Open Access. Powered by Scholars. Published by Universities.®

Legal Ethics and Professional Responsibility Commons

Open Access. Powered by Scholars. Published by Universities.®

5393 Full-Text Articles 3324 Authors 2136371 Downloads 162 Institutions

All Articles in Legal Ethics and Professional Responsibility

Faceted Search

5393 full-text articles. Page 2 of 122.

Symposium Introduction, Ellen Yaroshefsky 2018 Maurice A. Deane School of Law at Hofstra University

Symposium Introduction, Ellen Yaroshefsky

Hofstra Law Review

On April 5–6, 2017, the Monroe H. Freedman Institute for the Study of Legal Ethics hosted its inaugural Symposium, Judicial Responsibility for Justice in Criminal Courts. This unique two-day Symposium brought together the country’s thought leaders from the bench, the academy, prosecutors’ offices, and the defense bar to engage in interactive discussion to examine the role of judges in criminal courts. The Conference goal was to propose concrete suggestions for changes in judicial role, rules, and culture to improve criminal courts.

For years, numerous organizations and individuals have focused upon aspects of the dysfunction of the criminal justice ...


Poverty, The Great Unequalizer: Improving The Delivery System For Civil Legal Aid, Latonia Haney Keith 2018 Concordia University School of Law

Poverty, The Great Unequalizer: Improving The Delivery System For Civil Legal Aid, Latonia Haney Keith

Latonia Haney Keith

Civil justice issues in the United States bring with them no guarantee of legal counsel, yet the civil legal system is still designed to require an attorney in almost all situations. Given the ever-growing costs of legal representation, how then are the legal needs of the poor met? The author calls this phenomenon the “justice gap” and addresses the issue of an access to justice gap and proposes a potential solution.

This article examines the existence of the “justice gap,” wherein the poor face substantial barriers that hinder them from receiving the same legal protections as wealthier Americans. It goes ...


The Foreign Corrupt Practices Act Turns 40: "Reflections On Walmart's Enhanced Ethics & Compliance Program", Jay T. Jorgensen 2018 Texas A&M University School of Law

The Foreign Corrupt Practices Act Turns 40: "Reflections On Walmart's Enhanced Ethics & Compliance Program", Jay T. Jorgensen

Texas A&M Law Review

As Walmart’s business has been changing, the company has also evolved and changed in our corporate governance. In 2012, the company started a significant effort to enhance our ethics and compliance programs. Prior to that time the company maintained separate compliance efforts in different countries. For example, Walmart’s business in the United States had a well-developed compliance program. The company had separate compliance-related activities and personnel in our businesses in Canada, China, Mexico, and elsewhere. All of these compliance programs operated independently of each other, reporting to their local business leaders.


Dorothy Moser Medlin Papers - Accession 1049, Dorothy Moser Medlin 2018 Winthrop University

Dorothy Moser Medlin Papers - Accession 1049, Dorothy Moser Medlin

Manuscript Collection

(The Dorothy Moser Medlin Papers are currently in processing.)

This collection contains most of the records of Dorothy Medlin’s work and correspondence and also includes reference materials, notes, microfilm, photographic negatives related both to her professional and personal life. Additions include a FLES Handbook, co-authored by Dorothy Medlin and a decorative mirror belonging to Dorothy Medlin.

Major series in this collection include: some original 18th century writings and ephemera and primary source material of André Morellet, extensive collection of secondary material on André Morellet's writings and translations, Winthrop related files, literary manuscripts and notes by Dorothy Medlin (1966-2011 ...


Celebrating Mundane Conflict, Deborah J. Cantrell 2018 University of Colorado Law School

Celebrating Mundane Conflict, Deborah J. Cantrell

Articles

This Article interrogates the dominant conception of conflict and challenges the narrative of conflict as hard, difficult and painful to engage. The Article reveals two primary framing errors that cause one to misperceive how ubiquitous and ordinary is conflict. The first error is to misperceive conflict as categorical — something either is a conflict or it is not. People make that error as a way of trying to avoid conflict. People falsely hope that there might be a category of “not conflict,” like disagreements, that will be easier to navigate. The second error is to misperceive the world and individuals as ...


Suffrage For People With Intellectual Disabilities And Mental Illness: Observations On A Civic Controversy, Charles Kopel 2017 New York University Law School

Suffrage For People With Intellectual Disabilities And Mental Illness: Observations On A Civic Controversy, Charles Kopel

Yale Journal of Health Policy, Law, and Ethics

Most electoral democracies, including forty-three states in the United States,
deny people the right to vote on the basis of intellectual disability or mental illness. Scholars in several fields have addressed these disenfranchisements, including legal scholars who analyze their validity under U.S. constitutional law and international-human-rights law, philosophers and political scientists who analyze their validity under democratic theory, and mental-health
researchers who analyze their relationship to scientific categories.


