Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Selected Works (56)
- Seattle University School of Law (26)
- Pepperdine University (16)
- SelectedWorks (10)
- Penn State Dickinson Law (5)
-
- Georgetown University Law Center (4)
- Cornell University Law School (2)
- Fordham Law School (2)
- Schulich School of Law, Dalhousie University (2)
- UIC School of Law (2)
- University of Colorado Law School (2)
- University of Miami Law School (2)
- American University Washington College of Law (1)
- Arizona Summit Law School (1)
- Chicago-Kent College of Law (1)
- Cleveland State University (1)
- Columbia Law School (1)
- Duke Law (1)
- Georgia State University College of Law (1)
- Mercer University School of Law (1)
- SJ Quinney College of Law, University of Utah (1)
- Texas A&M University School of Law (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- UC Law SF (1)
- University of Cincinnati College of Law (1)
- University of Kentucky (1)
- University of Missouri-Kansas City School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of Pittsburgh School of Law (1)
- University of Richmond (1)
- Keyword
-
- Corporate Law (27)
- Corporations (27)
- Investment (26)
- Public Corporations (26)
- Firms (24)
-
- Theory of the Firm (24)
- Legal Profession (18)
- Professional Ethics (17)
- Ethics (16)
- Legal Education (16)
- Financial Markets (15)
- Legal Ethics (14)
- Finance (13)
- Legal ethics (13)
- Legal profession (12)
- Lawyers (10)
- Judges (9)
- Courts (8)
- Practice and Procedure (8)
- Professional responsibility (7)
- Attorneys (6)
- Legal services (6)
- First Amendment (5)
- Lawyer (5)
- Professional Responsibility (5)
- Regulation (5)
- ABS (4)
- Civil Rights and Discrimination (4)
- Constitutional Law (4)
- Financial Crisis (4)
- Publication
-
- Seattle University Law Review (26)
- Pepperdine Law Review (15)
- James E. Moliterno (14)
- Thomas L. Shaffer (12)
- Laurel S. Terry (7)
-
- Faculty Scholarship (6)
- Faculty Scholarly Works (5)
- Georgetown Law Faculty Publications and Other Works (4)
- R. Michael Cassidy (4)
- Dr. Richard Cordero Esq. (3)
- Robert Rodes (3)
- Articles (2)
- Articles, Book Chapters, & Popular Press (2)
- Cornell Law Faculty Publications (2)
- Jan L Jacobowitz (2)
- Leslie C. Levin (2)
- Melissa Mortazavi (2)
- Nantiya Ruan (2)
- Publications (2)
- Scholarly Works (2)
- UIC Law Open Access Faculty Scholarship (2)
- Articles in Law Reviews & Other Academic Journals (1)
- Chicago-Kent Law Review (1)
- David Barnhizer (1)
- David C Bell (1)
- Donald J. Kochan (1)
- Eric M Fink (1)
- Faculty Articles and Other Publications (1)
- Faculty Publications By Year (1)
- Faculty Works (1)
- Publication Type
- File Type
Articles 91 - 120 of 150
Full-Text Articles in Legal Profession
Ethical Challenges To Legal Education And Conduct, James E. Moliterno
Ethical Challenges To Legal Education And Conduct, James E. Moliterno
James E. Moliterno
No abstract provided.
Experience And Legal Ethics Teaching, James E. Moliterno
Experience And Legal Ethics Teaching, James E. Moliterno
James E. Moliterno
No abstract provided.
Lawyer Creeds And Moral Seismography, James E. Moliterno
Lawyer Creeds And Moral Seismography, James E. Moliterno
James E. Moliterno
No abstract provided.
An Analysis Of Ethics Teaching In Law Schools: Replacing Lost Benefits Of The Apprentice System In The Academic Atmosphere, James E. Moliterno
An Analysis Of Ethics Teaching In Law Schools: Replacing Lost Benefits Of The Apprentice System In The Academic Atmosphere, James E. Moliterno
James E. Moliterno
No abstract provided.
