Madeira Serves As Legal Commentator In Netflix’S “Our Father”,
2022
Maurer School of Law - Indiana University
Madeira Serves As Legal Commentator In Netflix’S “Our Father”, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
No abstract provided.
The Fate Of Comment 8: Analyzing A Lawyer's Ethical Obligation Of Technological Competence,
2022
University of Cincinnati College of Law
The Fate Of Comment 8: Analyzing A Lawyer's Ethical Obligation Of Technological Competence, Lisa Z. Rosenof
University of Cincinnati Law Review
No abstract provided.
Theranos: Case Study And Examination Of The Fraud Triangle,
2022
University of Arkansas, Fayetteville
Theranos: Case Study And Examination Of The Fraud Triangle, Abbey Jennings
Finance Undergraduate Honors Theses
Fraud is a serious issue which carries significant implications. Fraud committed by top level managers is particularly grievous, as it ripples through a firm, harming the company’s shareholders, employees, and credibility, while posing a threat to individuals and society (Zahra, et al.). A common framework in auditing, the fraud triangle, outlines three factors that if present, increase the risk or enable fraud to occur. The three factors are incentive, opportunity, and rationalization to commit fraud (Barlow).
In 2018, the Securities and Exchange Commission (SEC) charged Elizabeth Holmes, founder and CEO of a supposedly groundbreaking health tech company, Theranos, with ...
Reckless Abandon: The Shadow Of Model Rule 8.4(G) And A Path Forward,
2022
St. John's University School of Law
Reckless Abandon: The Shadow Of Model Rule 8.4(G) And A Path Forward, Margaret Tarkington
St. John's Law Review
(Excerpt)
In August 2016, the American Bar Association’s (“ABA”) Board of Governors approved Model Rule of Professional Conduct (“MRPC”) 8.4(g) as a model for state adoption. The Rule makes it professional misconduct for a lawyer to engage in “harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status.” Curbing harassment and discrimination is a critically important goal. However, the actual Rule as promulgated reaches far beyond prohibiting sexual harassment and unlawful discrimination. Instead the comments to the Rule define discrimination and harassment broadly ...
Confidential Settlements For Professional Malpractice,
2022
St. John's University School of Law
Confidential Settlements For Professional Malpractice, Sande L. Buhai
St. John's Law Review
(Excerpt)
A lawyer representing a plaintiff in a professional malpractice case advises her client not to file a complaint with the state regulatory body—the state bar, the medical board, or some other pertinent body—until later. The lawyer explains that she can offer to settle the case more favorably, more quickly, and at lower cost if they promise that, as part of the settlement, defendant’s malfeasance will never be reported to the state regulatory body responsible for ensuring professional competence in the area. This tactic may allow the client to negotiate a larger settlement because the defendant should ...
Aba Model Rule 8.4(G): National Adoption Is Long Overdue,
2022
Saint Louis University School of Law
Aba Model Rule 8.4(G): National Adoption Is Long Overdue, Sara Rakowiecki
SLU Law Journal Online
In 2016, the American Bar Association amended the Model Rules of Professional Conduct to include Rule 8.4(g) in an attempt to include a prohibition against discrimination and harassment with conduct related to the practice of law. While discrimination and harassment remain commonplace in the legal profession, many states refused to adopt Rule 8.4(g) which resulted in an unprecedented response to the ABA amendment. In this article, Sara Rakowiecki emphasizes the necessity for the legal profession to adopt and apply Rule 8.4(g) to cultivate a legal community where lawyers are consistently ethical and professional in ...
Confidentiality, Warning And Aids: A Proposal To Protect Patients, Third Parties And Physicians,
2022
Touro College Jacob D. Fuchsberg Law Center
Confidentiality, Warning And Aids: A Proposal To Protect Patients, Third Parties And Physicians
Touro Law Review
No abstract provided.
Foreword,
2022
Fordham University School of Law
Foreword, Bennett Capers, Bruce A. Green
Fordham Law Review
Is there such a thing as subversive lawyering? And if so, what is it? These are the questions that motivate this colloquium issue. To be sure, other, similar terms exist and have been explicated. Movement lawyering. Rebellious lawyering. Resistance lawyering. Indeed,we were particularly inspired by Daniel Farbman’s article Resistance Lawyering, in which he uncovers the stories of abolitionist lawyers who, confronting the Fugitive Slave Act of 1850, “employed every means at their disposal to frustrate, delay, and dismantle the system within which they were practicing.” But still, we wondered if subversive lawyering might be something different. Something akin ...
