Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Legal Ethics and Professional Responsibility (118)
- Law and Society (35)
- Litigation (34)
- Legal Education (29)
- Courts (24)
-
- Jurisprudence (22)
- Legal History (19)
- Constitutional Law (17)
- Civil Rights and Discrimination (16)
- Judges (16)
- Public Law and Legal Theory (16)
- Law and Politics (14)
- Dispute Resolution and Arbitration (13)
- Business Organizations Law (12)
- Criminal Law (12)
- Human Rights Law (12)
- Law and Economics (12)
- Legal Writing and Research (12)
- Social and Behavioral Sciences (12)
- Criminal Procedure (11)
- First Amendment (10)
- Securities Law (10)
- Torts (10)
- Civil Law (9)
- Conflict of Laws (9)
- International Law (9)
- Law and Psychology (9)
- Legislation (9)
- Institution
-
- Selected Works (27)
- BLR (26)
- SelectedWorks (26)
- Penn State Dickinson Law (11)
- American University Washington College of Law (6)
-
- Pace University (6)
- University of Pennsylvania Carey Law School (4)
- University of San Diego (4)
- Cleveland State University (3)
- Arizona Summit Law School (2)
- Maurer School of Law: Indiana University (2)
- Lincoln Memorial University - Duncan School of Law (1)
- New York Law School (1)
- Nova Southeastern University (1)
- Pepperdine University (1)
- School of Education and Human Development at the University of Colorado Denver (1)
- University of Cincinnati College of Law (1)
- Publication Year
- Publication
-
- ExpressO (26)
- Paul R. Tremblay (14)
- Faculty Scholarly Works (11)
- Articles in Law Reviews & Other Academic Journals (6)
- Elisabeth Haub School of Law Faculty Publications (6)
-
- All Faculty Scholarship (4)
- University of San Diego Public Law and Legal Theory Research Paper Series (4)
- David Barnhizer (3)
- Dr. Richard Cordero Esq. (3)
- Keith Swisher (3)
- Daniel R. Coquillette (2)
- Indiana Law Journal (2)
- Susan Daicoff (2)
- Articles & Chapters (1)
- Barry Kozak (1)
- Cathren Page (1)
- Debra Moss Curtis (1)
- Dru Stevenson (1)
- Ellis Washington (1)
- Faculty Articles and Other Publications (1)
- Hillary A Henderson (1)
- Jaimie K. McFarlin (1)
- James E. Moliterno (1)
- Jan L Jacobowitz (1)
- Jeffrey A. Van Detta (1)
- Jennifer M. Pacella, Esq. (1)
- John M. Bickers (1)
- Justin Hansford (1)
- Louise G Trubek (1)
- Margaret C Tarkington (1)
- Publication Type
- File Type
Articles 91 - 120 of 123
Full-Text Articles in Legal Profession
Gentleman's Agreement: The Antisemitic Origins Of Restrictions On Stockholder Litigation, Lawrence E. Mitchell
Gentleman's Agreement: The Antisemitic Origins Of Restrictions On Stockholder Litigation, Lawrence E. Mitchell
ExpressO
A deeply ingrained, seemingly ineradicable, hostility to plaintiffs’ lawyers and especially to plaintiffs’ lawyers in stockholder suits seems to have existed for most of the past century. This hostility is manifest not only in the tone of judicial opinions but in law review articles, the popular press, and, often, in legislation. This article analyzes the circumstances under which the first security-for-expense statute was adopted in New York in 1944, including the contemporaneous justification for the statute, focusing on the demographics of the New York bar at the time and the ethnic sociology of New York. In so doing, it concludes …
Are You Experienced?: Examining The Need For Specialized Ethics Rules In Patent Litigation, Benjamin J. Sodey
Are You Experienced?: Examining The Need For Specialized Ethics Rules In Patent Litigation, Benjamin J. Sodey
ExpressO
Any attorney licensed to practice before a federal district court, regardless or his or her area of specialization, may file a patent infringement suit on behalf of a client in that court. The possibility exists, therefore, for an attorney having little or no intellectual property experience to represent clients in complex patent litigation matters. Due to this, infringement defendants and their counsel may find themselves on the receiving end of a dubious patent claim brought by attorneys lacking patent law experience. This article discusses whether the existing rules governing attorney conduct, such as professional responsibility, procedural, or statutory rules, are …