The Federal Government Lawyer's Duty To Breach Confidentiality, James E. Moliterno
The Federal Government Lawyer's Duty To Breach Confidentiality, James E. Moliterno
James E. Moliterno
The lawyer's duty of confidentiality springs from the lawyer-client relationship and its parameters are determined by the nature of that relationship. The federal government lawyer's client is like no other. The uniqueness of representing the United States calls for a unique approach to the duty of confidentiality. Unlike the private individual client, the government as a client does not speak with a single, unmistakable voice. Unlike the private entity client, the federal government has a paramount interest in the public good, including the public's right to know about government (the entity's conduct), especially its misconduct. The result is a client …
Modeling The American Lawyer Ethics System, James E. Moliterno
Modeling The American Lawyer Ethics System, James E. Moliterno
James E. Moliterno
None available.
The Lawyer As Catalyst Of Social Change, James E. Moliterno
The Lawyer As Catalyst Of Social Change, James E. Moliterno
James E. Moliterno
No abstract provided.
The Social Responsibility Of Corporate Law Professors, Lyman P.Q. Johnson
The Social Responsibility Of Corporate Law Professors, Lyman P.Q. Johnson
Lyman P. Q. Johnson
Most statements of corporate social responsibility focus on the responsibilities of corporate decision makers or their advisors Professor Johnson argues that corporate law professors-the persons who educate the students who will become lawyers counseling corporate decision makers-also have a social responsibility. He believes that professors should find various ways to raise the subject of corporate social responsibility in the basic corporations course, and he advocates rejecting a classroom approach that addresses only shareholder-manager relations After describing several possible ways to do this, Professor Johnson spotlights fiduciary laws as a fruitful area to enrich student understandings of director duties in a …
Mandatory Pro Bono: The Path To Equal Justice, John R. Desteiguer
Mandatory Pro Bono: The Path To Equal Justice, John R. Desteiguer
Pepperdine Law Review
No abstract provided.
Response To "One Year After Dondi: Time To Get Back To Litigating?", Thomas M. Reavley
Response To "One Year After Dondi: Time To Get Back To Litigating?", Thomas M. Reavley
Pepperdine Law Review
No abstract provided.
One Year After Dondi: Time To Get Back To Litigating?, William A. Brewer Iii, Francis B. Majorie
One Year After Dondi: Time To Get Back To Litigating?, William A. Brewer Iii, Francis B. Majorie
Pepperdine Law Review
No abstract provided.
Sanctions - Stepchild Or Natural Heir To Trial And Appellate Court Delay Reduction?, Fred Woods
Sanctions - Stepchild Or Natural Heir To Trial And Appellate Court Delay Reduction?, Fred Woods
Pepperdine Law Review
No abstract provided.
Rambo Litigators: Pitting Aggressive Tactics Against Legal Ethics, Thomas M. Reavley
Rambo Litigators: Pitting Aggressive Tactics Against Legal Ethics, Thomas M. Reavley
Pepperdine Law Review
No abstract provided.
Introduction, Ronald F. Phillips
Client Science: Advice For Lawyers On Initial Client Interviews, Marjorie Corman Aaron
Client Science: Advice For Lawyers On Initial Client Interviews, Marjorie Corman Aaron
Faculty Articles and Other Publications
My intent is to offer an informed, wise, practical, and concise guide for initial lawyer-client meetings – meetings that are mostly an interview process for the client and the lawyer. It is written for the Client Science Course website to supplement my book, Client Science: Advice for Lawyers on Counseling Clients Through Bad News and Other Legal Realities (Oxford University Press, 2012), referred to here as Client Science. That book was intentionally focused on particular challenges of client counseling
Lawyer Conflicts Of Interest And Sophisticated Clients, Kevin C. Mcmunigal
Lawyer Conflicts Of Interest And Sophisticated Clients, Kevin C. Mcmunigal
Utah OnLaw: The Utah Law Review Online Supplement
I like many things about Professor Milan Markovic’s article on which I have been invited to comment. He has chosen an interesting, important, and timely topic and provides a detailed and persuasive critique of the ability of sophisticated clients to understand and protect themselves from the dangers presented by attorney conflicts of interest. I found particularly interesting his examination of the psychological issues that surround a lawyer obtaining a client’s consent to a conflict of interest.
