Open Access. Powered by Scholars. Published by Universities.®
Legal Ethics and Professional Responsibility Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Legal Profession (80)
- Law and Society (54)
- Criminal Law (41)
- Legal Education (33)
- Law and Politics (31)
-
- Courts (30)
- Criminal Procedure (25)
- Legal Writing and Research (25)
- Legal Remedies (23)
- Judges (21)
- State and Local Government Law (21)
- Social and Behavioral Sciences (19)
- Constitutional Law (18)
- Legal History (17)
- Evidence (16)
- International Law (16)
- Civil Rights and Discrimination (15)
- Business Organizations Law (13)
- Civil Law (12)
- Legislation (12)
- Civil Procedure (11)
- Human Rights Law (11)
- Jurisprudence (11)
- Litigation (11)
- Criminology and Criminal Justice (10)
- Law Enforcement and Corrections (10)
- Legal Studies (10)
- Political Science (10)
- Institution
-
- St. Mary's University (20)
- Selected Works (14)
- Maurice A. Deane School of Law at Hofstra University (12)
- Penn State Dickinson Law (12)
- Marquette University Law School (11)
-
- University of Maine School of Law (11)
- Pace University (8)
- American University Washington College of Law (7)
- James Madison University (7)
- Georgia State University College of Law (6)
- Texas A&M University School of Law (6)
- Cornell University Law School (5)
- Mercer University School of Law (4)
- New York Law School (4)
- Schulich School of Law, Dalhousie University (4)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (4)
- Fordham Law School (3)
- Maurer School of Law: Indiana University (3)
- Southern Methodist University (3)
- St. John's University School of Law (3)
- UIC School of Law (3)
- Boston University School of Law (2)
- City University of New York (CUNY) (2)
- Georgetown University Law Center (2)
- La Salle University (2)
- Northwestern Pritzker School of Law (2)
- Roger Williams University (2)
- Singapore Management University (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
- University of Arkansas at Little Rock William H. Bowen School of Law (2)
- Keyword
-
- Ethics (29)
- Legal ethics (21)
- Legal scholarship (11)
- Legal Profession (10)
- Evidence (7)
-
- Legal academics (7)
- Legal profession (7)
- Responsibility (7)
- Social Sciences - Periodicals (7)
- Criminal liability (6)
- Education - Kosovo (Republic) (6)
- Government accountability (6)
- Judges (6)
- Law - study and teaching (6)
- Lawyers (6)
- Mahatma Gandhi (6)
- Political rights (6)
- Restorative justice - Cross-cultural studies (6)
- Corruption (5)
- McDonnell v. United States (5)
- Official misconduct (5)
- Professional responsibility (5)
- Public Corruption Prosecution After McDonnell (5)
- Public officials (5)
- Access to justice (4)
- American Bar Association (4)
- Dispute resolution (4)
- Forensic Evidence (4)
- Law Review (4)
- Legal Education (4)
- Publication
-
- St. Mary's Journal on Legal Malpractice & Ethics (15)
- Hofstra Law Review (12)
- Maine Law Review (11)
- Marquette Law Review (11)
- Dickinson Law Review (2017-Present) (10)
-
- Faculty Scholarship (9)
- International Journal on Responsibility (7)
- Pace Law Review (7)
- Georgia State University Law Review (6)
- Articles in Law Reviews & Other Academic Journals (5)
- Articles (4)
- Articles, Book Chapters, & Popular Press (4)
- Scholarly Works (4)
- St. Mary's Law Journal (4)
- Texas A&M Law Review (4)
- Articles & Chapters (3)
- Cornell Law Review (3)
- Mercer Law Review (3)
- St. John's Law Review (3)
- Susan S. Fortney (3)
- Cornell Law Faculty Publications (2)
- Economic Crime Forensics Capstones (2)
- Faculty Scholarly Works (2)
- Fordham Law Review (2)
- Georgetown Law Faculty Publications and Other Works (2)
- Journal Articles (2)
- Laurel S. Terry (2)
- Lynne H. Rambo (2)
- Nancy Welsh (2)
- Northwestern Journal of Law & Social Policy (2)
Articles 31 - 60 of 209
Full-Text Articles in Legal Ethics and Professional Responsibility
Milking The Estate, David R. Hague
To All Government Lawyers, Roger Left You A Note: Tribute To Roger C. Cramton, Susan P. Koniak
To All Government Lawyers, Roger Left You A Note: Tribute To Roger C. Cramton, Susan P. Koniak
Cornell Law Review
No abstract provided.
