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Ethics and Professional Responsibility Commons

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Who Gets The Jewels When A Law Firm Dissolves? The Unfinished Business Doctrine And Hourly Matters, Peter W. Rogers 2015 Northwestern University School of Law

Who Gets The Jewels When A Law Firm Dissolves? The Unfinished Business Doctrine And Hourly Matters, Peter W. Rogers

Northwestern University Law Review

No abstract provided.


Believe It Or Not: Mitigating The Negative Effects Personal Belief And Bias Have On The Criminal Justice System, Sarah A. Mourer 2015 University of Miami

Believe It Or Not: Mitigating The Negative Effects Personal Belief And Bias Have On The Criminal Justice System, Sarah A. Mourer

Sarah Mourer

This article examines the prosecutor’s and defense attorney’s personal pre-trial beliefs regarding the accused’s guilt or innocence. This analysis suggests that when an attorney does hold pretrial beliefs, such beliefs lead to avoidable bias and errors. These biases may alter the findings throughout all stages of the case. The procedure asking that the prosecution seek justice while having nothing more than probable cause results in the prosecutor’s need to have a belief in guilt before proceeding to trial. While this belief is intended to foster integrity and fairness in the criminal justice system, to the contrary ...


The Corporate Conspiracy Vacuum (Formerly "Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing"), Josephine Sandler Nelson 2015 Harvard Law School Affiliates

The Corporate Conspiracy Vacuum (Formerly "Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing"), Josephine Sandler Nelson

J.S. Nelson

The intracorporate conspiracy doctrine immunizes an enterprise and its agents from conspiracy prosecution based on the legal fiction that an enterprise and its agents are a single actor incapable of the meeting of two minds to form a conspiracy. The doctrine, however, misplaces incentives in contravention of agency law, criminal law, tort law, and public policy. As a result of this absence of accountability, harmful behavior is ordered and performed without consequences, and the victims of the behavior suffer without appropriate remedy.

The vacuum at the center of American conspiracy law has now warped the doctrines around it. Especially in ...


Lawyer, Form Thyself: Professional Identity Formation Strategies In Legal Education, Professional Responsibility, And Experiential Courses, Susan S. Daicoff 2014 Arizona Summit Law School

Lawyer, Form Thyself: Professional Identity Formation Strategies In Legal Education, Professional Responsibility, And Experiential Courses, Susan S. Daicoff

Susan Daicoff

Professional identity formation as a learning objective in law school may appear to be nontraditional and perhaps even innovative. While perhaps not a new concept, it is not typically an explicit goal of legal education. Empirical data finds that law school has demonstrable effects upon law students’ professional development; it also finds that certain nontraditional skills and competencies (or “soft skills”) make lawyers most effective. This article argues for explicit planning for and inclusion of professional identity development, including training in these nontraditional skills, in legal education. Professional identity encompasses one’s values, preferences, passions, intrinsic satisfactions, emotional intelligence, as ...


Apellate Division, Third Department, People V. Kelley, Elyssa Lane 2014 Touro College Jacob D. Fuchsberg Law Center

Apellate Division, Third Department, People V. Kelley, Elyssa Lane

Touro Law Review

No abstract provided.


Discrimination Cases Of The 2002 Term, Eileen Kaufman 2014 Touro Law Center

Discrimination Cases Of The 2002 Term, Eileen Kaufman

Touro Law Review

No abstract provided.


The Aba Model Code Revisions And Judicial Campaign Speech: Constitutional And Practical Implications, Howland W. Abramson, Gary Lee 2014 Touro College Jacob D. Fuchsberg Law Center

The Aba Model Code Revisions And Judicial Campaign Speech: Constitutional And Practical Implications, Howland W. Abramson, Gary Lee

Touro Law Review

No abstract provided.


Popular Culture's Portrayal Of Attorney Decision-Making And It's Consequences- An Analysis Of An Attorney's Internal Ethical Conflict In Film, Tara M. Parente 2014 Barry University

Popular Culture's Portrayal Of Attorney Decision-Making And It's Consequences- An Analysis Of An Attorney's Internal Ethical Conflict In Film, Tara M. Parente

Tara M. Parente

This paper explores how popular culture portrays attorney decision-making and its consequences. This paper compares and contrasts two films in order to exemplify how attorneys are portrayed throughout film and how this carries over into real life. Attorneys are faced with ethical dilemmas at all times, especially throughout career advancement and the decisions made tend to affect every aspect of an attorney's life.


The Public Administrative Law Context Of Ethics Requirements For West German And American Public Officials: A Comparative Analysis, Mark Davies 2014 Fordham University School of Law

The Public Administrative Law Context Of Ethics Requirements For West German And American Public Officials: A Comparative Analysis, Mark Davies

Georgia Journal of International & Comparative Law

No abstract provided.


Fostering A Respect For Our Students, Our Specialty, And The Legal Profession: Introducing Ethics And Professionalism Into The Legal Writing Curriculum, Melissa H. Weresh 2014 Drake University Law School

Fostering A Respect For Our Students, Our Specialty, And The Legal Profession: Introducing Ethics And Professionalism Into The Legal Writing Curriculum, Melissa H. Weresh

Touro Law Review

No abstract provided.


