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Legal Ethics and Professional Responsibility

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Articles 1 - 12 of 12

Full-Text Articles in Legal History

Tell Us A Story, But Don't Make It A Good One: Resolving The Confusion Regarding Emotional Stories And Federal Rule Of Evidence 403, Cathren Page Feb 2014

Tell Us A Story, But Don't Make It A Good One: Resolving The Confusion Regarding Emotional Stories And Federal Rule Of Evidence 403, Cathren Page

Cathren Page

Abstract: Tell Us a Story, But Don’t Make It A Good One: Resolving the Confusion Regarding Emotional Stories and Federal Rule of Evidence 403 by Cathren Koehlert-Page Courts need to reword their opinions regarding Rule 403 to address the tension between the advice to tell an emotionally evocative story at trial and the notion that evidence can be excluded if it is too emotional. In the murder mystery Mystic River, Dave Boyle is kidnapped in the beginning. The audience feels empathy for Dave who as an adult becomes one of the main suspects in the murder of his friend Jimmy’s …


The Tenuous Case For Conscience, Steven D. Smith Dec 2011

The Tenuous Case For Conscience, Steven D. Smith

Steven D. Smith

If there is any single theme that has provided the foundation of modern liberalism and has infused our more specific constitutional commitments to freedom of religion and freedom of speech, that theme is probably “freedom of conscience.” But some observers also perceive a progressive cheapening of conscience– even a sort of degradation. Such criticisms suggest the need for a contemporary rethinking of conscience. When we reverently invoke “conscience,” do we have any idea what we are talking about? Or are we just exploiting a venerable theme for rhetorical purposes without any clear sense of what “conscience” is or why it …


Restoring The Natural Law: Copyright As Labor And Possession, Alfred C. Yen Oct 2011

Restoring The Natural Law: Copyright As Labor And Possession, Alfred C. Yen

Alfred C. Yen

In this Article, Professor Yen explores the problems associated with viewing copyright solely as a tool for achieving economic efficiency and advocates for the restoration of natural law to copyright jurisprudence. The Article demonstrates that economics has not been solely responsible for copyright’s development and basic structure, but has rather developed along lines suggested by neutral law, despite modern copyright jurisprudence. The Article considers the consequences of extinguishing copyright’s natural law facets in favor of the blind pursuit of efficiency and concludes by exploring the implications of restoring natural law thinking to copyright jurisprudence.


Sectionalism, Slavery And The Threat Of War In Josiah Quincy Jr.’S 1773 Southern Journal, Daniel R. Coquillette May 2006

Sectionalism, Slavery And The Threat Of War In Josiah Quincy Jr.’S 1773 Southern Journal, Daniel R. Coquillette

Daniel R. Coquillette

No abstract provided.


The Legal History Of The Twentieth Century, Daniel R. Coquillette Dec 2002

The Legal History Of The Twentieth Century, Daniel R. Coquillette

Daniel R. Coquillette

No abstract provided.


First Flower - The Earliest American Law Reports And The Extraordinary Josiah Quincy Jr. (1744-1775), Daniel R. Coquillette Dec 1995

First Flower - The Earliest American Law Reports And The Extraordinary Josiah Quincy Jr. (1744-1775), Daniel R. Coquillette

Daniel R. Coquillette

No abstract provided.


Radical Lawmakers In Colonial Massachusetts: The `Countenance Of Authoritie' And The Lawes And Libertyes, Daniel R. Coquillette May 1994

Radical Lawmakers In Colonial Massachusetts: The `Countenance Of Authoritie' And The Lawes And Libertyes, Daniel R. Coquillette

Daniel R. Coquillette

Also appears in Studi in Memoria Di Gino Gorla, 1605-1633. Tomo II: Dialogo Tra Ordinamenti, Diritto dei Commerci E Diritto Europa Iura Naturalia E Diritti Fondamentali. Italy, 1994, and in translation as "Giuristi Radicali Nel Massachusetts Coloniale: `Countenance of Authority' Lawes and Libertyes." In Il Diritto dei Nuovi Mondi: Atti del Convegno promosso dall'Instituto di Diritto Privato delle Facoltà di Giurisprudenza: Genova, 5-7 novembre 1992, 113-143. Milan: Casa Editrice Dott. Antonio Milani, 1994.


Legal Ideology And Incorporation Iv: The Nature Of Civilian Influence On Modern Anglo-American Commercial Law, Daniel R. Coquillette Oct 1987

Legal Ideology And Incorporation Iv: The Nature Of Civilian Influence On Modern Anglo-American Commercial Law, Daniel R. Coquillette

Daniel R. Coquillette

No abstract provided.


Legal Ideology And Incorporation Iii: Reason Regulated - The Post-Restoration English Civilians, 1653-1735, Daniel R. Coquillette Feb 1987

Legal Ideology And Incorporation Iii: Reason Regulated - The Post-Restoration English Civilians, 1653-1735, Daniel R. Coquillette

Daniel R. Coquillette

No abstract provided.


Ideology And Incorporation Ii: Sir Thomas Ridley, Charles Molloy, And The Literary Battle For The Law Merchant, 1607-1676, Daniel R. Coquillette Feb 1981

Ideology And Incorporation Ii: Sir Thomas Ridley, Charles Molloy, And The Literary Battle For The Law Merchant, 1607-1676, Daniel R. Coquillette

Daniel R. Coquillette

No abstract provided.


Legal Ideology And Incorporation I: The English Civilian Writers, 1523-1607, Daniel R. Coquillette Dec 1980

Legal Ideology And Incorporation I: The English Civilian Writers, 1523-1607, Daniel R. Coquillette

Daniel R. Coquillette

No abstract provided.


Mosses From An Old Manse: Another Look At Some Historic Property Cases About The Environment, Daniel R. Coquillette May 1979

Mosses From An Old Manse: Another Look At Some Historic Property Cases About The Environment, Daniel R. Coquillette

Daniel R. Coquillette

Also appears in Land Use and Environment Law Review 12 (1981): 67-127, and in International Library of Essays in Law and Legal Theory: Environmental Law, edited by Michael C. Blum, 107-67. New York: New York University Press, 1992.