Digging Them Out Alive, Michael Millemann, Rebecca Bowman Rivas, Elizabeth Smith
Digging Them Out Alive, Michael Millemann, Rebecca Bowman Rivas, Elizabeth Smith
Faculty Scholarship
From 2013-2018, we taught a collection of interrelated law and social work clinical courses, which we call “the Unger clinic.” This clinic was part of a major, multi-year criminal justice project, led by the Maryland Office of the Public Defender. The clinic and project responded to a need created by a 2012 Maryland Court of Appeals decision, Unger v. State. It, as later clarified, required that all Maryland prisoners who were convicted by juries before 1981—237 older, long-incarcerated prisoners—be given new trials. This was because prior to 1981 Maryland judges in criminal trials were required to instruct the jury …
The Ordinary Heroism Of Lawyers: A Tribute To Roger C. Cramton, W. Bradley Wendel
The Ordinary Heroism Of Lawyers: A Tribute To Roger C. Cramton, W. Bradley Wendel
Cornell Law Review
No abstract provided.
Supreme Verbosity: The Roberts Court's Expanding Legacy
Supreme Verbosity: The Roberts Court's Expanding Legacy
Marquette Law Review
The link between courts and the public is the written word. With rare exceptions, it is through judicial opinions that courts communicate with litigants, lawyers, other courts, and the community. Whatever the court’s statutory and constitutional status, the written word, in the end, is the source and the measure of the court’s authority.
It is therefore not enough that a decision be correct—it must also be fair and reasonable and readily understood. The burden of the judicial opinion is to explain and to persuade and to satisfy the world that the decision is principled and sound. What the court says, …
... Because "Yes" Actually Means "No": A Personalized Prescriptive To Reactualize Informed Consent In Dispute Resolution
Marquette Law Review
None.
The Privilege Doctrines--Are They Just Another Discovery Tool Utilized By The Tobacco Industry To Conceal Damaging Information?, Christine Hatfield
The Privilege Doctrines--Are They Just Another Discovery Tool Utilized By The Tobacco Industry To Conceal Damaging Information?, Christine Hatfield
Pace Law Review
This Comment will analyze the tobacco companies' use of the privilege doctrines to avoid litigation over the past thirty years, specifically focusing on the last fifteen years of litigation between this industry and its accusers. Part II of this Comment will discuss the pertinent discovery rules and the manner in which they are abused. Part III will examine the development, scope and limitations of the attorney-client privilege and work product doctrines, considering with particularity the corporate context and the applicability of the crime-fraud exception to these doctrines. Part IV will review the case law of the tobacco litigation, focusing on …
Judicial Disqualification: An Analysis Of Federal Law, Third Edition, Charles G. Geyh
Judicial Disqualification: An Analysis Of Federal Law, Third Edition, Charles G. Geyh
Books & Book Chapters by Maurer Faculty
Judicial Disqualification: An Analysis of Federal Law outlines the statutory framework of federal judicial disqualification law under statutes 28 U.S.C. §§ 455, 144, 47, and 2106. The monograph revises and expands on the previous editions, and analyzes the case law, with a focus both on substantive disqualification standards and procedural requirements.
State Bar Of California, Edith Jimenez, Andrew J. Van Arsdale, Bridget Fogarty Gramme
State Bar Of California, Edith Jimenez, Andrew J. Van Arsdale, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Georgia State Law Review Symposium Keynote Address: Uncovering Forensic Flaws - An Outside Perspective, Spencer S. Hsu
Georgia State Law Review Symposium Keynote Address: Uncovering Forensic Flaws - An Outside Perspective, Spencer S. Hsu
Georgia State University Law Review
This transcript is a reproduction of the Keynote Address by Spencer Hsu at the 2017–2018 Georgia State University Law Review Symposium — From the Crime Scene to the Court room: The Future of Forensic Science Reform — on April 6, 2018.
Spencer Hsu is an investigative reporter at the Washington Post, a two-time Pulitzer Prize finalist, and a national Emmy Award nominee.
Health Care Referrals Out Of The Shadows: Recognizing The Looming Threat Of The Texas Patient Solicitation Act And Other Illegal Remuneration Statutes, Trenton Brown
St. Mary's Law Journal
Abstract forthcoming
Deploying The Secret Police: The Use Of Algorithms In The Criminal Justice System, Jessica Gabel Cino
Deploying The Secret Police: The Use Of Algorithms In The Criminal Justice System, Jessica Gabel Cino
Georgia State University Law Review
Algorithms saturate our lives today; from curated song lists to recommending “friends” and news feeds, they factor into some of the most human aspects of decision-making, tapping into preferences based on an ever-growing amount of data. Regardless of whether the algorithm pertains to routing you around traffic jams or finding your next dinner, there is little regulation and even less transparency regarding just how these algorithms work. Paralleling this societal adoption, the criminal justice system now employs algorithms in some of the most important aspects of investigation and decision-making.