Making A List And Checking It Twice: Must Tax Attorneys Divulge Who's Naughty And Nice?, Richard Lavoie
Making A List And Checking It Twice: Must Tax Attorneys Divulge Who's Naughty And Nice?, Richard Lavoie
ExpressO
This article analyzes the ability of tax attorneys to shield a client’s identity from disclosure to the Internal Revenue Service under the attorney-client privilege. The article concludes that, on policy grounds, the attorney-client privilege should be limited in the context of tax planning. Consequently, client identity should not be privileged irrespective of whether a tax shelter is involved. The article also concludes that the privilege would not be available under the current judicial approach to client identity questions. As a result, recent regulations requiring tax attorneys to maintain lists of clients engaging in specified tax motivated transactions represent an appropriate …
Using Our Brains: What Cognitive Science Teaches About Teaching Law Students To Be Ethical, Professionally Responsible Lawyers, Alan M. Lerner
Using Our Brains: What Cognitive Science Teaches About Teaching Law Students To Be Ethical, Professionally Responsible Lawyers, Alan M. Lerner
ExpressO
Throughout our lives, below the level of our consciousness, each of us develops powerful values, intuitions, expectations, and needs that powerfully affect both our perceptions and our judgments. Placed in situations in which we feel threatened, or which implicate our values, our brains, relying on those implicitly learned, emotionally weighted, memories, can "downshift," to primitive, self-protective problem solving techniques - fight or flight. Because these processes operate below the radar of our consciousness, we react without reflection or the opportunity for interdiction. Thus, it may be that automatic, “emotional” reaction, rather than thoughtful, reasoned analysis leads to our responses to …
Zeal By All Means, But Only Within The Rules, Paul R. Tremblay, J. Charles Mokriski
Zeal By All Means, But Only Within The Rules, Paul R. Tremblay, J. Charles Mokriski
Paul R. Tremblay
No abstract provided.
Commentary: The Lawyer Is In: Why Some Doctors Are Prescribing Legal Remedies For Their Patients, And How The Legal Profession Can Support This Effort, Paul R. Tremblay, Pamela Tames, Thuy Wagner, Ellen Lawton
Commentary: The Lawyer Is In: Why Some Doctors Are Prescribing Legal Remedies For Their Patients, And How The Legal Profession Can Support This Effort, Paul R. Tremblay, Pamela Tames, Thuy Wagner, Ellen Lawton
Paul R. Tremblay
No abstract provided.
Symposium: Client Counseling And Moral Responsibility, Paul R. Tremblay, Robert F. Cochran Jr., Deborah L. Rhode, Thomas L. Shafer
Symposium: Client Counseling And Moral Responsibility, Paul R. Tremblay, Robert F. Cochran Jr., Deborah L. Rhode, Thomas L. Shafer
Paul R. Tremblay
No abstract provided.
The No-Contact Rule In Massachusetts Post Messing, Paul R. Tremblay
The No-Contact Rule In Massachusetts Post Messing, Paul R. Tremblay
Paul R. Tremblay
No abstract provided.
Law And Justice In The Twenty-First Century, Geoffrey C. Hazard Jr.
Law And Justice In The Twenty-First Century, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
Moral Activism Manqué, Paul R. Tremblay
Moral Activism Manqué, Paul R. Tremblay
Paul R. Tremblay
Symposium: The Ethics of Litigation
Researching Ethical Issues, Paul R. Tremblay
Researching Ethical Issues, Paul R. Tremblay
Paul R. Tremblay
2002 Supplement to vol. 2
Shared Norms, Bad Lawyers, And The Virtues Of Casuistry, Paul R. Tremblay
Shared Norms, Bad Lawyers, And The Virtues Of Casuistry, Paul R. Tremblay
Paul R. Tremblay
No abstract provided.