I devote this commentary, though, to two aspects of Professor Markovic’s article I find puzzling. The first is the modesty of the remedial measures …
Why Punctuation Matters: Part Three, David Spratt
Why Punctuation Matters: Part Three, David Spratt
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Professionalism And The New Normal, Philip J. Weiser
Professionalism And The New Normal, Philip J. Weiser
Publications
No abstract provided.
Jurisprudence, Interpretation, And Relevance: How Relevant Is Jurisprudence In Modern Practice?, David C. Bell
Jurisprudence, Interpretation, And Relevance: How Relevant Is Jurisprudence In Modern Practice?, David C. Bell
David C Bell
Jurisprudence and statutory interpretation are distained by law school students and in legal circles outside the academic realm, but both are an integral part of the legal process and as such should be included in all law school education in an effort to turn out practice ready lawyers. This paper will look at the different theories of statutory interpretation, breaking down how the individual theories go about interpretation. The different theories to be analyzed include hermeneutics, textualism, purposive interpretation, dynamic interpretation, liberal interpretation, legal process theory, moral theory, and active liberty. Then the paper will analyze parallels between the interpretation …
The Short History Of Arizona Legal Ethics, Keith Swisher
The Short History Of Arizona Legal Ethics, Keith Swisher
Keith Swisher
This Essay provides a history of Arizona legal ethics: its substance and procedure. A hundred years ago, legal ethics barely existed in Arizona. Fortunately, a century permits significant progress, as captured in this work. Following the lead of the ABA (among others), Arizona slowly but surely adopted a modernized system of ethical regulation. And today, Arizona shows increasing signs of autonomy in legal ethics. These signs can be seen in Arizona’s independent approach to lawyer screening, prosecutorial ethics, and inadvertent disclosure — to focus on just a few of many examples in this “short history.” In Part I of this …
Student, Esquire?: The Practice Of Law In The Collaborative Classroom, Nantiya Ruan
Student, Esquire?: The Practice Of Law In The Collaborative Classroom, Nantiya Ruan
Nantiya Ruan
Law faculty and non-profit lawyers are working together in a variety of partnerships to offer students exposure to “real life” clients in the first year of law school, as well as in advanced courses in substantive areas. Teachers engaged in client-centered advocacy through experiential frameworks have broken out of their isolated silos in the law school (e.g., legal writing, clinical, externship, and doctrinal) and begun to work together. To help students develop a sense of professional identity, cultivate professional values, and tap into key intrinsic motivations for lawyering, such as serving the public good, collaborative classrooms have an important role …
"Practice Ready" Law Graduates, David Barnhizer
"Practice Ready" Law Graduates, David Barnhizer
David Barnhizer
Whatever view one holds on the idea of “practice ready” law graduates in the abstract it seems clear that it does not and could not mean that a new graduate can be fully capable of providing high quality services across the board to clients unfortunate enough to be using the services of the neophyte lawyer. If that were the case I can hear a client’s conversation with the brand new lawyer in a complex corporate merger with numerous parties, millions of dollars at stake, estate and tax issues, patent rights and differing valuations for the deal. “How many of these …
Waiving Goodbye To A Fundamental Right: Allocation Of Authority Between Attorneys And Clients And The Right To A Public Trial, 38 J. Legal Prof. 1 (2013), Alberto Bernabe
Waiving Goodbye To A Fundamental Right: Allocation Of Authority Between Attorneys And Clients And The Right To A Public Trial, 38 J. Legal Prof. 1 (2013), Alberto Bernabe
UIC Law Open Access Faculty Scholarship
No abstract provided.