The lack of oversight is abundantly apparent in the criminal justice …
A Discouraging Omen: A Critical Evaluation Of The Approved Uniform Language For Testimony And Reports For The Forensic Latent Print Discipline, Simon A. Cole
Georgia State University Law Review
The theme of the 2018 Georgia State University Law Review symposium is the Future of Forensic Science Reform. In this Article, I will assess the prospects for reform through a critical evaluation of a document published in February 2018 by the United States Department of Justice (DOJ), the Approved Uniform Language for Testimony and Reports for the Forensic Latent Print Discipline (ULTR).
I argue that this document provides reason to be concerned about the prospects of forensic science reform. In Part I, I discuss the background of the ULTR. In Part II, I undertake a critical evaluation of the ULTR. …
Safety From Flawed Forensic Sciences Evidence, Boaz Sangero
Safety From Flawed Forensic Sciences Evidence, Boaz Sangero
Georgia State University Law Review
This article addresses the way to safety in the context of forensic sciences evidence. After presenting the current lack of safety, which I term “unsafety,” I raise some possible safety measures to contend with this. My suggestions are grounded on two bases: first, the specific analysis of each type of evidence in line with the most recent research on the subject; and second, modern safety theory and its application to the criminal justice system. It is important to stress that my proposals represent only some of the conceivable safety measures. Developing a comprehensive safety theory for the criminal justice system …
The First Amendment Case For Public Access To Secret Algorithms Used In Criminal Trials, Vera Eidelman
The First Amendment Case For Public Access To Secret Algorithms Used In Criminal Trials, Vera Eidelman
Georgia State University Law Review
As this Article sets forth, once a computerized algorithm is used by the government, constitutional rights may attach. And, at the very least, those rights require that algorithms used by the government as evidence in criminal trials be made available—both to litigants and the public. Scholars have discussed how the government’s refusal to disclose such algorithms runs afoul of defendants’ constitutional rights, but few have considered the public’s interest in these algorithms—or the widespread impact that public disclosure and auditing could have on ensuring their quality.
This Article aims to add to that discussion by setting forth a theory of …
Three Transformative Ideals To Build A Better Crime Lab, Nicole B. Cásarez, Sandra G. Thompson
Three Transformative Ideals To Build A Better Crime Lab, Nicole B. Cásarez, Sandra G. Thompson
Georgia State University Law Review
This Article proposes that policy makers should consider establishing their jurisdiction’s crime laboratories as government corporations independent of law enforcement as a means of improving their quality and efficiency. Simply building new buildings or seeking accreditation will not solve the endemic problems that crime laboratories have faced. Rather, we propose that crime laboratories be restructured with a new organizational framework comparable to the Houston Forensic Science Center's (HFSC) status as a local government corporation (LGC), which has proven to be conducive to creating a new institutional culture.
From our experience with the HFSC, we also believe that crime laboratories are …
A Characterization Of The Medical-Legal Partnership (Mlp) Of Nebraska Medicine, Jordan Pieper
A Characterization Of The Medical-Legal Partnership (Mlp) Of Nebraska Medicine, Jordan Pieper
Capstone Experience
This research study was completed at Legal Aid of Nebraska’s Health, Education, and Law Project through the partnership it has formed working with Nebraska Medicine and Iowa Legal Aid. Traditionally, health and disease have always been viewed exclusively as "healthcare" issues. But with healthcare consistently growing towards holistic approaches to help patients, we now know there are deeper, structural conditions of society that can act as strong driving forces of a person's poor daily living conditions that can negatively impact health. The importance of a Medical-Legal Partnership is that it considers a patient's social determinants of health (SDHs). The goal …
Musings On Mediation, Kleenex, And (Smudged) White Hats, Nancy A. Welsh
Musings On Mediation, Kleenex, And (Smudged) White Hats, Nancy A. Welsh
Nancy Welsh
This Essay speculates on the global future of mediation. It anticipates that mediation’s popularity will continue to grow both in the U.S. and abroad particularly as courts continue to encourage and institutionalize the process. Meanwhile, the Essay acknowledges the existence and continuing development of a relatively small cadre of elite lawyers and retired judges who serve as private mediators in large, complex matters.
