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 (17)
- Criminal Law (13)
- Legal Education (13)
- Social and Behavioral Sciences (10)
- Criminology and Criminal Justice (9)
-
- International Law (9)
- Law and Politics (9)
- Legal Studies (9)
- Political Science (9)
- Legal Writing and Research (8)
- Law and Society (4)
- Business Organizations Law (2)
- Law and Psychology (2)
- Architectural History and Criticism (1)
- Architecture (1)
- Arts and Humanities (1)
- Business (1)
- Business Law, Public Responsibility, and Ethics (1)
- Civil Law (1)
- Criminal Procedure (1)
- Evidence (1)
- Feminist, Gender, and Sexuality Studies (1)
- Immigration Law (1)
- Judges (1)
- Landscape Architecture (1)
- Law Enforcement and Corrections (1)
- Law Librarianship (1)
- Law and Economics (1)
- Institution
-
- James Madison University (9)
- Selected Works (5)
- University of Kentucky (3)
- Pepperdine University (2)
- Roger Williams University (2)
-
- University of Missouri School of Law (2)
- William & Mary Law School (2)
- Marquette University Law School (1)
- Northwestern Pritzker School of Law (1)
- Notre Dame Law School (1)
- Schulich School of Law, Dalhousie University (1)
- St. Mary's University (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- United Arab Emirates University (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Baltimore Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- Publication Year
- Publication
-
- International Journal on Responsibility (9)
- Faculty Publications (3)
- Law Faculty Scholarly Articles (3)
- Thomas L. Shaffer (3)
- Pepperdine Law Review (2)
-
- Scholarly Works (2)
- Articles, Book Chapters, & Popular Press (1)
- Dr Matilda Arvidsson (1)
- Faculty Working Papers (1)
- Journal Articles (1)
- Law Library Newsletters/Blog (1)
- Life of the Law School (1993- ) (1)
- Marquette Law Review (1)
- Popular Media (1)
- Samuel J. Levine (1)
- St. Mary's Journal on Legal Malpractice & Ethics (1)
- UAEU Law Journal (1)
- University of Arkansas at Little Rock Law Review (1)
- University of Baltimore Law Forum (1)
- Publication Type
- File Type
Articles 1 - 30 of 35
Full-Text Articles in Legal Ethics and Professional Responsibility
Duties Regarding Duties, Ronald J. Colombo
Duties Regarding Duties, Ronald J. Colombo
Marquette Law Review
Corporate directors are subject to the fiduciary duties of care and loyalty
in the discharge of their responsibilities. The demands of these duties, from
their precise contours to their application under a particular set of
circumstances, is oftentimes far from obvious.
In order to properly fulfill their duties of care and loyalty, corporate
directors necessarily depend upon corporate counsel: specialized attorneys,
whether in-house or external to the corporation, retained to advise and
represent the corporation. As attorneys, corporate counsel are themselves
subject to a wide array of professional responsibilities, ranging from the
exhortations of codes of ethics to duties the …
Law Library Blog (October 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (October 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
The Electronic Press And Its Lack Of Responsibility
The Electronic Press And Its Lack Of Responsibility
UAEU Law Journal
The electronic press is the most widespread form of mass media represented by press publication services through websites publishing news, reports, investigations and press articles. It enjoys a lot of freedom and self-expression; however, such excessive freedom and self-expression is not absolute, for there are standard morals of press occupation governed basically by general disciplines, such as honesty and truth which have the ultimate aim of improving the performance of mass media and controlling mass media for the benefit of society and its issues.
Individuals harmed as a result of electronic publication as well as those who suffer from slander …
Law School News: Are You Experienced? 01-18-2019, Michael M. Bowden
Law School News: Are You Experienced? 01-18-2019, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Special Issue, December 2018
International Journal on Responsibility
Contents:
5 – 7 Terry Beitzel, Gjylbehare Muharti, and Hysen Nimani, Responsibility in the Balkans: Justice, Media and Arts.
8 – 22 Mujë Ukaj and Qendresa Jasharaj, International Criminal Responsibility in Kosovo: Establishment of the International Criminal Court - de lege lata, de lege ferenda.
23 – 41 Avdullah Robaj and Sabiha Shala, Responsibility in Building Rule of Law: Kosovo Challenges.
42 – 54 Mujë Ukaj, The Irresponsible Persons: the Imposition and Execution of the Mandatory Treatment Measures on Criminal Procedure of Kosovo.
55 – 64 Gani Asllani, Bedri Statovci, and Gentiana Gega, Development and Protection of Economic …
Volume 1, Issue 2 (2017) Inaugural Issue
Volume 1, Issue 2 (2017) Inaugural Issue
International Journal on Responsibility
Contents:
Introduction: Terry Beitzel, Types of Responsibility: Challenges and Opportunities
3 – 5 Howard Zehr, Restorative Justice and the Gandhian Tradition.