When We Fight, We Win: Eviction
Defense As Subversive Lawyering,
2022
Harvard Law School
When We Fight, We Win: Eviction Defense As Subversive Lawyering, Eloise Lawrence
Fordham Law Review
This Essay will examine the “sword and shield” model in action to explore the meaning of “subversive lawyering” in the housing context, particularly in eviction defense. In this model, we—the lawyers and law students— provide the “shield” (i.e., legal defense), while the organizers and members of grassroots housing justice organizations provide the “sword” (i.e., public pressure and protest). The lawyers are shielding tenants and foreclosed homeowners in the courts, which allows these “defendants” to simultaneously work with organizers to take necessary extralegal actions to ensure they are protected from displacement.
Progressive Prosecutors Are Not
Trying To Dismantle The Master’S House,
And The Master Wouldn’T Let Them Anyway,
2022
Georgetown University Law Center
Progressive Prosecutors Are Not Trying To Dismantle The Master’S House, And The Master Wouldn’T Let Them Anyway, Paul Butler
Fordham Law Review
The first thing to note about Audre Lorde’s famous phrase “the master’s tools will never dismantle the master’s house” is that it cannot literally be true. If tools can dismantle the master’s house, the master’s own tools would be good as anyone’s. The main problem would not be that the tools don’t work, but rather how to get them to the people who most need the master’s house dismantled—the enslaved ones. But the considerable work that the phrase does in social justice movements and critical theory is figurative rather than literal ...
Lawyers' Duty Of Confidentiality And Clients' Crimes And Frauds,
2022
University of Florida
Lawyers' Duty Of Confidentiality And Clients' Crimes And Frauds, Douglas R. Richmond
Georgia State University Law Review
Lawyers’ ethical duty of confidentiality is a fundamental aspect of the attorney-client relationship. It is also an extraordinarily broad duty; indeed, it is broader than the attorney-client privilege. So extensive a duty of confidentiality is necessary to encourage clients to trust their lawyers and to be candid with them. The public also benefits from lawyers’ duty of confidentiality, as a comment to Rule 1.6 of the ABA’s Model Rules of Professional Conduct explains: “Almost without exception, clients come to lawyers in order to determine their rights and what is, in the complex of laws and regulations, deemed to ...
Fostering Equity And Accountability In Georgia’S Criminal Legal System Through Conviction Integrity Reforms,
2022
Mercer University School of Law
Fostering Equity And Accountability In Georgia’S Criminal Legal System Through Conviction Integrity Reforms, E. Addison Gantt, Meagan R. Hurley
Mercer Law Review
An often-quoted excerpt from Berger v. United States sums up the role of a prosecutor in the criminal legal system. The context is the federal system, but it applies across the board. It begins by explaining the duty of a prosecutor: to represent the sovereign, “whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done.”2 Then, it turns to the real-world application of that role, instructing that prosecutors should present their cases ...
A Commons In The Master’S House,
2022
Boston College Law School
A Commons In The Master’S House, Daniel Farbman
Fordham Law Review
Almost everyone who reads these words is an institutional insider in some form. Those of us who aspire toward transformation, liberation, and resistance from our institutional settings are forced to confront Audre Lorde’s striking admonition that “the master’s tools will never dismantle the master’s house.” For some, finding themselves in the master’s house is a spur towards purism—a rejection of institutional power in search of a “pure” remove from which to critique it. For others, it is a dispiriting check on their aspirations and an invitation to sullen fatalism. This Essay questions whether we are ...
Movement Lawyers: The Tension Between Solidarity And Independence,
2022
Berkeley Law
Movement Lawyers: The Tension Between Solidarity And Independence, Catherine Fisk
Indiana Law Journal
Seeking to engage with scholars and activists who call for lawyer solidarity with social movements, this Essay considers professional ethics constraints on what a lawyer can justifiably do on behalf of clients in the name of solidarity with a movement. I consider whether the concept of solidarity, especially solidarity in the face of legal repression, justifies a movement lawyer in using tactics that would otherwise be grounds for legal prosecution, professional discipline, or moral condemnation. Drawing on the long history of legal repression of progressive activism, including repression of progressive lawyers, this Essay proposes a way to think about lawyers ...
