issues In Administrative Adjudication: A Colorado Perspective, Judith F. Schulman May 1988

Professional Responsibility Issues In Administrative Adjudication: A Colorado Perspective, Judith F. Schulman

Brigham Young University Journal of Public Law

No abstract provided.


Defensive Defense Lawyering Or Defending The Criminal Defense Lawyer From The Client, John Wesley Hall Jr. Apr 1988

Defensive Defense Lawyering Or Defending The Criminal Defense Lawyer From The Client, John Wesley Hall Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.


Teaching Professional Responsibility In Law School, Alvin Esau Mar 1988

Teaching Professional Responsibility In Law School, Alvin Esau

Dalhousie Law Journal

After eight years of teaching a three-credit course on The Legal Profession and Professional Responsibility to second- and third-year law students, I am left with a sense of great dissatisfaction with the whole enterprise. So deep is my dissatisfaction that I am questioning whether to continue or move into a different course instead. This paper is an opportunity to take stock of my experience and attempt to map out the causes of my dissatisfaction, and to seek some vision, if possible, of what the course should be about, how to teach it, and why I should bother. To give the …


Professional Responsibility, Michael Howlett, Shelley Dunck Jan 1988

Professional Responsibility, Michael Howlett, Shelley Dunck

Loyola University Chicago Law Journal

No abstract provided.


Reconciling Conflicts In Illinois Judicial Ethics, Charles F. Scott Judge Jan 1988

Reconciling Conflicts In Illinois Judicial Ethics, Charles F. Scott Judge

Loyola University Chicago Law Journal

No abstract provided.


Moral Character: The Personal And The Political, Deborah L. Rhode Jan 1988

Moral Character: The Personal And The Political, Deborah L. Rhode

Loyola University Chicago Law Journal

No abstract provided.


Why, And How, Judges Should Study Poetry, William T. Braithwaite Jan 1988

Why, And How, Judges Should Study Poetry, William T. Braithwaite

Loyola University Chicago Law Journal

No abstract provided.


Art And Law: At Home And Abroad, Douglass Boshkoff Jan 1988

Art And Law: At Home And Abroad, Douglass Boshkoff

Indiana Law Journal

No abstract provided.


Facilitative Ethics In Divorce Mediation: A Law And Process Approach, Steven H. Hobbs Jan 1988

Facilitative Ethics In Divorce Mediation: A Law And Process Approach, Steven H. Hobbs

University of Richmond Law Review

Mediation is becoming a vital part of family legal problem solving and is creating new challenges for the lawyer practicing in the family law setting. The American Bar Association, the Association of Family and Conciliation Courts and others recently have proposed standards of behavior for mediators where none have existed before. States also have attempted to define the appropriate realm of ethical practice for family mediation.


The Federal Trade Commission's Evolving Deception Policy, Jack E. Karns Jan 1988

The Federal Trade Commission's Evolving Deception Policy, Jack E. Karns

University of Richmond Law Review

The Federal Trade Commission (FTC) has regulated competitive business activities since its inception in 1915. Section 5 of the Federal Trade Commission Act (FTCA) empowers the Commission to enjoin certain unfair -and deceptive business practices. As is the case with other regulatory statutes, Congress chose not to define certain terms in the FTCA, such as "deceptive," leaving this task to the FTC and the federal courts. The result has been a steady flow of federal case law clarifying the definition of a deceptive business act or practice.


The Applicability Of Evidentiary Privileges For Confidential Communications Before Congress, 21 J. Marshall L. Rev. 309 (1988), Thomas Millet Jan 1988

The Applicability Of Evidentiary Privileges For Confidential Communications Before Congress, 21 J. Marshall L. Rev. 309 (1988), Thomas Millet

UIC Law Review

No abstract provided.


Terminating The Guardianship: A New Role For State Courts., M. P. Duncan Iii Jan 1988

Terminating The Guardianship: A New Role For State Courts., M. P. Duncan Iii

St. Mary's Law Journal

Abstract Forthcoming.


