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Legal Ethics and Professional Responsibility Commons

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Disciplinary Regulation Of Prosecutors As A Remedy For Abuses Of Prosecutorial Discretion: A Descriptive And Normative Analysis, Samuel J. Levine, Bruce A. Green 2016 Touro Law Center

Disciplinary Regulation Of Prosecutors As A Remedy For Abuses Of Prosecutorial Discretion: A Descriptive And Normative Analysis, Samuel J. Levine, Bruce A. Green

Samuel J. Levine

Although courts have traditionally relied primarily on prosecutors’ individual self-restraint and institutional self-regulation to curb prosecutors’ excesses and redress their wrongdoing, aspects of prosecutors’ conduct can be regulated externally as well. One potential source of external regulation is professional discipline. As lawyers, prosecutors are regulated by state courts, which oversee processes for disciplining lawyers who engage in misconduct. In responding to prosecutors’ wrongdoing, courts generally express a preference for professional discipline over civil liability, which is limited by principles of absolute and qualified immunity. Likewise, courts favor professional discipline over adjudicatory remedies such as reversal of criminal convictions or suppression ...


Video: Happy Lawyers Make More Money: How To Achieve Financial Success, Fulfill Your Ethical Obligations, And Manage A Profitable Small Law Firm, How to Manage a Small Law Firm 2016 Nova Southeastern University

Video: Happy Lawyers Make More Money: How To Achieve Financial Success, Fulfill Your Ethical Obligations, And Manage A Profitable Small Law Firm, How To Manage A Small Law Firm

Law Center Plus Seminar Series

How To MANAGE a Small Law Firm was founded by attorney RJon Robins. He quickly realized that despite having done quite well in law school, completing a prestigious 9 credit internship with the US Trustee’s Office and clerking for a Federal Bankruptcy Judge, he knew next to nothing about how to actually manage the business of a small law firm.

RJon did eventually discover how to manage a small law firm and was recruited by The Florida Bar’s Law Office Management Assistance Service (LOMAS) to teach his fellow lawyers how to find, fix and avoid the sort of ...


Simulations In Clinics, Contract Drafting, And Upper-Level Courses, Carole O. Heyward 2016 Cleveland-Marshall College of Law, Cleveland State University

Simulations In Clinics, Contract Drafting, And Upper-Level Courses, Carole O. Heyward

Carole O Heyward

I teach in a transactional clinic called the Urban Development Law Clinic. In my Clinic, we represent non-profit tax-exempt organizations that engage in real estate, economic, and community development. Some of our clients include Greater Cleveland Habitat for Humanity and Karamu House, which is a theater and community arts center. We serve as general counsel for some clients and provide legal advice on an as needed basis for others. The Clinic provides legal advice on real estate matters, corporate governance, transactions, and tax issues. The complexity of matters that we handle ranges from drafting a code of regulations to representing ...


The Legal Profession's Rule Against Vouching For Clients: Advocacy And The Manner That Is The Man Himself, Thomas L. Shaffer 2016 Notre Dame Law School

The Legal Profession's Rule Against Vouching For Clients: Advocacy And The Manner That Is The Man Himself, Thomas L. Shaffer

Thomas L. Shaffer

Modem American lawyers impose on one another regulatory rules that speak to the old argument but have not resolved it. One of these requires lawyers to advocate the interests of their clients with zeal; another forbids them from arguing that they believe what they say, or in the merit of what they are asking the government to do. The latter of these is a rule against vouching for clients. Rules that require zeal and forbid vouching seek to prevent both advertent deceit and an "unprofessional" limitation of advocacy to causes lawyers believe in. My claim is that these rules are ...


Lawyers And Biblical Prophets, Thomas L. Shaffer 2016 Notre Dame Law School

Lawyers And Biblical Prophets, Thomas L. Shaffer

Thomas L. Shaffer

This is part of a broader exploration of the suggestion that the biblical prophets-Moses, Isaiah, Jeremiah, Amos, Nathan, and the others-are sources of ethical reflection and moral example for modern American lawyers. The suggestion appears to be unusual; I am not sure why. The Prophets were, more than anything else, lawyers-as their successors, the Rabbis of the Talmud, were. They were neither teachers nor bureaucrats, not elected officials or priests or preachers. And the comparison is not an ancient curiosity: Much of what admirable lawyer-heroes have done in modern America has been prophetic in the biblical sense-that is, what they ...


