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Legal Ethics and Professional Responsibility Commons

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Full-Text Articles in Legal Ethics and Professional Responsibility

Respondeat Superior: Never Send To Know For Whom The Bell Tolls: It Tolls For Thee, Paul R. Tremblay, J. Charles Mokriski Oct 2005

Respondeat Superior: Never Send To Know For Whom The Bell Tolls: It Tolls For Thee, Paul R. Tremblay, J. Charles Mokriski

Paul R. Tremblay

No abstract provided.


Legal-Writing Ethics—Part I, Gerald Lebovits Sep 2005

Legal-Writing Ethics—Part I, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.


Legal-Writing Ethics—Part Ii, Gerald Lebovits Aug 2005

Legal-Writing Ethics—Part Ii, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.


The Continuing Moral Fashioning Of A Law Professor, Randy Lee May 2005

The Continuing Moral Fashioning Of A Law Professor, Randy Lee

Randy Lee

No abstract provided.


El Recurso Extraordinario Por Arbitrariedad De Sentencia En La Corte Suprema, Horacio M. Lynch, Laura Bierzychudek, María Clara Pujol, Sofía Plazibat, Martín Bruzzi May 2005

El Recurso Extraordinario Por Arbitrariedad De Sentencia En La Corte Suprema, Horacio M. Lynch, Laura Bierzychudek, María Clara Pujol, Sofía Plazibat, Martín Bruzzi

Horacio M. LYNCH

Este trabajo comprende un estudio realizada entre el 21 de febrero y el 21 de mayo de 2005 sobre la labor de la Corte Suprema de Justicia de la Nación Argentina con relación al Recurso Extraordinario Arbitrariedad de Sentencia. Presenta la situación objetiva y actual generada por este peculiar recurso extraordinario y su incidencia en el trabajo de la Corte a través del análisis estadístico de sus fallos y de su estudio comparativo. Asimismo, se integra y completa con otros documentos – un folleto con las conclusiones más importantes, presentadas en forma gráfica y una presentación en Power Point – …


The Library Of Levi Lincoln, Jefferson’S Attorney General, And Other Recent Acquisitions, Daniel Coquillette Apr 2005

The Library Of Levi Lincoln, Jefferson’S Attorney General, And Other Recent Acquisitions, Daniel Coquillette

Daniel R. Coquillette

No abstract provided.


Co-Chair Of The Law Day Reception In Honor Of Former Dean Richard G. Huber, Daniel Coquillette Mar 2005

Co-Chair Of The Law Day Reception In Honor Of Former Dean Richard G. Huber, Daniel Coquillette

Daniel R. Coquillette

No abstract provided.


Bankruptcy Law And Jesuit-Catholic Legal Heritage, Daniel Coquillette Mar 2005

Bankruptcy Law And Jesuit-Catholic Legal Heritage, Daniel Coquillette

Daniel R. Coquillette

No abstract provided.


Reflections On "Public Service In A Time Of Crisis", Judith Maute Mar 2005

Reflections On "Public Service In A Time Of Crisis", Judith Maute

Judith L. Maute

No abstract provided.


Lawyers In Cyberspace: The Impact Of Legal Listservs On The Professioal Development And Ethical Decisionmaking Of Lawyers, Leslie Levin Jan 2005

Lawyers In Cyberspace: The Impact Of Legal Listservs On The Professioal Development And Ethical Decisionmaking Of Lawyers, Leslie Levin

Leslie C. Levin

This article explores the impact of trial lawyers' associations on the professional identities of its members, their professional development, their understanding of practice norms, and their ethical decision making. It does so by looking at the New York State Trial Lawyers Association (NYSTLA), and more specifically, the conversations that occur on its listserv. When these conversations are viewed in the context of the history and current operations of NYSTLA, it is possible to see how such listservs powerfully promote shared professional values and views within NYSTLA=s membership. The listserv extends the advice networks of trial lawyers far beyond the small …