Survey Of Illinois Law: Waiver Of The Attorney-Client Privilege And Work Product Protection, 37 S. Ill. U. L.J. 825 (2013), Ralph Ruebner, Katarina Durcova
Survey Of Illinois Law: Waiver Of The Attorney-Client Privilege And Work Product Protection, 37 S. Ill. U. L.J. 825 (2013), Ralph Ruebner, Katarina Durcova
UIC Law Open Access Faculty Scholarship
Effective January 1, 2013, two new Illinois Supreme Court rules clarify and limit the waiver of the attorney-client privilege and work product protection rule. Illinois Rule of Evidence 502 ("IRE 502"), which spells out the limitations on waiver, is accompanied by a "clawback provision" in Illinois Supreme Court Rule 201(p) ("Rule 201(p)") that details the procedural steps a disclosing party should take to successfully assert the privilege following an inadvertent discovery disclosure. Additionally, these changes clarify the mandatory duty of the receiving party. IRE 502 was modeled on Federal Rule of Evidence 502 ("FRE 502") and Rule 201(p) was modeled …
Just Because You Can Doesn’T Mean You Should: Reconciling Attorney Conduct In The Context Of Defamation With The New Professionalism, Heather M. Kolinsky
Just Because You Can Doesn’T Mean You Should: Reconciling Attorney Conduct In The Context Of Defamation With The New Professionalism, Heather M. Kolinsky
Scholarly Articles
The Florida Bar has recently proposed enforceable professionalism standards. While many states have professionalism codes they remain aspirational and unenforceable. Florida’s move toward enforceable professionalism standards is laudable, but raises concerns about how moving a “step above” the floor of the rules of professional conduct will affect advocacy and practice.
This paper examines how a shift to enforceable professionalism standards may impact absolute immunity. The paper suggests that as other states consider similar standards or simply how to better policy professionalism, perhaps it is time to also consider how discipline is imposed with respect to defamatory statements that are otherwise …
Minding The Court: Enhancing The Decision-Making Process, Pamela Casey, Kevin Burke, Steve Leben
Minding The Court: Enhancing The Decision-Making Process, Pamela Casey, Kevin Burke, Steve Leben
Faculty Works
A compelling and growing body of research from the fields of cognitive psychology and neuroscience provides important insights about how we process information and make decisions. This research has great potential significance for judges, who spend much of their time making decisions of great importance to others. For most judges, this research literature is not part of their judicial education. This article reviews cutting edge research about decision making and discusses its implications for helping judges and those who work with them produce fair processes and just outcomes. It builds on a 2007 American Judges Association paper that encouraged judges …
Achieving Procedural Goals Through Indirection: The Use Of Ethics Doctrine To Justify Contingency Fee Caps In Mdl Aggregate Settlements, Morris A. Ratner
Achieving Procedural Goals Through Indirection: The Use Of Ethics Doctrine To Justify Contingency Fee Caps In Mdl Aggregate Settlements, Morris A. Ratner
Faculty Scholarship
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.
Trends In Global And Canadian Lawyer Education, Laurel S. Terry
Trends In Global And Canadian Lawyer Education, Laurel S. Terry
Faculty Scholarly Works
Globalization and technology have changed the practice of law in dramatic ways. This is true not only in the U.S. and Canada, but around the world. Global regulatory trends have begun to emerge as lawyer regulators have had to respond to new developments. In 2012, Australian regulators Steve Mark and Tahlia Gordon and the author, who is a U.S. academic, documented some of these global trends in lawyer regulation. See Laurel S. Terry, Steve Mark, & Tahlia Gordon, Trends and Challenges in Lawyer Regulation: The Impact of Globalization and Technology, 80 Fordham L. Rev. 2661 (2012), https://works.bepress.com/laurel_terry/95/. Their article concluded …
Transnational Legal Practice (International), Laurel S. Terry
Transnational Legal Practice (International), Laurel S. Terry
Faculty Scholarly Works
This article covers three years of Transnational Legal Practice developments outside of the US. (It is the companion piece to 47 Int'l Law. 499 (2013) which discusses US developments.) This article discusses the approval of an Alternative Business Structure licensing system by the UK Solicitors Regulation Authority and its subsequent issuance of ABS licenses. The second section reviews the emergence of the “Troika” as a new regulatory influence in Europe, citing as an example the joint ABA-CCBE letter to the IMF. (The Troika refers to the International Monetary Fund, the European Central Bank, and the European Commission.) The third section …