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Legal Ethics and Professional Responsibility Commons™

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Journal

2009

Discipline
Institution
Keyword
Publication

Articles 1 - 30 of 47

Full-Text Articles in Legal Ethics and Professional Responsibility

Free Speech & Tainted Justice: Restoring The Public's Confidence In The Judiciary In The Wake Of Republican Party Of Minnesota V. White, Gregory W. Jones Dec 2009

Free Speech & Tainted Justice: Restoring The Public's Confidence In The Judiciary In The Wake Of Republican Party Of Minnesota V. White, Gregory W. Jones

Chicago-Kent Law Review

The United States Supreme Court's 2002 decision in Republican Party of Minnesota v. White was the first shot fired in an ongoing battle over judicial campaign ethics. The White decision invalidated a Minnesota Canon of Judicial Conduct prohibiting judicial candidates from announcing their views on disputed legal or political topics. Subsequent to White, numerous states have faced challenges to their judicial canons of conduct by groups advocating for an increased breadth of permissible speech in judicial campaigns. While White and its progeny have safeguarded the first amendment rights of judicial candidates, significant concerns have been raised regarding how best to …

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Embedded Federal Questions, Exclusive Jurisdiction, And Patent-Based Malpractice Claims, Christopher G. Wilson Dec 2009

Embedded Federal Questions, Exclusive Jurisdiction, And Patent-Based Malpractice Claims, Christopher G. Wilson

William & Mary Law Review

No abstract provided.

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Legal Ethics, Patrick Emery Longan Dec 2009

Legal Ethics, Patrick Emery Longan

Mercer Law Review

This Article surveys legal ethics decisions of the Georgia appellate courts for a period from June 1, 2008 to May 31, 2009. The cases concern discipline of lawyers, ineffective assistance of counsel, judicial conduct, contempt, attorney fees, suits against lawyers, and a few miscellaneous matters.

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Private Practice And Cause Lawyering: A Practical And Ethical Guide, Bettina E. Brownstein Jul 2009

Private Practice And Cause Lawyering: A Practical And Ethical Guide, Bettina E. Brownstein

University of Arkansas at Little Rock Law Review

No abstract provided.

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Multilayered Governance, Pluralism, And Moral Conflict, Thomas Cottier Jul 2009

Multilayered Governance, Pluralism, And Moral Conflict, Thomas Cottier

Indiana Journal of Global Legal Studies

The quest for multilayered governance faces the problem of endemic tensions and disagreements in international relations and doubts as to whether nations truly share common values upon which an international society can be solidly built. Values, however, are equally controversial within the nation-state. We find similar tensions within domestic and regional layers of governance. In any system of governance, diverging and competing values are inevitable. There are differences in degree, but not in principle, when comparing traits of domestic and international governance. Legal experience in the fields of human rights and international trade regulation indicates that under such conditions, procedures …

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Legal Ethics Falls Apart, John Leubsdorf May 2009

Legal Ethics Falls Apart, John Leubsdorf

Buffalo Law Review

No abstract provided.

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The Central Intelligence Agency's "Family Jewels": Legal Then? Legal Now?, Daniel L. Pines Apr 2009

The Central Intelligence Agency's "Family Jewels": Legal Then? Legal Now?, Daniel L. Pines

Indiana Law Journal

Congress and the media recently have claimed that various activities of the Central Intelligence Agency (CIA)-from rendition operations, to the destruction of videotapes, to the maintenance of secret detention facilities overseas--are illegal. Critics levied similar charges against the CIA thirty-five years ago, with regard to activities contained in the "Family Jewels"--the 1973 compilation of the CIA's darkest secrets. The recent release of the Family Jewels provides the opportunity to try to put today's concerns in perspective. This Article evaluates the key activities conducted by the CIA as described in the Family Jewels-experimentation on unconsenting individuals, attempted targeted killings of foreign …

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Service To The Nation: A Living Legal Value For Justice Lawyers In Canada, Josh Wilner Apr 2009

Service To The Nation: A Living Legal Value For Justice Lawyers In Canada, Josh Wilner

Dalhousie Law Journal

Lawyers working within a living government require a living ethics, an approach to ethics that accounts for their day-to-day professional lives within the Department of Justice Canada. There are different archetypes of Justice lawyers, and thus a living ethics is also an ethics of place, one which is sensitive to the government institutions within and for which lawyers work and the functions they accomplish. The focus of this paper, which employs a virtue ethics methodology, is primarily civil litigators. Distinguishing between values (enduring beliefs that influence action) and ethics (the application of values in practice), the paper proposes "service to …

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The Citizen-Lawyer - A Brief Informal History Of A Myth With Some Basis In Reality, Robert W. Gordon Mar 2009

The Citizen-Lawyer - A Brief Informal History Of A Myth With Some Basis In Reality, Robert W. Gordon

William & Mary Law Review

No abstract provided.