The Essay also raises concerns, though, regarding the current lack of clarity in the goals and procedural characteristics that define mediation. The Essay asserts that such lack of clarity invites abuse of the mediation privilege and exclusionary …
Integrating "Alternative" Dispute Resolution Into Bankruptcy: As Simple (And Pure) As Motherhood And Apple Pie?, Nancy A. Welsh
Integrating "Alternative" Dispute Resolution Into Bankruptcy: As Simple (And Pure) As Motherhood And Apple Pie?, Nancy A. Welsh
Nancy Welsh
Today, there can be little doubt that “alternative” dispute resolution is anything but alternative. Nonetheless, many judges, lawyers (and law students) do not truly understand the dispute resolution processes that are available and how they should be used. In the shadow of the current economic crisis, this lack of knowledge is likely to have negative consequences, particularly in those areas of practice such as bankruptcy and foreclosure in which clients, lawyers, regulators, and courts work under pressure, often with inadequate time and financial resources to permit careful analysis of procedural options. Potential negative effects can include: (1) impairment of a …
High Court Pretense, Lower Court Candor: Judicial Impartiality After Capterton V. Massey Coal Co., Lynne H. Rambo
High Court Pretense, Lower Court Candor: Judicial Impartiality After Capterton V. Massey Coal Co., Lynne H. Rambo
Lynne H. Rambo
Apolitical, impartial judging has always been our judicial ideal. In the last twenty years, however, special interest groups have sought power over (and through) judges by pouring millions into judicial elections, and the Court has recognized their first amendment right to do so. In the midst of this politicization of judicial elections, the Court five years ago reinforced the impartiality ideal, holding very broadly in Caperton v. Massey Coal Co. that it violates due process for a judge to sit whenever there is a “probability of bias,” i.e., whenever the average judge is unlikely to be neutral. Caperton involved a …
Truthfulness As An Ethical Form Of Life, W. Bradley Wendel
Truthfulness As An Ethical Form Of Life, W. Bradley Wendel
Cornell Law Faculty Publications
This essay, a contribution to a symposium at Duquesne Law School entitled Resurrecting Truth in American Law and Public Discourse, was inspired by an observation made by Bernard Williams, in his paper “Saint-Just’s Illusion.” Williams noted that the issue of moral objectivity always come back to what to do with disagreement in matters of morality, and what sorts of considerations might lead the other party out of error. And in his book, Truth and Truthfulness, Williams argued (among other things, in a rich and subtle work) that the dispositions of truthfulness cultivated by citizens of a liberal political community are …
The Texas Standards For Appellate Conduct: An Annotated Guide And Commentary, Gina M. Benavides, Joshua J. Caldwell
The Texas Standards For Appellate Conduct: An Annotated Guide And Commentary, Gina M. Benavides, Joshua J. Caldwell
St. Mary's Journal on Legal Malpractice & Ethics
The legal profession is bound by ethical rules that govern and guide our conduct and actions as lawyers. One of the under-appreciated, but profoundly important set of guidelines is the Texas Standards for Appellate Conduct. These Standards serve as an excellent practice guide for appellate practitioners and appellate courts and as a model code of conduct for the Bar as a whole.
The goal of this Article is to dissect the Texas Standards for Appellate Conduct and provide useful commentaries for the readers to better appreciate and understand each element of the Standards. The commentaries provide direct case examples and …
Causation And "Legal Certainty" In Legal Malpractice Law, Vincent R. Johnson
Causation And "Legal Certainty" In Legal Malpractice Law, Vincent R. Johnson
St. Mary's Journal on Legal Malpractice & Ethics
A line of California cases holds that causation of damages in legal malpractice actions must be proven with “legal certainty.” This Article argues that judicial references to legal certainty are ambiguous and threaten to undermine the fairness of legal malpractice litigation as a means for resolving lawyer-client disputes. Courts should eschew the language of legal certainty and plainly state that damages are recoverable if a legal malpractice plaintiff proves, by a preponderance of the evidence, that those losses were factually and proximately caused by the defendant’s breach of duty.