Texas Civil Procedure - Evidence Of Net Worth - Net Worth Is Discoverable And Admissible Into Evidence For The Purpose Of Assessing Punitive Damages Recent Development., Mark A. Lindow Jan 1988

Texas Civil Procedure - Evidence Of Net Worth - Net Worth Is Discoverable And Admissible Into Evidence For The Purpose Of Assessing Punitive Damages Recent Development., Mark A. Lindow

St. Mary's Law Journal

Abstract Forthcoming.


Liability Of Parents For Conduct Of Their Child Under Section 33.01 Of The Texas Family Code: Defining The Requisite Standards Of Culpability., L. Wayne Scott Jan 1988

Liability Of Parents For Conduct Of Their Child Under Section 33.01 Of The Texas Family Code: Defining The Requisite Standards Of Culpability., L. Wayne Scott

St. Mary's Law Journal

Section 33.01 of the Texas Family Code uses archaic terms and needs to be updated to eliminate confusion. This section provides an expansive statutory avenue for recovering from the parent damages previously unavailable at common law for a child's acts. However, the extent of parental liability under both of the available statutory provisions—negligence and strict liability—is disputable. While section 33.01 currently uses the terms "willful" and "malicious," these terms should be excluded in favor of "intentional" and "grossly negligent conduct." In an age when tort liability is determined more from an insurance theory than a fault theory, section 33.01 of …


Texas Civil Procedure - Bill Of Review - Meritorious Defense Requirement In Bill Of Review Proceeding To Vacate Default Judgment, Without Effective Service Of Process Or Propert Notice Of Default Judgment, And Resulting In Adverse Consequences, Violates The Fourteenth Amendment's Due Process Clause Recent Development., William B. Nash Jan 1988

Texas Civil Procedure - Bill Of Review - Meritorious Defense Requirement In Bill Of Review Proceeding To Vacate Default Judgment, Without Effective Service Of Process Or Propert Notice Of Default Judgment, And Resulting In Adverse Consequences, Violates The Fourteenth Amendment's Due Process Clause Recent Development., William B. Nash

St. Mary's Law Journal

Abstract Forthcoming.


The Evolving Concept Of Preemption Removal: An Expansion Of Federal Jurisdiction., Scott Roberts Jan 1988

The Evolving Concept Of Preemption Removal: An Expansion Of Federal Jurisdiction., Scott Roberts

St. Mary's Law Journal

Federal jurisdiction based on preemption removal should extend to federal laws which meet the requirements of Franchise Tax Board v. Construction Laborers Vacation Trust and Metropolitan Life Insurance Company v. Taylor. The well-pleaded complaint rule restricts federal removal jurisdiction. The well-pleaded complaint rule requires a federal question appear on the face of the plaintiff’s complaint for federal jurisdiction to attach. Therefore, the defendant’s right to a federal forum depends upon whether the plaintiff chooses to invoke a federal claim in its complaint. Courts routinely criticize the linking of removal jurisdiction to the well-pleaded complaint rule for giving plaintiffs incentive to …


Consumer Protection - Deceptive Trade Practices - Breach Of Implied Warranty Requiring Goods Or Property To Be Modified Or Repaired In Good And Workmanlike Manner Actionable Under Deceptive Trade Practices-Consumer Protection Act Symposium - Business Tort Litigation - Case Note, N/A N/A Jan 1988

Consumer Protection - Deceptive Trade Practices - Breach Of Implied Warranty Requiring Goods Or Property To Be Modified Or Repaired In Good And Workmanlike Manner Actionable Under Deceptive Trade Practices-Consumer Protection Act Symposium - Business Tort Litigation - Case Note, N/A N/A

St. Mary's Law Journal

Abstract Forthcoming.


The Conflict Between The Parental Kidnapping Prevention Act And The Extradition Act: Naming The Custodial Parent Both Legal Guardian And Fugitive Comment., Suzanne Y. Lepori Jan 1988

The Conflict Between The Parental Kidnapping Prevention Act And The Extradition Act: Naming The Custodial Parent Both Legal Guardian And Fugitive Comment., Suzanne Y. Lepori

St. Mary's Law Journal

Abstract Forthcoming.