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"Public Service Must Begin At Home": The Lawyer As Civics Teacher In Everyday Practice, Bruce A. Green, Russell G. Pearce Mar 2009

"Public Service Must Begin At Home": The Lawyer As Civics Teacher In Everyday Practice, Bruce A. Green, Russell G. Pearce

William & Mary Law Review

No abstract provided.

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Lawyers As Citizens, Deborah L. Rhode Mar 2009

Lawyers As Citizens, Deborah L. Rhode

William & Mary Law Review

No abstract provided.

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The Citizen Lawyer And The Administrative State, Edward Rubin Mar 2009

The Citizen Lawyer And The Administrative State, Edward Rubin

William & Mary Law Review

No abstract provided.

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Thoughts On The Ethical Culture Of A Prosecutor's Office, Patrick J. Fitzgerald Feb 2009

Thoughts On The Ethical Culture Of A Prosecutor's Office, Patrick J. Fitzgerald

Washington Law Review

I am truly honored to be asked to speak at this event, particularly an event held in honor of Norm Maleng. I want to talk about maintaining an ethical culture in a prosecutor’s office and give you a perspective on the things that have struck me after being an Assistant U.S. Attorney for about thirteen years—approaching seven years this fall as a U.S. Attorney, so about twenty years as a prosecutor. Some of the things I will say are obvious but worth repeating because we have to bear them in mind. Some are slightly subtle but worth pointing out. I …

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Qualcomm Inc. V. Broadcom Corp.: 9,259,985 Reasons To Comply With Discovery Requests, Kristen Mcneal Jan 2009

Qualcomm Inc. V. Broadcom Corp.: 9,259,985 Reasons To Comply With Discovery Requests, Kristen Mcneal

Richmond Journal of Law & Technology

Evolving technology has advanced communication throughout the business industry. Corporations use various communication methods to initiate conversation, propose business ventures, and relay correspondence from one place to another. Quite naturally, with the development of different means of communication, various innovations in the legal profession have materialized and gained popularity. One of these innovations is electronic discovery.

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The Ethics Of E-Mail, Thomas E. Spahn Jan 2009

The Ethics Of E-Mail, Thomas E. Spahn

Richmond Journal of Law & Technology

In many ways, communicating by e-mail and other forms of electronic transmission reflects a fundamentally different way of human interaction. Historians eventually will put this in perspective, but one could easily conclude that e-mails are essentially a “third way” for people to communicate.

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Ethics Of Pretexting In A Cyber World, Steven C. Bennett Jan 2009

Ethics Of Pretexting In A Cyber World, Steven C. Bennett

McGeorge Law Review

No abstract provided.

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Ethics As Self-Transcendence: Legal Education, Faith, And An Ethos Of Justice, Patrick Brown Jan 2009

Ethics As Self-Transcendence: Legal Education, Faith, And An Ethos Of Justice, Patrick Brown

Seattle University Law Review

Ethics is fundamentally about ethos, attitude, one's grounded stance or existential orientation, not the extrinsicism of concepts or the formalism of rules. Ethics concerns not just any orientation, but that intimate and demanding form of personal development manifested in the experience and practice of self-transcendence. Conversely, the neglect of ethics as self-transcendence introduces deep distortions into the way we socialize students into notions of ethics and professionalism. It introduces subsequent distortions into the conditions of legal practice. It encourages a superficial and extrinsic minimalism. It encourages, in effect, the disastrous conception of legal ethics as ethical legalism. I begin by …

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Achieving An Appropriate Balance: The Use Of Counsel Sanctions In Connection With The Resolution Of E-Discovery Misconduct, Thomas Y. Allman Jan 2009

Achieving An Appropriate Balance: The Use Of Counsel Sanctions In Connection With The Resolution Of E-Discovery Misconduct, Thomas Y. Allman

Richmond Journal of Law & Technology

This article evaluates the increased use of counsel sanctions in connection with discovery misconduct in the federal courts. Decisions such as Qualcomm Inc. v. Broadcom Corp. (Qualcomm) have drawn attention to the affirmative responsibilities of counsel for discovery and the ample authority available to sanction them under appropriate circumstances.

