Legal Ethics and Professional Responsibility Commons^™

Self-Regulation Of Judicial Misconduct Could Be Mis-Regulation, Anthony D'Amato

Michigan Law Review

Judge Harry T. Edwards has written a lucid and seemingly logical plea for the judiciary to be granted exclusive self-regulation over all matters of judicial misconduct that fall short of crimes or impeachable offenses. His essay demonstrates the seriousness with which he regards misconduct that would bring shame to the federal judiciary. He believes that the judiciary as a whole is the best institution to ascertain and take measures against individual aberrant judges who are guilty of various forms of misconduct, and I have no doubt of the sincerity of his belief. Yet when we look at claims for self-regulation …

Legal Ethics, L. Ray Patterson

Mercer Law Review

With one exception, the legal ethics cases this year involved well established rules of law. The case constituting the exception dealt with the breach of a rule of ethics as the basis for a malpractice claim. This Article will discuss that issue first and then will proceed to discuss other relevant cases.

Case & Statute Comments, The New Massachusetts Drug Asset Forfeiture Law: A Dialogue, R. Michael Cassidy

R. Michael Cassidy

No abstract provided.

Ethics In Tax Practice: Emerging Standards For Reporting Tax Return Postings, Kenneth L. Harris

William & Mary Annual Tax Conference

No abstract provided.

Television Technology And Moral Literacy, Clifford G. Christians

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society March 22, 1990.

Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann

Faculty Scholarship

This Essay is an effort to construct a normative basis for a constitutional theory to resist the Supreme Court's recent decision in DeShaney v. Winnebago County Department of Social Services.¹ In DeShaney, the Court decided that a local social service worker's failure to prevent child abuse did not violate the due process clause of the fourteenth amendment even though the social worker "had reason to believe" the abuse was occurring. ² Chief Justice Rehnquist's opinion for the Court held that government inaction cannot violate due process unless the state has custody of the victim, ³ thus settling a controversial …

The Most Fundamental Change In The Criminal Justice System: The Role Of The Prosecutor In Sentence Reduction, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

As every lawyer knows, the prosecutor is the most powerful figure in the American criminal justice system. The prosecutor decides whom to charge, what charges to bring, whether to permit a defendant to plead guilty, and whether to confer immunity. In carrying out this broad decision-making power, the prosecutor enjoys considerable independence. Indeed, one of the most elusive and vexing subjects in criminal justice has been to define the limits of the prosecutor’s discretion.

Book Review, Mitchell M. Simon

RISK: Health, Safety & Environment (1990-2002)

Review of the book Codes of Professional Responsibility (Rena A. Gorlin, ed., BNA Books, 1990). This 555 page book includes 43 codes of conduct promulgated by the major professional associations in business, health, and law. Each code is preceded by a brief description of the relevant association, including its address and phone number, and information relating to implementation and enforcement. The book concludes with three helpful resource lists including: first, research centers, educational programs and governmental bodies dealing with ethical issues; second, journals and periodical services; and, third, bibliographies, databases and libraries with special ethics collections. The resource sections and …

Legal Representation And The Next Steps Toward Client Control: Attorney Malpractice For The Failure To Allow The Client To Control Negotiation And Pursue Alternatives To Litigation, Robert F. Cochran, Jr.

Washington and Lee Law Review

No abstract provided.

Ethics In Government, Joint Legislative Committee

California Joint Committees

With the passage of Proposition 112 (SCA 32) on June 5, 1990, the voters have acknowledged their support for an ethics reform package that is tied to the creation of a Citizens Compensation Commission, which shall have the exclusive power to set the salaries and all fringe benefits, except retirement, for Members of the Legislature and other related state officers. It also prohibits Members and other elected state officers from receiving any honoraria and imposes restrictions on gifts, lobbying activity, and the sources of income of these officers.

Higher-Order Discrimination, Adrian M. S. Piper

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society January 22, 1990.

Ringing The Bell, Roger J. Miner '56

Legal Education

No abstract provided.

