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Legal Ethics and Professional Responsibility Commons

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All Articles in Legal Ethics and Professional Responsibility

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Fostering Wholehearted Lawyers: Practical Guidance For Supporting Law Students' Professional Identity Formation, Susan L. Brooks 2018 University of St. Thomas, Minnesota

Fostering Wholehearted Lawyers: Practical Guidance For Supporting Law Students' Professional Identity Formation, Susan L. Brooks

University of St. Thomas Law Journal

No abstract provided.


The Elusive "High Road" For Lawyers: Teaching Professional Responsibility In A Shifting Context, Bryant G. Garth 2018 University of St. Thomas, Minnesota

The Elusive "High Road" For Lawyers: Teaching Professional Responsibility In A Shifting Context, Bryant G. Garth

University of St. Thomas Law Journal

No abstract provided.


The Next Steps Of A Formation-Of-Student-Professional Identity Social Movement: Building Bridges Among The Three Key Stakeholders - Faculty And Staff, Students, And Legal Employers And Clients, Neil Hamilton 2018 University of St Thomas School of Law

The Next Steps Of A Formation-Of-Student-Professional Identity Social Movement: Building Bridges Among The Three Key Stakeholders - Faculty And Staff, Students, And Legal Employers And Clients, Neil Hamilton

University of St. Thomas Law Journal

No abstract provided.


A Status Update For Texas Voir Dire: Advocating For Pre-Trial Internet Investigation Of Prospective Jurors, Luke A. Harle 2018 St. Mary's University School of Law

A Status Update For Texas Voir Dire: Advocating For Pre-Trial Internet Investigation Of Prospective Jurors, Luke A. Harle

St. Mary's Law Journal

The Internet provides trial attorneys an additional tool to investigate the backgrounds of prospective jurors during voir dire. Online searches of a person’s name and social media accounts can reveal information that could be used as grounds for a challenge for cause or to facilitate intelligent use of peremptory strikes. Texas lawmakers have not yet provided any official guidance as to whether attorneys can investigate prospective jurors online or how they might do so, should it be allowed. Texas’s current voir dire structure, judicial opinions, and ethics opinions, together, support the notion that Texas trial attorneys should be ...


Legal Scholars' Ethical Responsibilities Concerning Neutrality And Objectivity, Candor And Exhaustiveness, Neil Hamilton 2018 Marquette University Law School

Legal Scholars' Ethical Responsibilities Concerning Neutrality And Objectivity, Candor And Exhaustiveness, Neil Hamilton

Marquette Law Review

None


Institutional Pluralism And The (Hoped-For) Effects Of Candor And Integrity In Legal Scholarship, Paul Horwitz 2018 Marquette University Law School

Institutional Pluralism And The (Hoped-For) Effects Of Candor And Integrity In Legal Scholarship, Paul Horwitz

Marquette Law Review

None


The Ethics Of Normative Legal Scholarship, Robin West 2018 Marquette University Law School

The Ethics Of Normative Legal Scholarship, Robin West

Marquette Law Review

None


A Thought Experiment About The Academic "Billable" Hour Or Law Professors' Work Habits, Eli Wald 2018 Marquette University Law School

A Thought Experiment About The Academic "Billable" Hour Or Law Professors' Work Habits, Eli Wald

Marquette Law Review

None


The Truth Of The Matter: Why The Social Contract Dictates Legal Scholars' Sincerity, Candor, & Thoroughness, Nicola A. Boothe-Perry 2018 Marquette University Law School

The Truth Of The Matter: Why The Social Contract Dictates Legal Scholars' Sincerity, Candor, & Thoroughness, Nicola A. Boothe-Perry

Marquette Law Review

None


The Ethics Of Baiting And Switching In Law Review Submissions, Ryan Scoville 2018 Marquette University Law School

The Ethics Of Baiting And Switching In Law Review Submissions, Ryan Scoville

Marquette Law Review

None


Conference On The Ethics Of Legal Scholarship, 2018 Marquette University Law School

Conference On The Ethics Of Legal Scholarship

Marquette Law Review

None


Towards A Series Of Academic Norms For #Lawprof Twitter, Carissa Byrne Hessick 2018 Marquette University Law School

Towards A Series Of Academic Norms For #Lawprof Twitter, Carissa Byrne Hessick

Marquette Law Review

None


The Scholar's Dilemma, Chad Oldfather 2018 Marquette University Law School

The Scholar's Dilemma, Chad Oldfather

Marquette Law Review

None


Volume 1, Issue 2, 2018 James Madison University

Volume 1, Issue 2

International Journal on Responsibility

Contents:

3 – 5 Howard Zehr, Restorative Justice and the Gandhian Tradition.

