Legal Ethics and Professional Responsibility Commons^™

Review Of "Constitutional Torts" By Sheldon H. Nahmod, Michael L. Wells, Thomas A. Eaton, Jack M. Beermann

Faculty Scholarship

The most interesting issues in the field of constitutional torts, involving the legal and moral bases for the government's responsibility for injuries it causes, are the most difficult ones for lawyers to explore. The question whether, as a moral or social policy matter, governments and government officials should enjoy immunities or other defenses not available to private individuals is rarely confronted directly in judicial opinions or in scholarship on constitutional torts, yet it lurks behind many of the doctrinal issues that come up in constitutional tort litigation.¹ A slight scratch on the surface of doctrines as disparate as official …

Race, Family, And Obligation, Rodney C. Roberts

Center for the Study of Ethics in Society Papers

The Martin Luther King Jr. Day Lecture Presented to the WMU Center for the Study of Ethics in Society, January 16, 1995.

Professional Preparedness: A Comparative Study Of Law Graduates' Perceived Readiness For Professional Ethics Issues, James E. Moliterno

Faculty Publications

No abstract provided.

Paying Attention To The Signs, Susan P. Koniak, Geoffrey C. Hazard

Faculty Scholarship

After all our efforts and all Keck's money, where are we? Some good has been accomplished. By committing its resources to the study of legal ethics, the W.M. Keck Foundation has encouraged law schools to pay attention to a subject all too often ignored. That itself is good. The money has made things happen. Schools have held conferences devoted to legal ethics that otherwise would not have been held;¹ schools have experimented with teaching programs in legal ethics that otherwise might have been left untried;' members of the practicing bar have had conversations and debates with academics about the …

Mass Torts -- Messy Ethics, Charles W. Wolfram

Cornell Law Review

No abstract provided.

Teaching Ethics In Schools Of Business In Oklahoma Colleges And Universities, Shelsea Ellis

McCabe Thesis Collection

The research in this study seeks to establish the degree to which ethics is included in the business curriculum of four-year colleges and universities in Oklahoma. If ethics is taught as a separate course, the study inquires about the methodology used in that course. If there is not a separate ethics course, the study determines if ethics is included in several courses of the business curriculum. Clarification is also determined as to the percentage of time dedicated to the teaching of ethics and whether or not the dean of the School of Business believes this percentage to be appropriate.

Reconciling Professionalism And Client Interests, Fred C. Zacharias

William & Mary Law Review

No abstract provided.

"Show And Tell": An Analysis Of The Scope Of The Attorney-Client Waiver Standards, Roberta M. Harding

Law Faculty Scholarly Articles

As today's society becomes increasingly litigious, document productions, a major discovery tool, are growing larger. One inevitable consequence of this phenomenon is the increased risk that communications protected by the attorney-client privilege may be inadvertently disclosed. Privileged communications may also be disclosed to an adversary under more questionable circumstances: specifically, the intentional, strategic disclosure of privileged information favorable to the disclosing party's position.

In any case involving the disclosure of privileged information, the court must initially decide whether the privilege is waived. To resolve this threshold issue courts apply one of the three waiver tests. If a court decides that …

Two Papers On Environmentalism Ii: Resources And Environmental Policy, Jan Narveson

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethlcs in Society - November 21, 1994.

Two Papers On Environmentalism - I: Environmental Ethics And Value In The World, John Post

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society - November 14, 1994.

A Teacher's Trouble: Risk, Responsibility And Rebellion, Margaret Martin Barry, Lisa Lerman, Homer La Rue, Odeana R. Neal

All Faculty Scholarship

What follows is an edited transcript of a session at the 1995 Annual Meeting of the Association of American Law Schools, held in New Orleans, Louisiana, January 7, 1995. The meeting was a joint plenary session of the AALS Section on Professional Responsibility and the Section on Clinical Legal Education. The meeting was planned and the role plays were written by Professors Margaret Martin Barry and Lisa Lerman of The Catholic University of America and Professor Homer La Rue of Howard University.

The purpose of the program was to foster interaction among teachers of professional responsibility and clinical teachers about …

Instilling An Appreciation Of Legal Ethics And Professional Responsibility In First-Year Legal Research And Writing Courses, Beth Cohen

Faculty Scholarship

The Author suggests that the First-year legal research and writing classes provide the logical forum to remind students of the importance of honesty and integrity both to their work and to the profession and to society as a whole. The Author believes that teachers would do well to take advantage of this unique opportunity to provide such lessons early and often and more importantly, as part of the regular legal research and writing curriculum.

Professional Responsibility And Choice Of Law: A Client-Based Alternative To The Model Rules Of Professional Conduct, Colin Owyang

University of Michigan Journal of Law Reform

Because of the increasingly interstate nature of legal practice during the past few decades, practitioners licensed in multiple jurisdictions have been forced more frequently to confront choice-of-law dilemmas in the area of professional responsibility. Although most states have adopted fairly uniform regulations on professional ethics, only the recently amended American Bar Association's Model Rules of Professional Conduct contain a specific provision that addresses the choice-of-law problem in the professional responsibility context. This Note outlines certain ethical considerations facing the multistate practitioner and argues that the choice-of-law provision in the Model Rules of Professional Conduct provides insufficient clarity and predictability where …

Progressive Lawyering And Lost Traditions, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Cross-Examining Legal Ethics: The Roles Of Intentions, Outcomes, And Character, R. George Wright

Kentucky Law Journal

No abstract provided.