Judicial Solidarity?,
2022
Boston College Law School
Judicial Solidarity?, Daniel Farbman
Boston College Law School Faculty Papers
We are living in a moment where open and principled resistance to law and legal order are a part of our daily lives. Whether in support of Black Lives Matter or in opposition to mask mandates, people are in the streets resisting. Over the last decade, the perception of the fixity of our legal order has eroded and so, too, has the stability of our consensus that legality and morality are aligned. In this moment, the visibility and viability of resistance to law and civil government through social movements have surged. With the increasing salience of civil resistance resurfaces an ...
Judicial Solidarity?,
2022
Boston College Law School
Judicial Solidarity?, Daniel Farbman
Boston College Law School Faculty Papers
We are living in a moment where open and principled resistance to law and legal order are a part of our daily lives. Whether in support of Black Lives Matter or in opposition to mask mandates, people are in the streets resisting. Over the last decade, the perception of the fixity of our legal order has eroded and so, too, has the stability of our consensus that legality and morality are aligned. In this moment, the visibility and viability of resistance to law and civil government through social movements have surged. With the increasing salience of civil resistance resurfaces an ...
Judicial Solidarity?,
2022
Boston College Law School
Judicial Solidarity?, Daniel Farbman
Boston College Law School Faculty Papers
We are living in a moment where open and principled resistance to law and legal order are a part of our daily lives. Whether in support of Black Lives Matter or in opposition to mask mandates, people are in the streets resisting. Over the last decade, the perception of the fixity of our legal order has eroded and so, too, has the stability of our consensus that legality and morality are aligned. In this moment, the visibility and viability of resistance to law and civil government through social movements have surged. With the increasing salience of civil resistance resurfaces an ...
Infusing Leadership Competencies Into 1l Professional Identity Formation,
2022
Texas A&M University School of Law
Infusing Leadership Competencies Into 1l Professional Identity Formation, Aric Short
Faculty Scholarship
Law schools across the country are beginning to address the growing need to incorporate leadership training into their curricula; however, very few explicitly cover leadership in the 1L year. This article argues for the value of providing leadership training to 1Ls as part of a required course on professional identity formation. Because foundational leadership concepts overlap in meaningful ways with core lawyering competencies, such integration is both practical and efficient. Beginning leadership in the 1L year allows law schools to build on that foundational material in later clinics, externships, upper-level classes, and other experiences, creating deeper leadership skills in their ...
The Restitution Of Nazi-Looted Art In The United States: A Legal And Policy Analysis,
2022
Trinity College, Hartford Connecticut
The Restitution Of Nazi-Looted Art In The United States: A Legal And Policy Analysis, Katharine J. Namon
Senior Theses and Projects
Restitution of Nazi-looted art in the United States is a complicated legal and policy issue. Victims and their heirs seeking restitution of their stolen art frequently encounter inconsistent legal standards at the state, federal, and international levels. Moreover, there are many different parties involved in these cases, including countries, museums, private collections, auction houses, heirs, and individuals who may have an interest in the particular work of art. Ethics must also be considered, and in the past, international principles for nations have been established to guide the process of delivering victims of wartime looting justice. Unfortunately, the current legal framework ...
Sparking A Movement: A Coordinated, Bottom-Up Approach To Increase Voluntary Pro Bono Service And Mend The Justice Gap,
2022
Fourth Judicial Circuit of Virginia
Sparking A Movement: A Coordinated, Bottom-Up Approach To Increase Voluntary Pro Bono Service And Mend The Justice Gap, David W. Lannetti, Jennifer L. Eaton
Richmond Public Interest Law Review
For decades, the legal profession has tried and tried again to increase pro
bono representation and reduce the ill effects of the Justice Gap. A common
and increasing theme has been a top-down approach focused on laudable
platitudes, jurisdictional reporting policies, and aspirational guidelines to
inspire attorneys to voluntarily serve low-income Americans. These efforts
have enjoyed very little success, however, and with the Justice Gap only getting
worse, a new solution is needed. This Article shifts the focus away from
these top-down methods and mandates, which lack accountability and incentives,
to a bottom-up approach that offers a more viable solution ...