6 – 26 Richard E. Rubenstein, Responsibility for Peacemaking in the Context of Structural Violence.
27 – 64 Marc Pufong, Terror, Insecurity, State Responsibility and Challenges: Yesterday and Today?
65 – 77 Ron Kraybill, Responsibility, Community and Conflict Resolution in an Age of Polarization.
78 – 96 John Fairfield, Beyond non-violence to courtship.
97 – 98 Call for papers for forthcoming issues of the International Journal on Responsibility and instructions for authors.
Acknowledgments, Howard S. Carrier
Acknowledgments, Howard S. Carrier
International Journal on Responsibility
Serious work to bring the International Journal on Responsibility to life commenced during the summer of 2015. In the intervening period between conceptualization and publication, many organizations and individuals within James Madison University and the wider community have contributed enormously to bringing the journal to fruition.
Who Is Responsible For Ethical Legal Education, For What And To Whom? Case Of Kosovo, Sabiha Shala, Gjylbehare Muharti
Who Is Responsible For Ethical Legal Education, For What And To Whom? Case Of Kosovo, Sabiha Shala, Gjylbehare Muharti
International Journal on Responsibility
Legal education continues to be one of the most demanded areas of study from the younger generation in Kosovo. As result, the number of law graduates is quite high. On the other hand, the rule of law sector is quite fragile, judges and lawyers are perceived by parts of the society to be ethically dysfunctional. The trust in judicial institutions is quite low. The debate which is going on now is whose main responsibility for such a situation that is. Is the duty of the higher education institutions providing legal education, or is it a responsibility of educational institutions at …
Resolving The Paradox Of Holding People Responsible, Hal Pepinsky
Resolving The Paradox Of Holding People Responsible, Hal Pepinsky
International Journal on Responsibility
Regardless of justification, it is commonplace throughout the U.S. criminal justice system as in everyday life to teach our offenders and children alike that wrong actions “have consequences,” namely, those authority figures promise to impose upon them. We do so in the name of holding people responsible for their actions, or in legal parlance in civil law, holding them accountable or liable. I noticed that in Norwegian, responsibility, accountability and liability translate into one word, ansvar, which I have translated from Germanic to Latin roots as “responsiveness.” In practice, the state of being responsive to others with whom one conflicts …
Political Flip-Flopping, Political Responsibility, Current Governance, And The Disenfranchised, T.Y. Okosun
Political Flip-Flopping, Political Responsibility, Current Governance, And The Disenfranchised, T.Y. Okosun
International Journal on Responsibility
No abstract provided.
What Does Responsibility Mean To Me?, Arun Gandhi
What Does Responsibility Mean To Me?, Arun Gandhi
International Journal on Responsibility
No abstract provided.
Who Is Responsible To Do What For Whom? A Letter From The Editor-In-Chief, Terry Beitzel
Who Is Responsible To Do What For Whom? A Letter From The Editor-In-Chief, Terry Beitzel
International Journal on Responsibility
No abstract provided.
Volume 1, Issue 1 (2017) Inaugural Issue
Volume 1, Issue 1 (2017) Inaugural Issue
International Journal on Responsibility
Contents:
1 – 4 Terry Beitzel, Who is Responsible to do what for Whom? A letter from the Editor-in-Chief.
5 – 20 Arun Gandhi, What Does Responsibility Mean to Me?
21 – 42 T.Y. Okosun, Political Flip-flopping, Political Responsibility, Current Governance, and the Disenfranchised.
43 – 54 Hal Pepinsky, Resolving the Paradox of Holding People Responsible.
55 – 66 Kendra A. Hollern, Dying with Dignity: Where is the Compassion in Compassionate Release Programs?
67 – 82 Sabiha Shala & Gjylbehare Muharti, Who is Responsible for Ethical Legal Education, for what and to whom? Case of Kosovo.
83 Acknowledgments.
The Legal Profession's Rule Against Vouching For Clients: Advocacy And The Manner That Is The Man Himself, Thomas L. Shaffer
The Legal Profession's Rule Against Vouching For Clients: Advocacy And The Manner That Is The Man Himself, Thomas L. Shaffer
Thomas L. Shaffer
Modem American lawyers impose on one another regulatory rules that speak to the old argument but have not resolved it. One of these requires lawyers to advocate the interests of their clients with zeal; another forbids them from arguing that they believe what they say, or in the merit of what they are asking the government to do. The latter of these is a rule against vouching for clients. Rules that require zeal and forbid vouching seek to prevent both advertent deceit and an "unprofessional" limitation of advocacy to causes lawyers believe in. My claim is that these rules are …
Inward Bound: An Exploration Of Character Development In Law School, Heather D. Baum
Inward Bound: An Exploration Of Character Development In Law School, Heather D. Baum
University of Arkansas at Little Rock Law Review
No abstract provided.