Revisiting A Classic: Duncan Kennedy's Legal Education And The Reproduction Of Hierarchy The Ghost In The Law School: How Duncan Kennedy Caught The Hierarchy Zeitgeist But Missed The Point, Steve Sheppard Jan 2005

Revisiting A Classic: Duncan Kennedy's Legal Education And The Reproduction Of Hierarchy The Ghost In The Law School: How Duncan Kennedy Caught The Hierarchy Zeitgeist But Missed The Point, Steve Sheppard

Steve Sheppard

In his manifesto, Duncan Kennedy aptly identified hierarchies within legal scholarship and the legal profession, but his conclusion--hierarchies in law are wrong and must be resisted--is misplaced. Kennedy’s Legal Education and the Reproduction of Hierarchy: A Polemic Against the System, claims law schools breed a hierarchical system, where rank plays an important part in how law schools relate to each other; how faculty members relate to each other and to students; and how students relate to other students. This system trains students to accept and prepare for their place within the hierarchy of the legal profession. According to Kennedy, such …


Officials' Obligations To Children: The Perfectionist Response To Liberals And Libertarians, Or Why Adult Rights Are Not Trumps Over The State Duty To Ensure Each Child's Education, Steve Sheppard Jan 2005

Officials' Obligations To Children: The Perfectionist Response To Liberals And Libertarians, Or Why Adult Rights Are Not Trumps Over The State Duty To Ensure Each Child's Education, Steve Sheppard

Steve Sheppard

Lawmakers must care more to educate children than to cater to their parents. While parents and the state both have roles in childhood development, the difficulty is finding the proper balance. Lawmakers must decide who should determine exposure of children to new and different ideas. Arguments that limit exposure to ideas should be pursued with the good of a child as the desired end, and not the means to some other end. These arguments fall into two categories: negative arguments and affirmative arguments. Affirmative arguments are less likely to be made with ulterior motives in mind. In the spirit of …


Reappointed Lester Kissel Visiting Professor Of Law At Harvard Law School, Daniel Coquillette Dec 2004

Reappointed Lester Kissel Visiting Professor Of Law At Harvard Law School, Daniel Coquillette

Daniel R. Coquillette

No abstract provided.


Portrait Of A Patriot: The Major Political And Legal Papers Of Josiah Quincy Junior. Volume One, The Political Commonplace Book And The London Journal, Daniel Coquillette, Neil Longley York Dec 2004

Portrait Of A Patriot: The Major Political And Legal Papers Of Josiah Quincy Junior. Volume One, The Political Commonplace Book And The London Journal, Daniel Coquillette, Neil Longley York

Daniel R. Coquillette

No abstract provided.


Reporter For The Standing Committee On Rules Of Practice And Procedure Of The Us Judicial Conference, Daniel Coquillette Dec 2004

Reporter For The Standing Committee On Rules Of Practice And Procedure Of The Us Judicial Conference, Daniel Coquillette

Daniel R. Coquillette

No abstract provided.


'Mourning Venice And Genoa': Joseph Story, Legal Education, And The Lex Mercatoria, Daniel Coquillette Dec 2004

'Mourning Venice And Genoa': Joseph Story, Legal Education, And The Lex Mercatoria, Daniel Coquillette

Daniel R. Coquillette

No abstract provided.


Convener Of The Harvard Law School History Project, Daniel Coquillette Dec 2004

Convener Of The Harvard Law School History Project, Daniel Coquillette

Daniel R. Coquillette

No abstract provided.