Federal Taxation - Publicly Traded Partnerships Deemed Corporations For Federal Taxation Purposes: New Internal Revenue Code Section 7704 Recent Development., Edward D. Biggers Jan 1988

Federal Taxation - Publicly Traded Partnerships Deemed Corporations For Federal Taxation Purposes: New Internal Revenue Code Section 7704 Recent Development., Edward D. Biggers

St. Mary's Law Journal

Abstract Forthcoming.


Scources Of Liberty In The Texas Bill Of Rights., Arvel (Rod) Ponton Iii Jan 1988

Scources Of Liberty In The Texas Bill Of Rights., Arvel (Rod) Ponton Iii

St. Mary's Law Journal

Many historical, economic, and philosophical forces have combined to create a uniquely “Texian” perspective on liberty that has heavily influenced the Texas Bill of Rights. The original Texas Bill of Rights was drafted in 1836, during the ascendancy of Jacksonian democracy, following the successful revolt from the military dictatorship of General Santa Anna. Texans had lived under Spanish civil law, Mexican constitutional law, a Mexican military dictatorship, English common law, and the Bill of Rights of the United States. The Texas Revolution, the fact that many Texans looked to American and English jurisprudence for guidance, the violation of many rights …


Products Liability: An Argument For Product Line Liability In Texas Symposium - Business Tort Litigation., Charles E. Cantu, David S. Goldberg Jan 1988

Products Liability: An Argument For Product Line Liability In Texas Symposium - Business Tort Litigation., Charles E. Cantu, David S. Goldberg

St. Mary's Law Journal

In today’s fast-paced business world, buyouts, takeovers, mergers, and other acquisitions are common occurrences. As a consequence of this corporate turnover, the consumer plaintiff injured while using a defective product may find the search for the proper defendant is futile, simply because the product is now marketed by a different legal entity. Generally, the consumer has no recourse against the manufacturer of the particular product which caused the injury if that manufacturer has since dissolved. This apparent unfairness, coupled with an increase in litigation of this nature over the last decade, has led to the judicial recognition of an exception …


Criminal Law - Mail Fraud - Mail Fraud Statute Restricted To The Protection Of Property Rights And Doesn Not Extend To The Protection Of The Intangible Right To Honest And Impartial State Government Case Note., Keith S. Hampton Jan 1988

Criminal Law - Mail Fraud - Mail Fraud Statute Restricted To The Protection Of Property Rights And Doesn Not Extend To The Protection Of The Intangible Right To Honest And Impartial State Government Case Note., Keith S. Hampton

St. Mary's Law Journal

Abstract Forthcoming.


Copyright Protection For Intellectual Property Rights To Recombinant Deoxyribonucleic Acid: A Proposal Comment., Donna Smith Jan 1988

Copyright Protection For Intellectual Property Rights To Recombinant Deoxyribonucleic Acid: A Proposal Comment., Donna Smith

St. Mary's Law Journal

Abstract Forthcoming.


Deadlines And Extension Motions In Civil Appellate Litigation., Timothy Patton Jan 1988

Deadlines And Extension Motions In Civil Appellate Litigation., Timothy Patton

St. Mary's Law Journal

Abstract Forthcoming.


Landlord Implicitly Warrants That Commercial Premises Suited For Inteded Use; Tenant's Duty To Pay Rent Dependent Upon Landlord Honoring Implied Warranty., Troy (Trey) S. Martin Iii Jan 1988

Landlord Implicitly Warrants That Commercial Premises Suited For Inteded Use; Tenant's Duty To Pay Rent Dependent Upon Landlord Honoring Implied Warranty., Troy (Trey) S. Martin Iii

St. Mary's Law Journal

Abstract Forthcoming.


When Is An Attorney Unreasonable And Vexatious? Jan 1988

When Is An Attorney Unreasonable And Vexatious?

Washington and Lee Law Review

No abstract provided.