Prosecutorial Misconduct In Presenting Evidence: "Backdooring" Hearsay, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Rules of evidence are designed to bring about just and informed decisions. One of these rules, the hearsay rule, is designed to ensure that juries receive reliable evidence, and that out-of-court statements ordinarily are inadmissible. Prosecutors are well aware of these evidentiary restrictions, but occasionally seek to circumvent them. The author describes methods used by some prosecutors to manipulate the hearsay rule and thereby distort the truth-finding process of the trial.

Ideologies Of Professionalism And The Politics Of Self-Regulation In The California State Bar, William T. Gallagher

Publications

This Article is a case study of the California State Bar lawyer discipline system in crisis. The Bar's lawyer discipline system is the official state mechanism for regulating the professional conduct of California's more than 100,000 lawyers. The State Bar in California self-regulates as an adjunct of the judicial branch of government. The State Bar operates in this capacity as a quasi-governmental body while at the same time functioning as a professional organization, of which one role is to represent the collective interests of California lawyers. This is truly an extraordinary status. Unlike most other occupational groups, the legal profession …

The Reports Of The Supreme Court Of Pennsylvania, Joel Fishman

Joel Fishman

This article reviews the history of the court reports of the Pennsylvania Supreme Court from mid-eighteenth century to present along with a bibliography of the reports.

Gladiators Be Gone: The New Disclosure Rules Compel A Reexamination Of The Adversary Process, 36 B.C. L. Rev. 479 (1995), Rogelio A. Lasso

UIC Law Open Access Faculty Scholarship

No abstract provided.

Michigan's Deadlocked Commission On Death And Dying: A Lesson In Politics And Legalism, Joseph Ellin

Center for the Study of Ethics in Society Papers

Based on a presentation made to the WMU Center for the Study of Ethics in Society - September 21, 1994.

Ethics And The Federal Prosecutor: The Continuing Conflict Over The Application Of Model Rule 4.2 To Federal Attorneys, Neals-Erik William Delker

American University Law Review

No abstract provided.

Notre Dame Lawyer - Academic Year 1995-96, Notre Dame Law School

Notre Dame Lawyer

Doctors, Aids, And Confidentiality In The 1990s, 27 J. Marshall L. Rev. 331 (1994), Sheila Taub

UIC Law Review

No abstract provided.

If I Tell You, Will You Treat Me, 27 J. Marshall L. Rev. 363 (1994), Mauro A. Montoya Jr.

UIC Law Review

No abstract provided.

A Teacher’S Trouble: Risk, Responsibility And Rebellion, Lisa G. Lerman

Scholarly Articles

What follows is an edited transcript of a session at the 1995 Annual Meeting of the Association of American Law Schools, held in New Orleans, Louisiana, January 7, 1995. The meeting was a joint plenary session of the AALS Section on Professional Responsibility and the Section on Clinical Legal Education. The meeting was planned and the role plays were written by Professors Margaret Martin Barry and Lisa Lerman of The Catholic University of America and Professor Homer La Rue of Howard University.

The purpose of the program was to foster interaction among teachers of professional responsibility and clinical teachers about …

New York Attorney Malpractice Liability To Non-Clients: Toward A Rule Of Reason And Predictability, Lucia A. Silecchia

Scholarly Articles

This 1995 Article addresses the question of attorney liability in New York. It begins with a brief introduction to the history of the privity requirement nationally to place the New York question in context. It then traces the scope of attorney liability in New York and examines the state of that law - with its contradictions and inconsistences. This Article proposes a rule for New York courts to consider that centers on the “adversariness” of the client and the third party as the touchstone for determining if expanded liability is appropriate.

This differs from the traditional analysis which bases the …

Fee-For-Service Clinical Teaching: Slipping Toward Commercialism, Lisa G. Lerman

Scholarly Articles

No abstract provided.

The Fault Is In Ourselves, Roger J. Miner '56

Bar Associations

No abstract provided.

The Reception Of Foreign Law In The U.S. Federal Courts, Roger J. Miner '56

Bar Associations

No abstract provided.

Lawyer Distress: Alcohol-Related Problems And Other Psychological Concerns Among A Sample Of Practicing Lawyers, Connie J.A. Beck, Bruce D. Sales, G. Andrew H. Benjamin

Journal of Law and Health

The findings of the research reported in this study, in conjunction with earlier studies, suggest that the professional and the personal well-being of lawyers is in serious jeopardy. Lawyers are working more, reducing vacation time, spending less time with family members, are prone to alcohol abuse, and face high levels of psychological distress. The combination of elements suggests an impending crisis for lawyers' family lives. Although the data are not sufficient to suggest that psychological distress has detrimentally affected the lawyers' ability to practice competently, the warning signs are present. Further empirical study may well reveal that lawyer distress is …