Legal Ethics and Professional Responsibility Commons^™

Alter[Ing] People's Perceptions: The Challenge Facing Advocates Of Ancillary Business Practices, Marjorie Meeks

Indiana Law Journal

No abstract provided.

Legal Malpractice And The Bad Faith Exception To The American Rule: A Suggested Approach For Addressing Intentional Lawyer Misconduct

Washington and Lee Law Review

No abstract provided.

Rule 11 And Federalizing Lawyer Ethics, Judith A. Mcmorrow

BYU Law Review

No abstract provided.

The Ethics Reform Act Of 1989: Why The Taxman Can't Be A Paperback Writer, David A. Golden

BYU Law Review

No abstract provided.

Malpractice And Ethical Considerations, Frances Patricia Solari

North Carolina Central Law Review

No abstract provided.

Closing The Massachusetts Mutual V. Russell Gap: Monetary Damage Awards Under Erisa Section 502(A)(3)

Washington and Lee Law Review

No abstract provided.

Shielding The Plaintiff And Physician: The Prohibition Of Ex Parte Contacts With A Plaintiff's Treating Physician, David L. Woodard

Campbell Law Review

This Note will first explore the physician-patient privilege and the underlying policies which are often implicated in cases confronting challenges to ex parte interviews. Next, this Note will examine the reasoning from the jurisdictions which permit and those which prohibit ex parte interviews. Finally, this Note will analyze the North Carolina Supreme Court's decision to prohibit ex parte interviews.

Due Process

Touro Law Review

No abstract provided.

The Illinois Code Of Judicial Conduct And The Appearance Of Impropriety, Jeffrey M. Shaman

Loyola University Chicago Law Journal

No abstract provided.

The First Amendment, Burt Neuborne

Touro Law Review

No abstract provided.

The Discourse Ethics Alternative To Rust V. Sullivan, Gary Charles Leedes

University of Richmond Law Review

Legal theorists in the United States should pay more attention to Jiirgen Habermas. His theory of discourse ethics provides us with an enriched understanding of the term "normative validity." Discourse ethics "is concerned ...with the grounding of normativity . . .; its central focus is the . . . specification of appropriate validation procedures."' Once participants in political discourse agree on validation procedures, they are then in a position to achieve a fully rational consensus about normatively right laws that are in everyone's best interests.

Judicial Ethics: Political Activity And Fund Raising, Marlene Arnold Nicholson

Loyola University Chicago Law Journal

No abstract provided.

Neonatal Hiv Testing: Governmental Inspection Of The Baby Factory, 24 J. Marshall L. Rev. 571 (1991), Scott H. Isaacman

UIC Law Review

No abstract provided.

Right To Counsel

Touro Law Review

No abstract provided.

Procedural Solutions To The Attorney's Fee Problem In Complex Litigation, Christopher P. Lu

University of Richmond Law Review

Justice William Brennan once observed that disputes about attorneys' fees are "one of the least socially productive types of litigation imaginable." Socially productive or not, attorneys' fees are a major problem in complex litigation today because of both the time and resources needed to determine appropriate fees and the public perception that fees are excessive. While the attorneys' fee problem is not unique to complex suits, the problem is magnified because: 1) complex suits are often more protracted than ordinary suits and necessarily require more lawyers; 2) many fee shifting statutes can be triggered in complex suits; and 3) class …

The Availability Of Attorneys' Fees As A Necessary Cost Of Response In Private Cost-Recovery Actions Under Cercla, Heather M. Harvey

University of Richmond Law Review

In 1980, Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"). Its purpose was to remedy the environmental problems caused by abandoned hazardous waste sites. Prior to 1980, hazardous waste had been regulated primarily by the Resource Conservation and Recovery Act ("RCRA") and, to a lesser extent, by the Toxic Substances Control Act ("TSCA"). These statutes focused on the prevention of hazardous waste problems. Consequently, they proved inadequate to deal with the increasing threats posed by existing hazardous waste sites.' Congress drafted CERCLA to fill in the gap left by prior legislation.

Exporting Cigarettes: Do Profits Trump Ethics And International Law?, Robbie D. Schwartz

Vanderbilt Journal of Transnational Law

In recent years, United States cigarette manufacturers have focused their efforts on foreign markets, especially Asia, Eastern Europe, and Third World states. This Note examines the impetus behind the manufacturers' strategy, as well as the ethical and legal conflicts it creates.

The increase in United States cigarette exports results from a decline in the United States market, favorable market conditions abroad, and United States legislation that encourages foreign trade. While cigarette manufacturers point to the positive impact tobacco has on the United States economy, others argue that increased exportation inevitably will result in catastrophic health consequences worldwide. This Note explores …

Civil Disobedience And The Iawyer's Obligation To The Law, Judith A. Mcmorrow

Washington and Lee Law Review

No abstract provided.

Right To Counsel

Touro Law Review

No abstract provided.

Tdhs V. E.B., The Coup De Grace For Special Issues., John J. Sampson

St. Mary's Law Journal

Although the bench and bar have been recalcitrant in recognition, the Texas Supreme Court has declared the special interest experiment a failure. For nearly eighty years Texas has engaged in an experiment requiring juries answer specific, factually detailed inquiries in various circumstances. The theoretical justifications of special issue inquiries were to ease appeals processes and add clarity to jury decisions. Although the goals were meritorious, the actual result was jury confusion, inefficiency, complexity, and too many retrials. The Texas Supreme Court’s ruling in TDHS v. EB signals the end of special issues and mandates the use of broad form submissions. …

Entering The Thicket - Mandamus Review Of Texas District Court Witness Disclosure Orders., David W. Holman, Byron C. Keeling