6 – 26 Richard E. Rubenstein, Responsibility for Peacemaking in the Context of Structural Violence.

27 – 64 Marc Pufong, Terror, Insecurity, State Responsibility and Challenges: Yesterday and Today?

65 – 77 Ron Kraybill, Responsibility, Community and Conflict Resolution in an Age of Polarization.

78 – 96 John Fairfield, Beyond non-violence to courtship.

97 – 98 Call for papers for forthcoming issues of the International Journal on Responsibility and instructions for authors.


Court Capture, J. Jonas Anderson 2018 American University Washington College of Law

Court Capture, J. Jonas Anderson

Boston College Law Review

Capture—the notion that a federal agency can become controlled by the industry the agency is supposed to be regulating—is a fundamental concern for administrative law scholars. Surprisingly, however, no thorough treatment of how capture theory applies to the federal judiciary has been done. The few scholars who have attempted to apply the insights of capture theory to federal courts have generally concluded that the federal courts are insulated from capture concerns.

This Article challenges the notion that the federal courts cannot be captured. It makes two primary arguments. As an initial matter, this Article makes the theoretical case ...


When The Defendant Doesn't Testify: The Eighth Circuit Considers A Reasonable Broken Promise In Bahtuoh V. Smith, Alexandre Bou-Rhodes 2018 Boston College Law School

When The Defendant Doesn't Testify: The Eighth Circuit Considers A Reasonable Broken Promise In Bahtuoh V. Smith, Alexandre Bou-Rhodes

Boston College Law Review

In 2017, in Bahtuoh v. Smith, the Eighth Circuit held that a criminal defendant’s counsel was not ineffective for promising the jury that the defendant would testify, but failing to deliver on that promise. This Comment argues that the Eighth Circuit’s decision is in line with the decisions of other circuits in ineffective assistance of counsel cases where counsel promised the defendant’s testimony but later reneged on that promise. Courts should consider in their analysis, however, the impact such a decision may have on the jury, and that a stricter standard for evaluating counsel’s trial performance ...


Ethics Issues Inherent In Special Immigrant Juvenile State Court Proceedings - Practical Proposals For Intractable Problems, Alexis Anderson 2018 Boston College Law School

Ethics Issues Inherent In Special Immigrant Juvenile State Court Proceedings - Practical Proposals For Intractable Problems, Alexis Anderson

Alexis Anderson

Immigration advocates have long noted how ethical challenges pervade certain areas of their practice, particularly in the employment and spousal contexts. A significant body of literature exists that attempts to identify clear, professional norms for grappling successfully with thorny ethical questions inherent in those areas. This article expands that scholarship by studying the ethics issues that arise for counsel representing youth seeking Special Immigrant Juvenile ("SIJ") status in state court. Using SIJ case studies to explore questions of confidentiality, conflicts, and candor, this article uncovers key factors that complicate practitioners' ability to comply with existing ethical mandates. One defining feature ...


Conviction Beyond A Reasonable Suspicion? The Need For Strengthening The Factual Basis Requirement In Guilty Pleas, Myeonki KIm 2018 University of Wisconsin - Madison, Law School

Conviction Beyond A Reasonable Suspicion? The Need For Strengthening The Factual Basis Requirement In Guilty Pleas, Myeonki Kim

Concordia Law Review

Does the court, before accepting a guilty plea, check the accuracy of the plea agreement in any significant way? This article addresses the issues on judges being unconcerned or the inconsistent practice of guiding the stages of guilty plea. The article further suggests that the judge should carefully review its factual basis to avoid a wrongful guilty plea. Although Rule 11(b) of the Federal Rule of Criminal Procedure requires the judges to check the factual basis of the guilty plea, the rule is not paid much attention to legal professionals. Setting the adversarial culture aside, the rule itself has ...


Better Briefs, Lydia Fearing 2018 St. Mary's University School of Law

Better Briefs, Lydia Fearing

St. Mary's Journal on Legal Malpractice & Ethics

Abstract forthcoming


Uncharted Waters? Legal Ethics And The Benefit Corporation, Joseph Pileri 2018 Georgetown University Law Center

Uncharted Waters? Legal Ethics And The Benefit Corporation, Joseph Pileri

St. Mary's Journal on Legal Malpractice & Ethics

Corporate law norms are reflected in lawyers’ ethical duties. The enactment of benefit corporation legislation across the country signals a legislative acknowledgment that corporate law can serve as a public, rather than a merely private, ordering mechanism. Benefit corporations expressly adopt a public benefit as a legal purpose of the enterprise. While many have written about this important development with respect to corporate fiduciary law, this essay is the first to explore the professional and ethical responsibility of lawyers representing benefit corporations. In the last century, as scholars and courts drove an understanding of corporate law that elevated the interests ...


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