Lawyer's Justice, William A. Edmundson

Michigan Law Review

A Review of Lawyers and Justice: An Ethical Study by David Luban, and The Social Responsibilities of Lawyers: Case Studies by Philip B. Heymann and Lance Liebman

Women's Dilemma: Is It Reasonable To Be Rational?, Harriet Baber

Center for the Study of Ethics in Society Papers

Based on a presentation to the WMU Center for the Study of Ethics in Society February 17, 1990.

Clearly Erroneous: The Fourth Circuit's Decision To Uphold Removal Of A State-Bar Disciplinary Proceeding Under The Federal-Officer Removal Statute, Franklin D. Cleckley

West Virginia Law Review

No abstract provided.

Restraining The Overly Zealous Advocate: Time For Judicial Intervention, Paul Lowell Haines

Indiana Law Journal

No abstract provided.

The Adversarial System At Risk, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The most ominous recent development affecting the balance of forces in the adversary system is the unprecedented attack by prosecutors on criminal defense lawyers themselves. Grand jury subpoenas to attorneys, law office searches, disqualification motions, fee forfeiture proceedings, and, most recently, IRS attempts to enforce currency-reporting regulations do not seem to be isolated occurrences or mere happenstance. Rather, perhaps inspired by Shakespeare's injunction in Henry VI to "kill all the lawyers," some prosecutors appear to have concluded that the most effective way to prevail in the battle against crime is to cripple the defense lawyers, particularly those who represent defendants …

Attorney And Client—Conflict Of Interest—Prohibition Against Appearance Of Impropriety Retained Under Model Rules Of Professional Conduct. First American Carriers, Inc. V. Kroger Co., 302 Ark. 86, 787 S.W.2d 669 (1990)., David Ivers

University of Arkansas at Little Rock Law Review

No abstract provided.

Are Law And Morality Distinct?, William A. Edmundson

Brigham Young University Journal of Public Law

No abstract provided.

Ethical Reasoning And Analysis: The Elements, Martin Benjamin

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society February 10, 1989.

Impacts Of Land Use Laws And Policies Massachusetts State Superfund Program, Umass Amherst Center Economic Development

Center for Economic Development Technical Reports

The reason for this report was to examine the Massachusetts state Superfund law, and the statutory remedies that Massachusetts relies on to recover the cost associated with the cleanup of oil and hazardous materials released into the environment.

Kentucky's New Rules Of Professional Conduct For Lawyers, Eugene R. Gaetke

Law Faculty Scholarly Articles

On July 12, 1989, the Kentucky Supreme Court adopted its own version of the American Bar Association's 1983 Model Rules of Professional Conduct as the body of disciplinary law applicable to lawyers practicing in the state. These new rules constitute a major improvement in the state's law of legal ethics. Their adoption should be considered a victory for Kentucky lawyers and, more importantly, a victory for the people of the state, the ultimate beneficiaries of the regulation of the legal profession.

As with most victories, the adoption of the new rules was not unequivocally positive. Kentucky's version of the Model …

Teaching Legal Ethics In A Program Of Comprehensive Skills Development, James E. Moliterno

Faculty Publications

No abstract provided.

1990 Touro College School Of Law Yearbook, Touro College Jacob D. Fuchsberg Law Center

Yearbooks and Newsletters

1990 Touro College School of Law Yearbook

Kentucky's New Rules Of Professional Conduct For Lawyers, Eugene R. Gaetke

Kentucky Law Journal

No abstract provided.

On The Steadfastness And Courage Of Government Lawyers, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Retrospective Justification, Jeffrey Malkan

Touro Law Review

No abstract provided.

Lawyer Turf And Lawyer Regulation -- The Role Of The Inherent-Powers Doctrine, Charles W. Wolfram

Cornell Law Faculty Publications

No abstract provided.

Professional Responsibility, Michael J. Howlett, Patricia S. Spratt

Loyola University Chicago Law Journal

No abstract provided.

A Moral Dilemma: The Role Of Judicial Intervention In Withholding Or Withdrawing Nutrition And Hydration, 23 J. Marshall L. Rev. 537 (1990), Anthony M. Peccarelli

UIC Law Review

No abstract provided.