[Review Of] The Genetic Frontier: Ethics, Law, And Policy (Mark S. Frankel & Albert Teich Eds., American Association For The Advancement Of Science 1994), Suzanne A. Sprunger 2016 University of New Hampshire

[Review Of] The Genetic Frontier: Ethics, Law, And Policy (Mark S. Frankel & Albert Teich Eds., American Association For The Advancement Of Science 1994), Suzanne A. Sprunger

RISK: Health, Safety & Environment

Review of: The Genetic Frontier: Ethics, Law, and Policy (Mark S. Frankel & Albert Teich eds., American Association for the Advancement of Science 1994). Acknowledgments, appendix, contributors, figures, index, introduction, notes, references, tables. LC 93-37230, ISBN 0-87168-526-4. [260 pp. Paper $22.95. 1333 H St., NW, Washington DC 20005.]


The Origins Of American Health Libertarianism, Lewis A. Grossman 2016 American University

The Origins Of American Health Libertarianism, Lewis A. Grossman

Lewis A. Grossman

This Article examines Americans' enduring demand for freedom of therapeutic choice as a popular constitutional movement originating in the United States' early years. In exploring extrajudicial advocacy for therapeutic choice between the American Revolution and the Civil War, this piece illustrates how multiple concepts of freedom in addition to bodily freedom bolstered the concept of a constitutional right to medical liberty.


Attorney-Client Privilege: Continuing Confusion About Attorney Communications, Drafts, Pre-Existing Documents, And The Source Of The Facts Communicated , Paul R. Rice 2016 Selected Works

Attorney-Client Privilege: Continuing Confusion About Attorney Communications, Drafts, Pre-Existing Documents, And The Source Of The Facts Communicated , Paul R. Rice

Ann Shalleck

No abstract provided.


Study Of The Canons Of Professional Ethics, Edward L. Wright 2016 St. John's University School of Law

Study Of The Canons Of Professional Ethics, Edward L. Wright

The Catholic Lawyer

No abstract provided.


A Comprehensive Review Of The 2016 Asha Code Of Ethics, Robin L. Edge Ph.D., CCC-SLP, Bess Sirmon-Taylor Ph.D., CCC-SLP, Raul F. Prezas Ph.D., CCC-SLP 2016 Jacksonville University

A Comprehensive Review Of The 2016 Asha Code Of Ethics, Robin L. Edge Ph.D., Ccc-Slp, Bess Sirmon-Taylor Ph.D., Ccc-Slp, Raul F. Prezas Ph.D., Ccc-Slp

Journal of Human Services: Training, Research, and Practice

The American Speech-Language-Hearing Association (ASHA) initially implemented a Code of Ethics in 1952, and has periodically revisited the content of the document with revisions to reflect the expanding scope of practice within speech-language pathology and audiology and to clarify certain concepts. Code revision is a cyclical mandated task of the ASHA Board of Ethics conducted to assure accuracy, currency, and completeness of this most important document (Solomon-Rice & O’Rourke, 2016). The current version of the Code of Ethics (2016) was modified from the previous version (2010r), with an updated preamble, definitions of related vocabulary, and re-organized language in the principles ...


Limited License Legal Technicians: Non-Lawyers Get Access To The Legal Profession, But Clients Won’T Get Access To Justice, Julian Aprile 2016 Seattle University School of Law

Limited License Legal Technicians: Non-Lawyers Get Access To The Legal Profession, But Clients Won’T Get Access To Justice, Julian Aprile

Seattle University Law Review

Washington Limited License Legal Technicians (LLLTs) are non-lawyers who will supposedly help to close “the wide and ever-growing gap in necessary legal and law related services for low and moderate income persons.” However, LLLTs will not close the access to justice gap because “[t]here are no protections . . . to ensure that legal technicians will actually provide services to the poor, as opposed to selling their services to those who can most afford them,” and LLLTs are “not going to have the competency to actually do for the poor what needs to be done.”

Additionally, the modifications of the Washington Rules ...


The Gentleman In Professional Ethics, Thomas L. Shaffer 2016 Notre Dame Law School

The Gentleman In Professional Ethics, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Using Grit And Growth Mindset To Foster Resilience And Professionalism In Law Students And Attorneys, Carolyn Broering-Jacobs 2016 Cleveland-Marshall College of Law, Cleveland State University

Using Grit And Growth Mindset To Foster Resilience And Professionalism In Law Students And Attorneys, Carolyn Broering-Jacobs

Law Faculty Presentations and Testimony

The presentation introduced current research showing correlation between grit, growth mindset, and success in varied disciplines, then suggested several means for improving grit. Attendees discussed several problems that a young lawyer might experience and considered how grit and growth mindset might affect the lawyer's response to the problem.