A Cause Worth Quitting For? The Conflict Between Professional Ethics And Individual Rights In Discriminatory Treatment Of Corporate Counsel, Rachel S. Arnow Richman
A Cause Worth Quitting For? The Conflict Between Professional Ethics And Individual Rights In Discriminatory Treatment Of Corporate Counsel, Rachel S. Arnow Richman
Indiana Law Journal
No abstract provided.
Changing Structure In The Practice Of Law, Geoffrey C. Hazard Jr.
Changing Structure In The Practice Of Law, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
An Introduction To The Paris Forum On Transnational Practice For The Legal Profession, Laurel Terry
An Introduction To The Paris Forum On Transnational Practice For The Legal Profession, Laurel Terry
Faculty Scholarly Works
This article focuses on the 1998 Paris Forum on Transnational Practice for the Legal Profession and introduces the papers contained in the Paris Forum Symposium. The Paris Forum was the first meeting of lawyers from around the world devoted solely to the topic of transnational legal practice. Before the Paris Forum, some bar organizations had set aside time during their meetings to discuss the transnational practice of law and issues related to transnational legal services also had been included as topics in general conferences. The multi-day Paris Forum, however, was the first multi-day conference devoted to this topic. This paper …
Lawyers, Accountants, And The Battle To Own Professional Services, Gary A. Munneke
Lawyers, Accountants, And The Battle To Own Professional Services, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
Competition between lawyers and accountants is not a new concept. At various times during the past century, these two professions have clashed over the scope and definition of their respective services. Lawyers traditionally have relied upon a professional monopoly to provide “legal” services as a device to exclude nonlawyers from the practice of law. Supported by statutes in many jurisdictions making the unauthorized practice of law a criminal offense and ethics rules prohibiting lawyers from assisting in the unauthorized practice of law, lawyers have always been able to identify some inner sanctum of professional services that only they could handle. …
A Nightmare On Main Street (Part Mxl): Freddie Joins An Accounting Firm, Gary A. Munneke
A Nightmare On Main Street (Part Mxl): Freddie Joins An Accounting Firm, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
The subject of multidisciplinary practice (“MDP”) has intrigued me for well over a decade. The topic has led me into new areas of research, and sometimes into the cross hairs of colleagues in the legal profession. My views have not always represented the mainstream of thinking among lawyers, and that is reflected in the title of my talk today: “A Nightmare on Main Street (Part MXL): Freddie Joins an Accounting Firm.”
Lawyers' Duty To Do Justice: A New Look At The History Of The 1908 Canons, Susan Carle
Lawyers' Duty To Do Justice: A New Look At The History Of The 1908 Canons, Susan Carle
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The New Casuistry, Paul R. Tremblay
The Standard Of Care In Legal Malpractice: Do The Model Rules Of Professional Conduct Define It?, Gary A. Munneke
The Standard Of Care In Legal Malpractice: Do The Model Rules Of Professional Conduct Define It?, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
This Article will review existing case law and commentary, and propose a new formula for application of rules of professional conduct in determining the standard of care to which attorneys should be held in malpractice cases. The authors will argue in favor of establishing a position that state rules of professional conduct create certain specific standards of lawyer behavior that constitute a minimum standard of conduct and a minimum standard of care for every individual attorney practicing in each jurisdiction.
Coherence And Incoherence In Values-Talk, Paul R. Tremblay
Coherence And Incoherence In Values-Talk, Paul R. Tremblay
Paul R. Tremblay
No abstract provided.