Regulatory Disruption And Arbitrage In Health-Care Data Protection, Nicolas P. Terry 2017 Indiana University Robert H. McKinney School of Law

Regulatory Disruption And Arbitrage In Health-Care Data Protection, Nicolas P. Terry

Yale Journal of Health Policy, Law, and Ethics

This article explains how the structure of U.S. health-care data protection
(specifically its sectoral and downstream properties) has led to a chronically uneven policy environment for different types of health-care data. It examines claims for health-care data protection exceptionalism and competing demands such as data liquidity. In conclusion, the article takes the position that health­ care-data exceptionalism remains a valid imperative and that even current concerns about data liquidity can be accommodated in an exceptional protective model. However, re-calibrating our protection of health-care data residing outside of the traditional health-care domain is challenging, currently even
politically impossible.


Revisiting Incentive-Based Contracts, Wendy Netter Epstein 2017 DePaul University College of Law

Revisiting Incentive-Based Contracts, Wendy Netter Epstein

Yale Journal of Health Policy, Law, and Ethics

Incentive-based pay is rational, intuitive, and popular. Agency theory tells us
that a principal seeking to align its incentives with an agent's should be able to simply pay the agent to achieve the principal's desired results. Indeed, this strategy has long been used across diverse industries-from executive compensation to education, professional sports to public service-but with mixed results. Now a new convert to incentive compensation has appeared on the
scene: the United States' behemoth health-care industry. In many ways, the incentive mismatch story is the same. Insurance companies and employers are concerned about constraining the cost of care ...


Paying Research Participants: Regulatory Uncertainty, Conceptual Confusion, And A Path Forward, Emily A. Largent, Holly Fernandez Lynch 2017 Harvard Law School

Paying Research Participants: Regulatory Uncertainty, Conceptual Confusion, And A Path Forward, Emily A. Largent, Holly Fernandez Lynch

Yale Journal of Health Policy, Law, and Ethics

The practice of offering payment to individuals in exchange for their
participation in clinical research is widespread and longstanding. Nevertheless, such payment remains the source of substantial debate, in particular about whether or the extent to which offers of payment coerce and/or unduly induce individuals to participate. Yet, the various laws, regulations, and ethical guidelines that govern the conduct of human subjects research offer
relatively little in the way of specific guidance regarding what makes a payment offer ethically acceptable-or not. Moreover, there is a lack of definitional agreement regarding what the terms coercion and undue inducement mean in ...


Agwara V. State Bar Of Nev., 133 Nev. Adv. Op. 96 (Dec. 7, 2017) (En Banc), Lucy Crow 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Agwara V. State Bar Of Nev., 133 Nev. Adv. Op. 96 (Dec. 7, 2017) (En Banc), Lucy Crow

Nevada Supreme Court Summaries

The Court adopted the three-prong test in Grosso v. United States, and held that an attorney cannot assert the privilege against self-incrimination to withhold client trust documentation sought in a State Bar investigation. However, the State Bar must have a compelling reason to force disclosure of tax records.


Artificial Intelligence: Application Today And Implications Tomorrow, Sean Semmler, Zeeve Rose 2017 Duke Law

Artificial Intelligence: Application Today And Implications Tomorrow, Sean Semmler, Zeeve Rose

Duke Law & Technology Review

This paper analyzes the applications of artificial intelligence to the legal industry, specifically in the fields of legal research and contract drafting. First, it will look at the implications of artificial intelligence (A.I.) for the current practice of law. Second, it will delve into the future implications of A.I. on law firms and the possible regulatory challenges that come with A.I. The proliferation of A.I. in the legal sphere will give laymen (clients) access to the information and services traditionally provided exclusively by attorneys. With an increase in access to these services will come a change ...


Ethics, Law Firms, And Legal Education, Milton C. Regan Jr. 2017 University of Maine School of Law

Ethics, Law Firms, And Legal Education, Milton C. Regan Jr.

Maine Law Review

A rash of recent corporate scandals has once again put professional ethics in the spotlight. It's hard to pick up the Wall Street Journal each day and not read that authorities have launched a new investigation or that additional indictments are imminent. Stories of financial fraud and outright looting have galvanized the public and shaken the economy. What ethical lessons can we draw from these events? Two explanations seem especially prominent. The first is a story of individuals without an adequate moral compass. Some people's greed and ambition were unchecked by any internal ethical constraints. For such deviants ...


