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Ethics and Professional Responsibility Commons

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Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing, Josephine Sandler Nelson 2015 SelectedWorks

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, harmful behavior is ordered and performed without consequences, and the victims of the behavior suffer without appropriate remedy.

Especially in the wake of the financial crisis, prosecutors and the public are searching for new tools to combat corporate conspiracy. The most ...


The Monopoly Myth And Other Tales About The Superiority Of Lawyers, Leslie C. Levin 2014 SelectedWorks

The Monopoly Myth And Other Tales About The Superiority Of Lawyers, Leslie C. Levin

Leslie C. Levin

The legal profession’s control of much of the market for legal services is justified by the claim that only licensed lawyers can effectively and ethically represent clients. This article challenges that claim. A review of a number of studies suggests that experienced nonlawyers can provide competent legal services in certain contexts and in some cases, can seemingly do so as effectively as lawyers. There is also little evidence that lawyers’ legal training, the bar admission requirements, or lawyers’ psychological characteristics make them more trustworthy than nonlawyer legal services providers. The article considers some recent initiatives, such as Washington’s ...


A Mother Goose Guide To Legal Writing, Jessica Ronay 2014 SelectedWorks

A Mother Goose Guide To Legal Writing, Jessica Ronay

Jessica Ronay

An original substantive poem with footnotes and explanatory paragraphs that provides examples and explanations of legal writing rules, illustrates the nuances of legal writing, and untangles the challenging legal writing concepts for students, professors, scholars, and practitioners.


Gideon And The Effective Assistance Of Counsel: The Rhetoric And The Reality, David Rudovsky 2014 University of Pennsylvania Law School

Gideon And The Effective Assistance Of Counsel: The Rhetoric And The Reality, David Rudovsky

Faculty Scholarship

There is general agreement that the “promise” of Gideon has been systematically denied to large numbers of criminal defendants. In some cases, no counsel is provided; in many others, excessive caseloads and lack of resources prevent appointed counsel from providing effective assistance. Public defenders are forced to violate their ethical obligations by excessive case assignments that make it impossible for them to practice law in accordance with professional standards, to say nothing of Sixth Amendment commands. This worsening situation is caused by the failure of governmental bodies to properly fund indigent defense services and by the refusal of courts to ...


Taming The "Feral Beast": Cautionary Lessons From British Press Reform, Lili Levi 2014 University of Miami

Taming The "Feral Beast": Cautionary Lessons From British Press Reform, Lili Levi

Lili Levi

Abstract: As technology undermines the economic model supporting traditional newspapers, power shifts from the watchdog press to those it watches. Worldwide calls for increased press “responsibility” are one result. Pending British press reform provides a troubling example with far-ranging implications for freedom of the press. Under the guise of modest press self-regulation, the U.K. is currently poised to upend 300 years of press freedom via the recently-approved Royal Charter for Self-Regulation of the Press. The Royal Charter was adopted in response to the moral panic engendered by Britain’s tabloid phone-hacking scandal. An example of 20th Century regulation ...


New Technology And The Practice Of Law: Gear For Your Office And The Road, Maureen Cahill, Jason Tubinis 2014 University of Georgia School of Law

New Technology And The Practice Of Law: Gear For Your Office And The Road, Maureen Cahill, Jason Tubinis

Continuing Legal Education Presentations

Provides guidance to legal professionals about ways that technology can make their practices more efficient, secure, and mobile. Includes discussion of hardware gadgets, helpful websites, and tips for comparing legal databases., as well as ethics considerations of electronic files.


The Ethics Of Effective Advocacy For Children In Abuse And Neglect Proceedings, Suparna Malempati 2014 SelectedWorks

The Ethics Of Effective Advocacy For Children In Abuse And Neglect Proceedings, Suparna Malempati

Suparna Malempati

This article addresses ethical dilemmas lawyers face when representing children in abuse and neglect proceedings in juvenile court. Children in such cases need traditional advocacy in order to protect their legal rights and effectuate just outcomes. Lawyers who represent children have an ethical obligation to perform this function as advocates for their clients and not merely as guardians ad litem who make paternalistic recommendations about the best interests of children. The requirement that lawyers disregard their role as advocates for the role of guardians ad litem circumvents the ethical rules that govern lawyers and fails to adequately and effectively safeguard ...