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Recognizing The "Bad Barrel" In Public Business Firms: Social And Organizational Factors In Misconduct By Senior Decision-Makers, James A. Fanto Jan 2009

Recognizing The "Bad Barrel" In Public Business Firms: Social And Organizational Factors In Misconduct By Senior Decision-Makers, James A. Fanto

Buffalo Law Review

No abstract provided.

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Reframing The Independence V. Accountability Debate: Defining Judicial Structure In Light Of Judges' Courage And Integrity, David Pimentel Jan 2009

Reframing The Independence V. Accountability Debate: Defining Judicial Structure In Light Of Judges' Courage And Integrity, David Pimentel

Cleveland State Law Review

The perennial debate over striking the right balance between judicial independence and judicial accountability largely misses the mark. The tension between these concepts arises only in the structural sense of the terms, i.e. the conflict lies in the structural approaches traditionally taken to protect independence and to enforce accountability. In actuality, our primary concern should be the judge's own sense of independence and her internal sense of accountability. These more subjective concepts--which may be termed “judicial courage” (for the judge who is willing to act independently) and “judicial integrity” (for the judge who is willing to hold herself accountable)--do not …

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The Practice Of Law As Response To God's Call, Susan J. Stabile Jan 2009

The Practice Of Law As Response To God's Call, Susan J. Stabile

Seattle University Law Review

Legal practice, like all human work, is a religious calling, a vocation. Section I of this Article will focus on work as a calling. Although I refer in my title to the practice of law as a response to God's call, I suggest that even those who are uncomfortable with the use of religious language can share a notion of law as a calling. Section II will address the need to discern one's place in the legal profession. Implicit in the notion of a calling is that our professional decisions are not merely internally driven, but are in response to …

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Observations On Leadership: Moral And Otherwise, 43 J. Marshall L. Rev. 159 (2009), William Arthur Wines Jan 2009

Observations On Leadership: Moral And Otherwise, 43 J. Marshall L. Rev. 159 (2009), William Arthur Wines

UIC Law Review

No abstract provided.

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The Magic Circle, Joshua A.T. Fairfield Jan 2009

The Magic Circle, Joshua A.T. Fairfield

Vanderbilt Journal of Entertainment & Technology Law

This Article examines the concept of the "magic circle," the metaphorical barrier that supposedly excludes real-world law from virtual worlds. The Article argues that this metaphor fails because there is no "real" world as distinguished from "virtual" worlds. Instead of a magic circle, this Article advocates a rule of consent: actions in a virtual world give rise to legal liability if they exceed the scope of consent given by other players within the game. The Article concludes that although real-world law cannot reasonably be excluded from virtual worlds, game gods and players can control the interface between law and virtual …

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Procedural And Judicial Limitations On Voir Dire - Constitutional Implications And Preservation Of Error In Civil Cases., R. Brent Cooper, Diana L. Faust Jan 2009

Procedural And Judicial Limitations On Voir Dire - Constitutional Implications And Preservation Of Error In Civil Cases., R. Brent Cooper, Diana L. Faust

St. Mary's Law Journal

The right to a trial by jury is meaningless without an effective voir dire. Recurring tort reform, rapid technological advancements, immediate access to media coverage of incidents that give rise to litigation have greatly expanded. Consequentially, courts are faced with the prospect that potential jurors’ opinions and attitudes have been tainted. In addition to these issues, trial courts display significant interest in promptly expediting the advancement of their dockets. Voir dire is an essential element of trial strategy. Voir dire allows counsel to establish rapport with potential jurors, introduce them to the issues and facts of the case, and identify …

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Ten Years After Burrow V. Arce: The Current State Of Attorney Fee Forfeiture., Jeffrey A. Webb, Blake W. Stribling Jan 2009

Ten Years After Burrow V. Arce: The Current State Of Attorney Fee Forfeiture., Jeffrey A. Webb, Blake W. Stribling

St. Mary's Law Journal

“Extreme [attorney] misconduct may warrant an extreme remedy.” Fee forfeiture certainly constitutes an extreme remedy, at least compared to the ordinary remedy for violation of a legal duty. But neither the degree to which the remedy is extreme nor how extreme the misconduct must first be before the forfeiture becomes appropriate is apparent in light of the Texas Supreme Court’s decision in Burrow v. Arce. Understanding the confusion which has arisen with regard to Burrow’s impact depends in large measure on a thorough evaluation of (1) the basis for the court’s determinations relating to forfeiture, (2) the sources from which …