St. Mary's Law Journal

In the absence of statutory authorization of interlocutory appeal, the writ of mandamus usually is the sole convenient remedy for an egregious trial court decision prior to judgment. The increasing number of mandamus petitions which annually invade the Texas appellate courts reflects the importance of the writ of mandamus. While once described as the “extraordinary” remedy, it is not uncommon for proceedings in a trial court to cease while a party seeks mandamus review of a controversial discovery ruling. One type of discovery rule which has not escaped mandamus review is the admission or exclusion of the testimony of witnesses …

Nude Dancing Conveying A Message Or Eroticism And Sexuality Is Protected By The First Amendment But Can Be Limited Under State Police Powers Provided The Government Establishes A Substantial, Content-Neutral Purpose., Fred S. Wilson

St. Mary's Law Journal

In Barnes v. Glen Theatre, Inc., the Supreme Court held the First Amendment protects nude dancing as conveying an expressive message, but state police powers may limit protection if the government establishes a substantial, content-neutral purpose. It is a principal of constitutional law where an actor intends to convey a message by expressive conduct, the First Amendment protection extends to that expression. Traditionally, time, place, and manner regulations restricting expressive conduct based on either the subject-matter of the message or the viewpoint of the actor receive content-based classification. However, content-based regulation of expressive conduct is constitutional only when narrowly drawn …

First-To-Invent: A Superior System For The United States., Ned L. Conley

St. Mary's Law Journal

The United States uses the first-to-invent patent system, which is a time-honored system not worth abandoning in pursuit of harmonization. First-to-invent and first-to-file patent systems incentivize different approaches to obtaining a patent. However, a first-to-invent approach is, in part, what has allowed the United States to lead the world in innovation and it should not abandon this approach. The United States patent system is unique when compared to most other patent systems used by democratic, capitalistic, developed nations. A first-to-invent system provides incentive to invent, particularly to inventors who are less well financed. The incentive to innovate is in the …

Recent Developments In Civil Rights Law (As Presented At The Common Cause 20th Anniversary Celebration At St. Mary's School Of Law On November 3, 1990) Address., Archibald Cox

St. Mary's Law Journal

Abstract Forthcoming.

Pyrrhic Victories And Glorious Defeats: Why Defendants Are Winning And Plaintiffs Are Losing The Struggle Over Actual Malice And Fictionalized Quotations., Richard A. Gonzales

St. Mary's Law Journal

This article reviews Masson v. New Yorker Magazine, a case of fabricated quotations. The article looks first at the legal background and Supreme Court's development of the actual malice standard. An analysis of the problem through journalistic ethics and investigation of the difficulties confronting libel plaintiffs will follow. Finally, the comment explores the misquotation problem from both a legal and a journalistic perspective.

Preserving Error On Appeal In Texas Civil Cases: A Practical Guide For Civil Appeals In Texas., John Hill Cayce Jr.

St. Mary's Law Journal

Fatal procedural errors can prevent appellees from preserving judgements and appellants from seeking review of court decisions on appeal. This article is a practical guide identifying critical concepts necessary to preserve the various rights of appeal. By examining the Texas Rules of Appellate Procedure, the author identifies procedural pitfalls attorneys may face when attempting to preserve appeals to the Texas Supreme Court or the appellate courts of Texas. Although the Texas Supreme Court has endeavored to eliminate procedural traps from civil appeals, a significant number of requests for appeal fail because lawyers do not follow the requirements necessary to preserve …

The Scope Of The Eighth Amendment Does Not Include A Per Se Bar To The Use Of Victim Impact Evidence In The Sentencing Phase Of A Capital Trial., Jimmie O. Clements Jr.

St. Mary's Law Journal

In Payne v. Tennessee, the United States Supreme Court held the scope of the Eighth Amendment does not include a per se bar to the use of victim impact evidence in the sentencing phase of a capital trial. As a result of Payne, the realm of information admissible during the sentencing phase of a capital trial now includes victim impact evidence. The use of victim impact evidence improperly diverts the sentencer’s attention away from the defendant’s moral blameworthiness to the victim’s character and reputation. Although advocates of victim’s rights may see this decision as a victory, the reasoning of the …

Foreword: Legal Ethics And Government Integrity, Cyrus Vance

Fordham Urban Law Journal

This foreword addresses "the need to uphold and maintain a high level of integrity in both the legal profession and in government." The author discusses the roles of self-regulation and ethical standards for ensuring integrity in the legal and governmental fields. "Public trust and confidence in lawyers and government officials alike require that members of each group strive to maintain the highest ethical standards. This issue of the Urban Law Journal contributes to our thinking about the need for and problems of preserving both government and professional integrity."

Reflections On Chairing The New York State Commission On Government Integrity, John D. Feerick

Fordham Urban Law Journal

"The New York State Commission on Government Integrity (Commission) was born from a sense of crisis. A series of corruption scandals in New York State, involving officials at all levels of government, produced widespread cynicism and distrust of government and created a perception that unethical, if not illegal, practices were rampant throughout the State. The scandals implicated borough presidents of New York City, political party chairmen, municipal officials, members of the State Legislature, judges and a host of other officials." Following the New York State Commission on Government Integrity's final report to Governor Mario Cuomo in September 1990, Chairman John …

Restoring The Public Trust: A Blueprint For Government Integrity, New York State Commission On Government Integrity

Fordham Urban Law Journal

September 1990 report of the New York State Commission on Government Integrity calling for "sweeping reforms to our laws to safeguard the public sector from the pressures brought to bear by private sector special interests and to reduce the temptation of officials to abuse their trust." In this "blueprint," the Commission identified several aspects of state government requiring legal and ethical reform, including: - campaign finance contribution limits, disclosure requirements, the public funding option, and ineffective enforcement by the State Board of Elections; - political influence in the judicial selection process; - limitations of the Ethics in Government Act; - …