"Dirty" Experts: Ethical Challenges Concerning, And A Comparative Perspective On, The Use Of Consulting Experts, David S. Caudill
"Dirty" Experts: Ethical Challenges Concerning, And A Comparative Perspective On, The Use Of Consulting Experts, David S. Caudill
St. Mary's Journal on Legal Malpractice & Ethics
U.S. attorneys often hire consulting experts who potentially never get named as testifying experts. The same practice is evident in Australia, where the colloquial distinction is between a “clean” and a “dirty” expert, the latter being in the role of a consultant who is considered a member of the client’s “legal team.” A “clean” expert named as a witness is then called “independent,” signaling that he or she is not an advocate. In contrast to the U.S. discourse concerning consulting and testifying experts, focused on discovery issues, the conversation in Australia betrays immediate ethical concerns that both (i) explain why …
The Paragraph 20 Paradox: An Evaluation Of The Enforcement Of Ethical Rules As Substantive Law, Donald E. Campbell
The Paragraph 20 Paradox: An Evaluation Of The Enforcement Of Ethical Rules As Substantive Law, Donald E. Campbell
St. Mary's Journal on Legal Malpractice & Ethics
This Article addresses an issue courts across the country continue to struggle with: When are ethics rules appropriately considered enforceable substantive obligations, and when should they only be enforceable through the disciplinary process? The question is complicated by the ethics rules themselves. Paragraph 20 of the Scope section of the Model Rules of Professional Conduct includes seemingly contradictory guidance; it states the Rules are not to be used to establish civil liability, but also that they can be “some evidence” of a violation of a lawyer’s standard of care. Most states have adopted this paradoxal Paragraph 20 language. Consequently, courts …
Transcript - Conference On The Ethics Of Legal Scholarship, Nicky Booth-Perry, Stanley Fish, Neil W. Hamilton, Leslie Francis, Carissa Byrne Hessick, Paul Horwitz, Joseph D. Kearney, Chad M. Oldfather, Ryan Scoville, Eli Wald, Robin L. West
Transcript - Conference On The Ethics Of Legal Scholarship, Nicky Booth-Perry, Stanley Fish, Neil W. Hamilton, Leslie Francis, Carissa Byrne Hessick, Paul Horwitz, Joseph D. Kearney, Chad M. Oldfather, Ryan Scoville, Eli Wald, Robin L. West
Utah Law Faculty Scholarship
This is a transcript of the proceedings of the Conference on the Ethics of Legal Scholarship held at Marquette University Law School on September 15-16, 2017. Topics addressed include (1) what counts as legal scholarship and what is the obligation of neutrality?, (2) the obligations of sincerity, candor, and exhaustiveness, and (3) the mechanisms of legal scholarship, especially law reviews and the issues they create. The conference's working aim was to generate and propose a set of ethical guidelines for legal scholarship.
Is Bar Exam Failure A Harbinger Of Professional Discipline?, Jeffrey S. Kinsler
Is Bar Exam Failure A Harbinger Of Professional Discipline?, Jeffrey S. Kinsler
St. John's Law Review
(Excerpt)
This Article’s theses are premised on two suppositions. First, the primary causes of attorney discipline are nondiligence and incompetence. Similarly, the primary causes of bar exam failure are “poor study habits, weak academic skill development, or low intellectual functioning . . . .” Thus, it is reasonable to assume that lawyers who fail the bar exam are more likely to be disciplined as attorneys. Second, there is statistical and anecdotal evidence linking the failure of entrance exams and subsequent professional discipline in other occupations. It is plausible, therefore, that such a link exists in the legal profession.
The Inspector General On The Fbi In Fall 2016: How A Fateful Delay Set The Stage For The Ultimate October Surprise, Peter Margulies
The Inspector General On The Fbi In Fall 2016: How A Fateful Delay Set The Stage For The Ultimate October Surprise, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Virtuous Billing, Randy D. Gordon, Nancy B. Rapoport
Virtuous Billing, Randy D. Gordon, Nancy B. Rapoport
Randy D. Gordon
Aristotle tells us, in his Nicomachean Ethics, that we become ethical by building good habits and we become unethical by building bad habits: “excellence of character results from habit, whence it has acquired its name (êthikê) by a slight modification of the word ethos (habit).” Excellence of character comes from following the right habits. Thinking of ethics as habit-forming may sound unusual to the modern mind, but not to Aristotle or the medieval thinkers who grew up in his long shadow. “Habit” in Greek is “ethos,” from which we get our modern word, “ethical.” In Latin, habits are moralis, which …
Attorneys' Malpractice Policies: Regulatory Exclusions And Public Policy, Susan Saab Fortney
Attorneys' Malpractice Policies: Regulatory Exclusions And Public Policy, Susan Saab Fortney
Susan S. Fortney
The courts have yet to decide the issue of the enforceability of provisions in legal malpractice insurance policies that specifically exclude from coverage claims made by government regulators such as the FDIC. The question has reached the courts with respect to such exclusionary provisions in directors' and officers' liability insurance policies, and here the courts are split. The author discusses the current case law and the statutory developments.