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Legal Ethics and Professional Responsibility Commons™
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Articles 1 - 6 of 6
Full-Text Articles in Legal Ethics and Professional Responsibility
Understanding Kaye Scholer: The Autonomous Citizen, The Managed Subject And The Role Of The Lawyer, Nancy Amoury Combs
Understanding Kaye Scholer: The Autonomous Citizen, The Managed Subject And The Role Of The Lawyer, Nancy Amoury Combs
Nancy Combs
The Office of Thrift Supervision's (OTS) unprecedented enforcement action against Kaye, Scholer, Fierman, Hays and Handler (Kaye Scholer) prompted howls of protest from the legal community. OTS, it was claimed, was using its excessive power to redefine the role of the lawyer. This Comment confirms that OTS sought to impose duties on Kaye Scholer that conflict with professional ethics rules. The Comment then goes on to suggest that the conflict over professional responsibility in the Kaye Scholer case reflects, more fundamentally, a conflict over the role of the citizen, and the citizen's relationship with the state. Our adversarial system of …
Prosecutorial Shaming: Naming Attorneys To Reduce Prosecutorial Misconduct, Adam M. Gershowitz
Prosecutorial Shaming: Naming Attorneys To Reduce Prosecutorial Misconduct, Adam M. Gershowitz
Adam M. Gershowitz
This Article explores the unfortunately large number of instances in which appellate courts reverse convictions for serious prosecutorial misconduct but do not identify the names of the prosecutors who committed that misconduct. Because judges are reluctant to publicly shame prosecutors whose cases are reversed, this Article advocates that a neutral set of third parties undertake the responsibility of publicly identifying prosecutors who have committed serious misconduct. The naming of prosecutors will shame bad actors, provide a valuable pedagogical lesson for junior prosecutors, and signal to trial judges that certain prosecutors must be monitored more closely to avoid future misconduct.
Imputed Liability For Supervising Prosecutors: Applying The Military Doctrine Of Command Responsibility To Reduce Prosecutorial Misconduct, Geoffrey S. Corn, Adam M. Gershowitz
Imputed Liability For Supervising Prosecutors: Applying The Military Doctrine Of Command Responsibility To Reduce Prosecutorial Misconduct, Geoffrey S. Corn, Adam M. Gershowitz
Adam M. Gershowitz
No abstract provided.
Office Hours: Just The Facts With Allison Orr Larsen, Jeffrey Bellin, Michaela Lieberman, Allison Orr Larsen
Office Hours: Just The Facts With Allison Orr Larsen, Jeffrey Bellin, Michaela Lieberman, Allison Orr Larsen
Allison Orr Larsen
March 27, 2018: Today’s guest is William & Mary Law School professor Allison Orr Larsen. Professor Larsen talks about her research into the use of “alternative facts” in Supreme Court opinions (and beyond), the constitutional obstacles to investigating a sitting President, and her surprising career path.
The Attorney General's Forgotten Role As Legal Advisor To The Legislature: A Comment On Schmidt V Canada (Attorney General), Andrew Martin
The Attorney General's Forgotten Role As Legal Advisor To The Legislature: A Comment On Schmidt V Canada (Attorney General), Andrew Martin
Articles, Book Chapters, & Popular Press
In Schmidt v Canada (Attorney General), the Federal Court of Appeal interpreted a series of provisions requiring the Minister of Justice to inform the House of Commons if government bills or proposed regulations are “inconsistent with” the Canadian Charter of Rights and Freedoms or the Canadian Bill of Rights. The Federal Court of Appeal, like the Federal Court below, held that these provisions are triggered only where there is no credible argument for consistency. In doing so, both Courts relied, in part, on a separation of powers argument. They stated that the Minister of Justice and Attorney General is not …
Legal Ethics And Canada's Military Lawyers, Andrew Martin
Legal Ethics And Canada's Military Lawyers, Andrew Martin
Articles, Book Chapters, & Popular Press
English Abstract: Military lawyers—lawyers who are legal officers in the Canadian Forces— are virtually ignored in the Canadian legal literature. This article assesses what appear to be the most striking potential legal ethics issues facing military lawyers. Several of these issues arise because military lawyers are both lawyers and military officers at the same time, and therefore face two sets of obligations that interact in complex ways. Some issues, however, arise because of the special practice contexts of military lawyers, for example, advising military commanders on the law of armed conflict. As context for this discussion, the article examines the …