From "Moral Stupidity" To Professional Responsibility, Thomas D. Eisele
From "Moral Stupidity" To Professional Responsibility, Thomas D. Eisele
Faculty Articles and Other Publications
Within the context-even, the challenge-presented by the first chapter of Seymour Wishman's book, Confessions of a Criminal Lawyer, we symposiasts have been invited to say something about the teaching of courses which in law school go under the titles, "Legal Ethics," "Professional Ethics," or "Professional Responsibility." This last is the
title of a two-credit course that I teach, in what I take to be a fairly traditional form, over the span of a semester at the University of Cincinnati. In this essay, I want to talk about the teaching of such a course; not about how I manage to teach …
(Oxymoron?) Ethical Decision-Making By Attorneys: An Empirical Study, Susan Daicoff
(Oxymoron?) Ethical Decision-Making By Attorneys: An Empirical Study, Susan Daicoff
Susan Daicoff
No abstract provided.
Practiced Moral Activism, Paul R. Tremblay
The Role Of Casuistry In Legal Ethics: A Tentative Inquiry, Paul R. Tremblay
The Role Of Casuistry In Legal Ethics: A Tentative Inquiry, Paul R. Tremblay
Paul R. Tremblay
The following essay is a work-in-progress. Professor Tremblay offers his unfinished ideas in this essay in an effort to invite reactions, criticisms, or research suggestions, all of which would aid him in refining his analysis of the subject. By presenting such works-in-progress, the Clinical Law Review seeks to provide a forum for sharing ideas and sparking debate.
An Introduction To The European Community's Legal Ethics Code - Part Ii: Applying The Ccbe Code Of Conduct, Laurel Terry
An Introduction To The European Community's Legal Ethics Code - Part Ii: Applying The Ccbe Code Of Conduct, Laurel Terry
Faculty Scholarly Works
This article, which is Part 2 in a series, examines the CCBE Code of Conduct and continues where the prior article left off. See An Introduction to the European Community's Legal Ethics Code Part I: An Analysis of the CCBE Code of Conduct, 7 Georgetown J. of Legal Ethics 1 (1993). "CCBE" is the acronym used to describe the Council of the Bars and Law Societies of the European Community; the CCBE has been recognized as the official representative of the legal profession with the European Community. In 1988, the CCBE adopted a code of conduct that was intended to …
An Introduction To The European Community's Legal Ethics Code - Part I: An Analysis Of The Ccbe Code Of Conduct, Laurel Terry
An Introduction To The European Community's Legal Ethics Code - Part I: An Analysis Of The Ccbe Code Of Conduct, Laurel Terry
Faculty Scholarly Works
This article, which is Part 1 of two articles, examines the CCBE Code of Conduct. CCBE is the acronym used to describe the Council of the Bars and Law Societies of the European Community; the CCBE has been recognized as the official representative of the legal profession with the European Community. In 1988, the CCBE adopted a code of conduct that was intended to apply to situations in which lawyers from one CCBE Member of Observer State were involved with lawyers from another CCBE State. This article summarizes the development of the CCBE Code of Conduct, explains who it applies …
Ratting, Paul R. Tremblay
Law And Conformity, Ethics And Conflict: The Trouble With Law-Based Conceptions Of Ethics, Steven R. Salbu
Law And Conformity, Ethics And Conflict: The Trouble With Law-Based Conceptions Of Ethics, Steven R. Salbu
Indiana Law Journal
No abstract provided.
State Ethical Codes And Federal Practice: Emerging Conflicts And Suggestions For Reform, Stephen B. Burbank
State Ethical Codes And Federal Practice: Emerging Conflicts And Suggestions For Reform, Stephen B. Burbank
All Faculty Scholarship
The standards for resolving putative conflicts between federal laws are not always clear, and neither for that matter is the standard for determining what constitutes a federal law capable of superseding effect. The technique of setting federal norms of professional conduct on a decentralized basis by borrowing or incorporating state norms is increasingly troublesome to the extent that the borrowed state norms are disuniform and that they are being put to multiple remedial purposes. Federal legislation preempting state law of professional conduct is conceivable but hardly likely, particularly as the norms are pressed into duty for purposes other than professional …