The Lawyer As A Public Citizen, Cruz Reynoso 2017 University of Maine School of Law

The Lawyer As A Public Citizen, Cruz Reynoso

Maine Law Review

The Eleventh Annual Frank M. Coffin Lecture on Law and Public Service was held on October 17, 2002. Cruz Reynoso, Boochever and Bird Professor of Law at the University of California at Davis, School of Law and retired Associate Justice of the California Supreme Court, delivered the lecture. Established in 1992, the lecture honors Judge Frank M. Coffin, Senior Circuit Judge of the United States Court of Appeals for the First Circuit, an inspiration, mentor, and friend to the University of Maine School of Law. The Board and Staff of Volume 55 are honored to continue the tradition of publishing ...


Leaving Law Firms With Client Fees: Florida's Path, Donald J. Weidner 2017 Florida State University College of Law

Leaving Law Firms With Client Fees: Florida's Path, Donald J. Weidner

Scholarly Publications

No abstract provided.


Lawyer Regulation, Aml, And Fatf's Mutual Evaluations, Laurel S. Terry, José Carlos Llerena Robles 2017 Pennsylvania State University, Dickinson Law

Lawyer Regulation, Aml, And Fatf's Mutual Evaluations, Laurel S. Terry, José Carlos Llerena Robles

Laurel S. Terry

These presentation slides were used at the December 2017 Fordham Regulation of Legal and Judicial Services Conference andwill be the basis for our forthcoming article in Volume 41 of the Fordham J. of International Law, entitled "The Relevance of FATF's Recommendations and the 4th Round of Mutual Evaluations to the Legal Profession."These slides focus on FATF’s 4th round of “Mutual Evaluations, which currently are underway.  During these mutual evaluations, FATF-affiliated countries examine each other’s compliance with the FATF Recommendations and recommend follow-up action for those countries whose lawyer regulation or implementation is not in compliance.  
 
As ...


Heroism Science Offers A New Framework For Cultivating Civic Virtue Within Clinical Law Programs, Francina Cantatore, Nickolas J. James 2017 Bond University

Heroism Science Offers A New Framework For Cultivating Civic Virtue Within Clinical Law Programs, Francina Cantatore, Nickolas J. James

Australian Journal of Clinical Education

Law schools have an obligation to produce law graduates who are not only knowledgeable and competent but also committed to working towards the public good. Clinical law programs, and in particular pro bono law clinics, have the potential to provoke a positive personal transformation on the part of the law student, leading to the development of civic virtue, but law schools lack a useful framework for conceptualising, facilitating and evaluating this personal transformation. The emergent field of heroism science provides such a framework. In particular the notion of the ‘hero’s journey’ can be drawn upon to address some of ...


Coming To Grips With The Ethical Challenges For Capital Post-Conviction Representation Posed By Martinez V. Ryan, John H. Blume, W. Bradley Wendel 2017 Selected Works

Coming To Grips With The Ethical Challenges For Capital Post-Conviction Representation Posed By Martinez V. Ryan, John H. Blume, W. Bradley Wendel

W. Bradley Wendel

In its groundbreaking decision in Martinez v. Ryan, 556 U.S. 1 (2012), the Supreme Court of the United States held that inadequate assistance of post-conviction counsel could be sufficient “cause” to excuse a procedural default thus allowing a federal court in habeas corpus proceedings to reach the merits of an otherwise barred claim that an inmate was deprived of his Sixth Amendment right to the effective assistance of counsel at trial. The upshot of Martinez is that, if state postconviction counsel unreasonably (and prejudicially) fails to raise a viable claim of ineffective assistance of trial counsel, then there is ...


In Re Discipline Of Reade, 133 Nev. Adv. Op. 87 (Nov. 16, 2017), Ronald Evans 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

In Re Discipline Of Reade, 133 Nev. Adv. Op. 87 (Nov. 16, 2017), Ronald Evans

Nevada Supreme Court Summaries

The Court determined that, in this instance, an attorney should be suspended for four years after said attorney violated RPC 8.4(b). The Court further held that SRC 102 does not permit the Court to impose financial sanctions on an attorney when the Court is already suspending said attorney.


The Changing Legal Landscape For Clergy, Arthur Gross Schaefer, Dan Van Bogaert 2017 St. John's University School of Law

The Changing Legal Landscape For Clergy, Arthur Gross Schaefer, Dan Van Bogaert

The Catholic Lawyer

No abstract provided.


The Catholic's Role In The Legal Profession In Republican Government, Joseph C. Cascarelli 2017 St. John's University School of Law

The Catholic's Role In The Legal Profession In Republican Government, Joseph C. Cascarelli

The Catholic Lawyer

No abstract provided.


Digital Commons powered by bepress