The Professional Responsibility Of Teachers Of Professional Responsibility, Thomas Shaffer
The Professional Responsibility Of Teachers Of Professional Responsibility, Thomas Shaffer
Thomas L. Shaffer
No abstract provided.
Embodying Law In The Garden: An Autoethnographic Account Of An Office Of Law, Matilda Arvidsson
Embodying Law In The Garden: An Autoethnographic Account Of An Office Of Law, Matilda Arvidsson
Dr Matilda Arvidsson
Based on an autoethnographical study of the office of the tingsnotarie this article questions the relation between the ethical self and the act of taking up a judicial office, employing the question of how I can live with (my) law. While the office and the ethical self are kept apart, often by recourse to persona, I make a case for the attendance to the self in examinations of ethical responsibility when pursuing an office of law. I propose that the garden, and in particular the practices and notions of (en)closure, (loss of) direction, cultivation, (dis)order, authorship and care-for-the-other which are …
Online Legal Advice: Ethics In The Digital Age, Paige A. Thomas
Online Legal Advice: Ethics In The Digital Age, Paige A. Thomas
St. Mary's Journal on Legal Malpractice & Ethics
The rise of the Internet changed the way initial interactions between lawyers and prospective clients happen. Unfortunately, a host of problems concerning privacy rights and consumer usage have emerged. In this digital age, where immediacy and response time are driving factors in an attorney’s online presence, the approach to establish an attorney-client relationship is far more informal. Due to the quick rise of the Internet and social media, the Model Rules of Professional Conduct do not offer a clear answer for attorneys using social media. An inherent danger lies in off-the-cuff remarks, made on the Internet—a platform generally associated with …
Symposium: Client Counseling And Moral Responsibility, Robert F. Cochran Jr, Deborah L. Rhode, Paul R. Tremblay, Thomas L. Shaffer
Symposium: Client Counseling And Moral Responsibility, Robert F. Cochran Jr, Deborah L. Rhode, Paul R. Tremblay, Thomas L. Shaffer
Thomas L. Shaffer
Cochran served as moderator and presented an introduction to this symposium titled "Client Counseling and Moral Responsibility". It is based on papers and discussion presented at the Professional Responsibility Section panel at the annual meeting of the American Association of Law Schools in Washington, D.C., on January 4, 2003. Members of the panel, Professors Deborah Rhode, Paul Tremblay, and Thomas Shaffer presented three different approaches to moral issues that arise in the client counseling relationship: the directive approach, client-centered counseling and the collaborative model. Under the directive model, a lawyer asserts control of moral issues that arise during legal representation. …
Foreword To The Conference: The Law: Business Or Profession? The Continuing Relevance Of Julius Henry Cohen For The Practice Of Law In The Twenty-First Century, Samuel J. Levine
Foreword To The Conference: The Law: Business Or Profession? The Continuing Relevance Of Julius Henry Cohen For The Practice Of Law In The Twenty-First Century, Samuel J. Levine
Samuel J. Levine
No abstract provided.
Foreword To The Conference: The Law: Business Or Profession? The Continuing Relevance Of Julius Henry Cohen For The Practice Of Law In The Twenty-First Century, Samuel J. Levine
Foreword To The Conference: The Law: Business Or Profession? The Continuing Relevance Of Julius Henry Cohen For The Practice Of Law In The Twenty-First Century, Samuel J. Levine
Scholarly Works
No abstract provided.
Corporations As Ships: An Inquiry Into Personal Accountability And Institutional Legitimacy , Art Wolfe
Corporations As Ships: An Inquiry Into Personal Accountability And Institutional Legitimacy , Art Wolfe
Pepperdine Law Review
No abstract provided.