Real Ethics For Real Lawyers, Daniel Coquillette Dec 2004

Real Ethics For Real Lawyers, Daniel Coquillette

Daniel R. Coquillette

Real Ethics for Real Lawyers uses a lively, problem-centered approach to teach professional responsibility courses. The author, Daniel Coquillette, the former Dean of Boston College School of Law, is now the J. Donald Monan S.J. University Professor at Boston College School of Law and the Lester Kissel Visiting Professor at Harvard Law School. He has served as Chairman of the Massachusetts Bar Association Committee on Professional Ethics, as a member of the ABA Standing Committee on Ethics and Professional Responsibility, and as an Advisor to the ALI Restatement of the Law Governing Lawyers. For eight years he was also an …


Prosecutorial Ethics, R. Michael Cassidy Dec 2004

Prosecutorial Ethics, R. Michael Cassidy

R. Michael Cassidy

This casebook explores the ethical responsibilities of a prosecutor at each stage of the criminal justice process. Focusing on ethical and constitutional constraints on prosecutorial discretion, the texts covers both Supreme Court decisions interpreting Fifth and Sixth Amendment guarantees and state rules of attorney conduct. Topics discussed include a prosecutor’s conduct during criminal investigations, charging decisions, grand jury practice, interviewing and contacting witnesses, plea bargaining, jury selection, trial conduct, and publicity. Each chapter is followed by real-world hypotheticals designed to introduce students to the ethical dilemmas typically encountered by government lawyers in criminal practice. This book is suitable for use …


Winners And Losers In The Globalization Of Legal Services: Situating The Market For Foreign Lawyers, Carole Silver Dec 2004

Winners And Losers In The Globalization Of Legal Services: Situating The Market For Foreign Lawyers, Carole Silver

Carole Silver

No abstract provided.


Realism, Freedom, And The Integral Development Of The Human Person: A Catholic View Of Education, Michael Scaperlanda Dec 2004

Realism, Freedom, And The Integral Development Of The Human Person: A Catholic View Of Education, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.


The (F)Utility Of Rules: Regulating Attorney Conduct In Federal Court Practice, Judith A. Mcmorrow Dec 2004

The (F)Utility Of Rules: Regulating Attorney Conduct In Federal Court Practice, Judith A. Mcmorrow

Judith A. McMorrow

The problem is often decried: out-of-control attorneys, opportunists, cowboys, self-dealers, and overzealous prosecutors abusing the litigation process either for self-serving ends or from ideological zeal. But one person’s opportunist, cowboy, or self-dealer is another person’s zealous advocate. Lawyers want and need guidance on how to resolve issues that have competing claims to right behavior. The first place many lawyers look to find appropriate guidance are rules of ethics. Lawyers practicing in federal courts will find the search for rules particularly confusing. Unlike the Federal Rules of Civil and Criminal Procedure, federal courts do not operate with uniform ethics rules. District …


Dorothy Day And Innovative Social Justice: A View From Inside The Box, Randy Lee Dec 2004

Dorothy Day And Innovative Social Justice: A View From Inside The Box, Randy Lee

Randy Lee

No abstract provided.


A Law Professor On Being Fashioned, Randy Lee Dec 2004

A Law Professor On Being Fashioned, Randy Lee

Randy Lee

No abstract provided.


The Lawyer As Poet Advocate: Bruce Springsteen And The American Lawyer, An Introduction, Randy Lee Dec 2004

The Lawyer As Poet Advocate: Bruce Springsteen And The American Lawyer, An Introduction, Randy Lee

Randy Lee

No abstract provided.


Bruce Springsteen’S Hope And The Lawyer As Poet Advocate, Randy Lee Dec 2004

Bruce Springsteen’S Hope And The Lawyer As Poet Advocate, Randy Lee

Randy Lee

No abstract provided.


U.S. Legal Ethics: The Coming Of Age Of Global And Comparative Perspectives, Laurel S. Terry Dec 2004

U.S. Legal Ethics: The Coming Of Age Of Global And Comparative Perspectives, Laurel S. Terry

Laurel S. Terry

This Article reviews the influence of comparative law during the past 100 years on the field of U.S. legal ethics. It begins by defining the field of legal ethics and then divides the last 100 years into three distinct comparative legal ethics eras. The first era consists of the time period between 1904 and 1973, during which there was both domestic and comparative legal ethics scholarship, although a relatively small amount compared to later years. The second time period, which dates from 1974, when legal ethics became a required course, to 1997, represents the coming of age of domestic legal …