Bargaining In The Shadow Of Big Data, Dru Stevenson, Nicholas J. Wagoner 2014 SelectedWorks

Bargaining In The Shadow Of Big Data, Dru Stevenson, Nicholas J. Wagoner

Dru Stevenson

Attorney bargaining has traditionally taken place in the shadow of trial, as litigants alter their pretrial behavior—including their willingness to negotiate a settlement—based on their forecast of the outcome at trial and associated costs. Lawyers bargaining in the shadow of trial have traditionally relied on their knowledge of precedent, intuition, and previous interactions with the presiding judge and opposing counsel to forecast trial outcomes and litigation costs. Today, however, technology for leveraging legal data is moving the practice of law into the shadow of the trends and patterns observable in aggregated litigation data. In this Article, we describe ...


The Ethical-Religious Framework For Shalom, Michael E. Cafferky 2014 Southern Adventist Univeristy

The Ethical-Religious Framework For Shalom, Michael E. Cafferky

Faculty Works

This paper explores the ancient Hebrew Decalogue, the Ten Commandments, a traditional ethical-religious framework for business conduct, in terms of its contribution to well-being. Some elements of the Decalogue align with what contemporary scholars believe are generally-accepted moral principles expected of businesses. This paper addresses the question of how all the elements of the Decalogue contribute to the Hebrew concept of Shalom. The purpose of the Decalogue is established in the context of a covenant community of believers. Each of the Ten Commandments is evaluated in terms of its contribution to Shalom.


Two Figures In The Picture: How An Old Legal Practice Might Solve The Puzzle Of Lost Punitive Damages In Legal Malpractice, John M. Bickers 2014 SelectedWorks

Two Figures In The Picture: How An Old Legal Practice Might Solve The Puzzle Of Lost Punitive Damages In Legal Malpractice, John M. Bickers

John M. Bickers

When lawyers err, clients must pay the price. If a lawyer’s action, or inaction, prevents a client from succeeding in a lawsuit, the lawyer must pay the amount necessary to make the client whole. But what does it mean to make the client whole? A puzzle appears when a finder of fact in a legal malpractice case determines that punitive damages in the original lawsuit were appropriate. Punitive damages are not meant to restore the client to her original position. By definition, they are meant to punish the original defendant for the egregiousness of his conduct. The plaintiff receives ...


Implementing The Policy Of The U.N. Declaration On The Rights Of Indigenous Peoples, Roxanne T. Ornelas 2014 Western University

Implementing The Policy Of The U.N. Declaration On The Rights Of Indigenous Peoples, Roxanne T. Ornelas

The International Indigenous Policy Journal

On September 13, 2007, the United Nations General Assembly voted to adopt the Declaration on the Rights of Indigenous Peoples (UNDRIP). This was an historic event as work on UNDRIP had been ongoing for 30 years before its passage. Today, UNDRIP provides a framework for addressing human rights protections for Indigenous peoples globally. This article examines the significance of UNDRIP as a public policy tool for developing national policy to support future resource and land management consultations that are based on free, prior, and informed consent.


Do Not Screw This Up (Why You're Likely Committing Malpractice Already), Juan Villar 2014 SelectedWorks

Do Not Screw This Up (Why You're Likely Committing Malpractice Already), Juan Villar

Juan Villar

If you've been filing patent applications on or after March 16, 2013 (the date AIA "first-to-invent" went into effect) that claim priority of an application filed BEFORE that date, there is a better than even chance you need to double check and ensure your malpractice coverage is in force.


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 2014 SelectedWorks

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 ...