Meaningful Involvement In Collections: Should Ethics Or The Fdcpa Govern?, Jeffrey S. Peters 2014 Pace University School of Law

Meaningful Involvement In Collections: Should Ethics Or The Fdcpa Govern?, Jeffrey S. Peters

Pace Law Review

This Note will explain and analyze the Fair Debt Collection Practices Act (FDCPA) and its case law. It will also discuss the interplay between the FDCPA case law and its ethical overtones. To understand the basis of this issue, Part II of this Note will begin by briefly developing the history and background of the FDCPA and discuss specific sections of the law designed to protect debtors from abusive debt collection practices. Notably, these sections relate to the prevention of improper practices for misleading debtors, and are the focus of the lawsuits that this Note will discuss. Accordingly, Part III ...


Judicial Review And Judicial Supremacy, Jeremy Waldron 2014 NYU Law School

Judicial Review And Judicial Supremacy, Jeremy Waldron

New York University Public Law and Legal Theory Working Papers

This paper attempts to identify a particular constitutional evil -- namely, judicial supremacy -- and to distinguish the objection to judicial supremacy from the broader case that can be made against judicial review. Even if one supports judicial review, one ought to have misgivings about the prospect of judicial supremacy. The paper associates judicial supremacy with three distinct tendencies in constitutional politics: (1) the temptation of courts to develop and pursue a general program (of policy and principle of their own) rather than just to intervene on a piecemeal basis; (2) the tendency of the highest court to become not only supreme ...


What Do The Philosophers Have Against Dignity?, Jeremy Waldron 2014 NYU Law School

What Do The Philosophers Have Against Dignity?, Jeremy Waldron

New York University Public Law and Legal Theory Working Papers

Among analytic philosophers, there is considerable antipathy towards the concept of human dignity. It is not always expressed, but the impression is conveyed that this is a rather disreputable idea and that its trumpeting in legal and political theory is to be deplored. The present paper tries to get to grips with the sources of this antipathy. Is it based on the unclarity of the concept, its religious overtones, its speciesism, or its redundancy as a moral idea. The paper makes a case for dignity as a status-concept -- denoting a particular sort of moral/legal status that all humans have.


Bringing Guns To A Gun Fight: Why The Adversarial System Is Best Served By A Policy Compelling Attorneys To Ethically Mine For Metadata, Justin Fong 2014 Washington University School of Law

Bringing Guns To A Gun Fight: Why The Adversarial System Is Best Served By A Policy Compelling Attorneys To Ethically Mine For Metadata, Justin Fong

Washington University Jurisprudence Review

No abstract provided.


A Different Kind Of Justice: Review 2, Claudia Taranto 2014 Australian Broadcasting Corporation

A Different Kind Of Justice: Review 2, Claudia Taranto

RadioDoc Review

A Different Kind of Justice tells the story of two people who met across a table in a restorative justice (RJ) conference, facilitated by Karl James, an RJ professional. Margaret’s home is robbed; Ian, a burglar and heroin addict, took a few small items, including a laptop with all her family photos. Margaret reveals that her daughter Jessica died in a car accident a few months after the burglary and the missing photos now mean so much more to the family.

The program is essentially interviews with the two characters, intercut, as they each tell their version of their ...


A Different Kind Of Justice: Review 1, Cassandra Sharp Dr 2014 University of Wollongong, Australia

A Different Kind Of Justice: Review 1, Cassandra Sharp Dr

RadioDoc Review

Despite the accepted success of many restorative justice programs with youth and Indigenous offenders, debate still proliferates about the utility of adult restorative justice programs within the criminal justice system. Many important questions are raised about the efficacy and impact of such programs including: ‘What can restorative justice offer adult offenders and victims of crime? What are some of the challenges of using restorative justice in this context? And what can we learn from emerging developments in practice?’ (Bolitho et al, 2012). As will be discussed in this review, Russell Finch’s BBC Radio 4 production of A Different Kind ...


Supreme Court, Kings County, People V. Chapman, Kerri Grzymala 2014 Touro College Jacob D. Fuchsberg Law Center

Supreme Court, Kings County, People V. Chapman, Kerri Grzymala

Touro Law Review

No abstract provided.


Appellate Division, First Department, People V. Ramirez, Nicole Compas 2014 Touro College Jacob D. Fuchsberg Law Center

Appellate Division, First Department, People V. Ramirez, Nicole Compas

Touro Law Review

No abstract provided.


Religious Freedom & Closely Held Corporations: The Hobby Lobby Case & Its Ethical Implications, Corey A. Ciocchetti 2014 University of Denver

Religious Freedom & Closely Held Corporations: The Hobby Lobby Case & Its Ethical Implications, Corey A. Ciocchetti

Corey A Ciocchetti

Hobby Lobby and its quest for religious freedom captured the attention of a nation for a few moments in late June 2014. The country homed in on the Supreme Court as the justices weighed the rights of an incorporated, profit-making entity run by devout individuals that objected to particular entitlements granted to women under the Affordable Care Act. The case raised important legal issues such as whether the law allows for-profit corporations to exercise religion (yes!) and whether protection for religious freedom trumps the rights of third parties to cost free preventive care (sort of!). The Supreme Court’s decision ...


The Challenge Of Seeing Justice Done In Removal Proceedings, Jason A. Cade 2014 University of Georgia School of Law

The Challenge Of Seeing Justice Done In Removal Proceedings, Jason A. Cade

Scholarly Works

Prosecutorial discretion is a critical part of the administration of immigration law. This Article considers the work and responsibilities of the Immigration and Customs Enforcement (ICE) trial attorneys, who thus far have not attracted significant scholarly attention, despite playing a large role in the ground-level implementation of immigration law and policy. The Article makes three main contributions. First, I consider whether ICE attorneys have a duty to help ensure that the removal system achieves justice, rather than indiscriminately seek removal in every case and by any means necessary. As I demonstrate, trial attorneys have concrete obligations derived from statutory provisions ...


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