Symposium: Client Counseling And Moral Responsibility, Robert F. Cochran Jr, Deborah L. Rhode, Paul R. Tremblay, Thomas L. Shaffer
Symposium: Client Counseling And Moral Responsibility, Robert F. Cochran Jr, Deborah L. Rhode, Paul R. Tremblay, Thomas L. Shaffer
Pepperdine Law Review
Cochran served as moderator and presented an introduction to this symposium titled "Client Counseling and Moral Responsibility". It is based on papers and discussion presented at the Professional Responsibility Section panel at the annual meeting of the American Association of Law Schools in Washington, D.C., on January 4, 2003. Members of the panel, Professors Deborah Rhode, Paul Tremblay, and Thomas Shaffer presented three different approaches to moral issues that arise in the client counseling relationship: the directive approach, client-centered counseling and the collaborative model. Under the directive model, a lawyer asserts control of moral issues that arise during legal representation. …
Blaming As A Social Process: The Influence Of Character And Moral Emotion On Blame, Janice Nadler
Blaming As A Social Process: The Influence Of Character And Moral Emotion On Blame, Janice Nadler
Faculty Working Papers
For the most part, the law eschews the role of moral character in legal blame. But when we observe an actor who causes harm, legal and psychological blame processes are in tension. Procedures for legal blame assume an assessment of the actor's mental state, and ultimately of responsibility, that is independent of the moral character of the actor. In this paper, I present experimental evidence to suggest that perceptions of intent, foreseeability, and possibly causation can be colored by independent reasons for thinking the actor is a bad person, and are mediated by the experience of negative moral emotion. Our …
Responsibility Status Of The Psychopath: On Moral Reasoning And Rational Self-Governance, Paul J. Litton
Responsibility Status Of The Psychopath: On Moral Reasoning And Rational Self-Governance, Paul J. Litton
Faculty Publications
This article does not aim to describe the opposing views and argue for one over the other. Rather, I propose to deflate the debate as far as possible, attempting to reduce the area of disagreement. Meaningful disagreement exists only if there are, or could be, agents who have an undiminished capacity for practical reasoning or rational self-governance, yet truly are incapable of moral reasoning. However, I suggest that the capacity for rational self-governance entails the capacity to comprehend and act on moral considerations; thus, to the extent that an individual truly is incapable of grasping moral reasons, we should expect …
We Can't Escape Responsibility, Gene R. Nichol
The 'Abuse Excuse' In Capital Sentencing Trials: Is It Relevant To Responsibility, Punishment, Or Neither?, Paul J. Litton
The 'Abuse Excuse' In Capital Sentencing Trials: Is It Relevant To Responsibility, Punishment, Or Neither?, Paul J. Litton
Faculty Publications
The violent criminal who was a victim of severe childhood abuse frequently appears in the responsibility literature because he presents a difficulty for theorists who maintain the compatibility of causal determinism and our practices of holding persons responsible. The challenge is based on the fact that learning about an offender's horrific childhood mitigates the indignation that many persons feel towards him, possibly indicating that they hold him less than fully responsible. Many capital defendants present evidence of suffering childhood abuse, and many jurors find this evidence to count against imposing death. The most obvious explanation for a response like this …
Limited Representation: Helping Clients While Protecting Yourself, Mary E. Berkheiser
Limited Representation: Helping Clients While Protecting Yourself, Mary E. Berkheiser
Scholarly Works
The lawyer-client relationship is defined by what the client retains the lawyer to do, and that retention may be as general or specific as the lawyer and client desire. The Nevada Supreme Court has recognized that even with regard to “a particular transaction or dispute, an attorney may be specifically employed in a limited capacity.” This freedom to contract for broader or narrower representation benefits both lawyers and clients. No lawyer can be a true generalist anymore, and most clients cannot afford the full range of representation that the legal profession offers on a single matter.
Normative, And Somewhere To Go? Reflections On Professional Responsibility, Richard F. Devlin Frsc
Normative, And Somewhere To Go? Reflections On Professional Responsibility, Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
In this article the author offers some reflections on professional responsibility. He straddles the optimist and pessimist perspectives espousing ''pessoptimism" as a more adequate position than either extreme. The author begins by deconstructing the title of the conference in which the paper was delivered: "A New Look: A National Conference on the Legal Profession and Ethics," which took place in Calgary, in June 1994. Pursuing a middle path between the optimistic and pessimistic approaches to professional responsibility, the author outlines the parameters of his ethical vision which provides some directions for legal practice. There are three elements to his restructured …
The Legal Profession's Rule Against Vouching For Clients: Advocacy And The Manner That Is The Man Himself, Thomas L. Shaffer
The Legal Profession's Rule Against Vouching For Clients: Advocacy And The Manner That Is The Man Himself, Thomas L. Shaffer
Journal Articles
Modem American lawyers impose on one another regulatory rules that speak to the old argument but have not resolved it. One of these requires lawyers to advocate the interests of their clients with zeal; another forbids them from arguing that they believe what they say, or in the merit of what they are asking the government to do. The latter of these is a rule against vouching for clients. Rules that require zeal and forbid vouching seek to prevent both advertent deceit and an "unprofessional" limitation of advocacy to causes lawyers believe in. My claim is that these rules are …