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Should Texas's Former Ban On Obscene-Device Promotion Pass Constitutional Muster Under A Murky Lawrence Comment., Laura M. Clark Jan 2009

Should Texas's Former Ban On Obscene-Device Promotion Pass Constitutional Muster Under A Murky Lawrence Comment., Laura M. Clark

St. Mary's Law Journal

When the Fifth Circuit freed Texans to promote and distribute sexual devices without criminal penalties, it created a split with the Eleventh Circuit’s decision to uphold Alabama’s ban. Both courts based their rulings on the U.S. Supreme Court’s decision in Lawrence v. Texas, which invalidated Texas’s statute banning homosexual sodomy. In upholding Alabama’s sex-toy statute in 2007, the Eleventh Circuit found no fundamental right to sexual privacy under Lawrence and held public morality was a sufficiently rational basis for the statute. The court distinguished Lawrence, which dealt with prohibition of private conduct, rather than public commercial activity. The Fifth Circuit …

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Judge William Wayne Justice: A Life Of Human Dignity And Refractory Mules Tribute., Albert H. Kauffman Jan 2009

Judge William Wayne Justice: A Life Of Human Dignity And Refractory Mules Tribute., Albert H. Kauffman

St. Mary's Law Journal

Judge Wayne Justice had a deep impact on the lives of many people and was an unyielding advocate who protected the rights of all U.S. citizens. Many of the Judge’s orders and consent decrees forced Texas to comply with more stringent federal requirements in education and health care and had a far reaching effect across the nation. Judge Justice presided over Doe v. Plyler that ensured the benefit of public education for the children of undocumented immigrants. In United States v. Texas, Judge Justice required that the Texas Education Agency monitor school district actions and policies to assure that they …

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"Whistle . . . And You've Got An Audience", Amanda C. Leiter Jan 2009

"Whistle . . . And You've Got An Audience", Amanda C. Leiter

Fordham Urban Law Journal

One of the questions for discussion today is whether public rights litigation is an effective means of social change. This Article does not attempt an answer but begins to explore a set of issues central to any answer: the extent, types, uses, and potential shortcomings of government whistleblowing. There is considerable sociological and legal literature on government whistleblowing, but little of it addresses the issue from the angle relevant to maximizing the efficacy of public rights litigation. This Article begins to fill that gap. Part I discusses the importance of whistleblowers in the vindication and enforcement of public rights. Part …

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Loyalty In Limbo: The Peculiar Case Of Attorneys' Loyalty To Clients., Eli Wald Jan 2009

Loyalty In Limbo: The Peculiar Case Of Attorneys' Loyalty To Clients., Eli Wald

St. Mary's Law Journal

Attorney loyalty to clients is considered a cornerstone of the attorney-client relationship. Yet, loyalty is underexplored, misunderstood, and the subject of heated discord. Advocates of client-centered loyalty and their opponents both fail to provide a compelling accounting of loyalty to clients and its consequences. Leaving loyalty in limbo is an unacceptable state of affairs. The legal profession bears the continuous burden of accounting for its own practices. Because the Bar cannot assert broad client-centered loyalty as self-explanatory, the burden of disproving loyalty shifts to the critics. Critics of broad loyalty to clients are not helping advance the discourse by advocating …

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Of Lies And Disclaimers - Contracting Around Fraud Under Texas Law., Robert K. Wise, Andrew J. Szygenda, Thomas F. Lillard Jan 2009

Of Lies And Disclaimers - Contracting Around Fraud Under Texas Law., Robert K. Wise, Andrew J. Szygenda, Thomas F. Lillard

St. Mary's Law Journal

The Texas Supreme Court has failed to provide a bright-line test in determining whether reliance disclaimers are enforceable. A reliance disclaimer is a provision in a contract that disclaims all extra-contractual representations and provides that the contracting parties are not relying on any such representations. By including a reliance disclaimer, a contracting party may be attempting to immunize itself from liability for false statements made during negotiations. Even if a contracting party’s misrepresentations or non-disclosures were made with fraudulent intent, Texas law gives contracting parties broad freedom to contract around misrepresentation claims. In Forest Oil Corp. v. McAllen, the Texas …

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