Note: The New York "Good Samaritan Act", 2016 St. John's University School of Law

Note: The New York "Good Samaritan Act"

The Catholic Lawyer

No abstract provided.


Solving Ethical Puzzles To Unlock University Technology Transfer Client Work For An Intellectual Property Legal Clinic, Cynthia L. Dahl 2016 University of Pennsylvania Law School

Solving Ethical Puzzles To Unlock University Technology Transfer Client Work For An Intellectual Property Legal Clinic, Cynthia L. Dahl

Faculty Scholarship

Intellectual property (IP) and technology legal clinics are experiencing an unprecedented surge in popularity. Before 2000 there were only five such clinics, but by 2016 there were seventy-four, with fifty added since 2010 alone. As law schools are approving new IP clinics and as practitioners are developing syllabi, there is an increasing need to share knowledge about models that work and how to avoid pitfalls.

One potentially fertile – but traditionally underutilized -- source of client work for an IP and technology clinic is the university technology transfer office (“TTO”), the department that protects, markets, and licenses all university intellectual property. Through ...


Book Review, Mitchell M. Simon 2016 University of New Hampshire School of Law

Book Review, Mitchell M. Simon

RISK: Health, Safety & Environment

Review of the book Codes of Professional Responsibility (Rena A. Gorlin, ed., BNA Books, 1990). This 555 page book includes 43 codes of conduct promulgated by the major professional associations in business, health, and law. Each code is preceded by a brief description of the relevant association, including its address and phone number, and information relating to implementation and enforcement. The book concludes with three helpful resource lists including: first, research centers, educational programs and governmental bodies dealing with ethical issues; second, journals and periodical services; and, third, bibliographies, databases and libraries with special ethics collections. The resource sections and ...


Ebola, Experimental Medicine, Economics, And Ethics: An Evaluation Of International Disease Outbreak Law, Sara L. Dominey 2016 University of Georgia School of Law

Ebola, Experimental Medicine, Economics, And Ethics: An Evaluation Of International Disease Outbreak Law, Sara L. Dominey

Georgia Journal of International & Comparative Law

No abstract provided.


The Antidotes To The Double Standard: Protecting The Healthcare Rights Of Mentally Ill Inmates By Blurring The Line Between Estelle And Youngberg, Rose Carmen Goldberg 2016 Yale Law School

The Antidotes To The Double Standard: Protecting The Healthcare Rights Of Mentally Ill Inmates By Blurring The Line Between Estelle And Youngberg, Rose Carmen Goldberg

Yale Journal of Health Policy, Law, and Ethics

This Note is an examination of mentally illinmates' constitutional right to treatment. It has significant doctrinal and practical implications. In terms of doctrine, the Supreme Court has created distinct standards for the minimum levels of care for inmates (Estelle) and the civilly committed mentally ill (Youngberg). Under this framework mentally ill inmates are constitutionally equivalent to inmates generally, but are entitled to less care than the civilly committed even if they suffer the same illness. This Note explores this gap through the lens of equal protection and argues that mentally ill inmates are similarly situated to the civilly committed ...


Health And Taxes: Hospitals, Community Health And The Irs, Mary Crossley 2016 Professor, University of Pittsburgh School of Law

Health And Taxes: Hospitals, Community Health And The Irs, Mary Crossley

Yale Journal of Health Policy, Law, and Ethics

The Affordable Care Act created new conditions of federal tax exemption for nonprofit hospitals, including a requirement that hospitals conduct a community health needs assessment (CHNA) every three years to identify significant health needs in their communities and then develop and implement a strategy responding to those needs. As a result, hospitals must now do more than provide charity care to their patients in exchange for the benefits of tax exemption. The CHNA requirement has the potential both to prompt a radical change in hospitals' relationship to their communities and to enlist hospitals as meaningful contributors to community health improvement ...


The Fitbit Fault Line: Two Proposals To Protect Health And Fitness Data At Work, Elizabeth A. Brown 2016 Assistant Professor of Business Law, Bentley University.

The Fitbit Fault Line: Two Proposals To Protect Health And Fitness Data At Work, Elizabeth A. Brown

Yale Journal of Health Policy, Law, and Ethics

Employers are collecting and using their employees' health data, mined from wearable fitness devices and health apps, in new, profitable, and barely regulated ways. The importance of protecting employee health and fitness data will grow exponentially in the future. This is the moment for a robust discussion of how law can better protect employees from the potential misuse of their health data. While scholars have just begun to examine the problem of health data privacy, this Article contributes to the academic literature in three important ways. First, it analyzes the convergence of three trends resulting in an unprecedented growth of ...


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