Client Trust Account Fraud: Analyzing State, Federal, And International Rules And Regulations While Developing Effective Solutions For Prevention, Daniel H. Smith 2014 SelectedWorks

Client Trust Account Fraud: Analyzing State, Federal, And International Rules And Regulations While Developing Effective Solutions For Prevention, Daniel H. Smith

Daniel H Smith

CLIENT TRUST ACCOUNT FRAUD: ANALYZING STATE, FEDERAL, AND INTERNATIONAL RULES AND REGULATIONS WHILE DEVELOPING EFFECTIVE SOLUTIONS FOR PREVENTION

Daniel Hooper Smith

Abstract

Client Trust Account Fraud: Analyzing State, Federal, and International Rules and Regulations While Developing Effective Solutions for Prevention examines client trust accounts and fiduciary duties associated with them and categorizes three types of client trust account fraud (“CTA fraud”). In addition, this Article compares four states’ client trust account rules and regulations and discusses how fraudsters attempt to circumvent the law in each jurisdiction. This Article then analyzes state, federal, and international agency regulation with respect to client ...


Taking Back The Legal Profession, Lee T. Nutini 2014 SelectedWorks

Taking Back The Legal Profession, Lee T. Nutini

Lee T Nutini

A reaction piece addressing the current economic and market crisis related to failing law school education and the lawyer bubble.


The Good Fight: The Egocentric Bias, The Aversion To Cognitive Dissonance, And The American Criminal Law, Daniel S. Medwed 2014 Northeastern University

The Good Fight: The Egocentric Bias, The Aversion To Cognitive Dissonance, And The American Criminal Law, Daniel S. Medwed

School of Law Faculty Publications

The phrase “cognitive bias” often has negative connotations. It is something to be overcome, thwarted, or, at best, circumvented. In this essay, I suggest that two interrelated cognitive biases—the egocentric bias and the aversion to cognitive dissonance—might instead serve as potential assets for a criminal law practitioner in persuading her constituencies.


No Power To Be Disloyal (Or, How Not To Write A Loyalty Opinion) , Val Ricks 2014 Pepperdine University

No Power To Be Disloyal (Or, How Not To Write A Loyalty Opinion) , Val Ricks

The Journal of Business, Entrepreneurship & the Law

It is the thesis of this paper that no privilege to act disloyally exists: that a power to act never trumps the duty of loyalty. My method is to discuss three cases in which the privilege or power to act appears to receive judicial support. The paper shows why this strategy does not work. Such assertions have no support in logic (and usually not in law), provide a slippery slope at the bottom of which the duty of loyalty ceases to exist, often result in a decision being internally inconsistent, and fail to stand the test of time. I will ...


The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson 2014 SelectedWorks

The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson

Hillary A Henderson

Copyright law rewards an artificial monopoly to individual authors for their creations. This reward is based on the belief that, by granting authors the exclusive right to reproduce their works, they receive an incentive and means to create, which in turn advances the welfare of the general public by “promoting the progress of science and useful arts.”

Copyright protection subsists . . . in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device . . . . In no ...


Self-Interest And Sinecure: Why Law School Can’T Be “Fixed” From Within, David Barnhizer 2014 Cleveland State University

Self-Interest And Sinecure: Why Law School Can’T Be “Fixed” From Within, David Barnhizer

David Barnhizer

The issue of how best to do a legal education is being approached as if it were an intellectual and pedagogical question. Of course in a conceptual sense it is. But from a political and human perspective (law faculty, deans and lawyers) it is a self-interested situation in terms of how does this affect me? The reality is that for law faculty and deans it is mainly a life style, status, economic benefit and political situation in which the various interests protected by the traditional faculty slot placeholders [as well as the non-traditional practice-oriented teachers) are being masked by self-serving ...


La Transformación Del Papel Del Abogado Defensor En El Nuevo Sistema De Justicia Penal Mexicano, In Dilemas Contemporáneos Sobre Ejercicio De La Abogacía En México: Colección De Ensayos (Book Chapter) (Forthcoming), Gerald Lebovits 2014 SelectedWorks

La Transformación Del Papel Del Abogado Defensor En El Nuevo Sistema De Justicia Penal Mexicano, In Dilemas Contemporáneos Sobre Ejercicio De La Abogacía En México: Colección De Ensayos (Book Chapter) (Forthcoming), Gerald Lebovits

Gerald Lebovits

No abstract provided.


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