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Legal Ethics and Professional Responsibility Commons

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Egyptian Confidential: An Analysis Of Confidentiality In The Egyptian Arbitration System, Kayla Snowberger 2017 Penn State Law

Egyptian Confidential: An Analysis Of Confidentiality In The Egyptian Arbitration System, Kayla Snowberger

Arbitration Law Review

No abstract provided.


Bolstering The Foundation Of Fundamental Fairness: The Ninth Circuit Declares Equitable Tolling Now Applies To The Federal Arbitration Act, Matthew E. Selmasska 2017 Penn State Law

Bolstering The Foundation Of Fundamental Fairness: The Ninth Circuit Declares Equitable Tolling Now Applies To The Federal Arbitration Act, Matthew E. Selmasska

Arbitration Law Review

No abstract provided.


The Changing View Of The “Bystander” In Holocaust Scholarship: Historical, Ethical, And Political Implications, Victoria J. Barnett 2017 Director of the United States Holocaust Memorial Museum’s Programs on Ethics, Religion, and the Holocaust

The Changing View Of The “Bystander” In Holocaust Scholarship: Historical, Ethical, And Political Implications, Victoria J. Barnett

Utah Law Review

The role of “bystanders” has been a central theme in discussions about the ethical legacy of the Holocaust. In early Holocaust historiography, “bystander” was often used as a generalized catchall term designating passivity toward Nazi crimes. “Bystander behavior” became synonymous with passivity to the plight of others, including the failure to speak out against injustice and/or assist its victims. More recent scholarship has documented the extent to which local populations and institutions were actively complicit in Nazi crimes, participating in and benefitting from the persecution of Jewish citizens, not only in Germany but across Europe. This newer research has ...


The Bystander During The Holocaust, Robert A. Goldberg 2017 Professor of History and Director of the Tanner Humanities Center at the University of Utah

The Bystander During The Holocaust, Robert A. Goldberg

Utah Law Review

The German people today have embraced their sense of collective responsibility. They have accepted the seamless case of genocide and its implications are part of the national soul. They have come to full reckoning, determined to remember a difficult past and not repeat it. The Austrians, the Dutch, and the Poles have yet to reach the point of confession or even an awareness of responsibility. Perhaps the most remarkable symbol of national responsibility is the grassroots Stolperstein or Stumble Stone project, which began in Germany in 1992 with the goal to remember the victims of the Holocaust individually. Cobblestone-size concrete ...


A Cross-Sectional Exploration Of Household Financial Reactions And Homebuyer Awareness Of Registered Sex Offenders In A Rural, Suburban, And Urban County., John Charles Navarro 2017 University of Louisville

A Cross-Sectional Exploration Of Household Financial Reactions And Homebuyer Awareness Of Registered Sex Offenders In A Rural, Suburban, And Urban County., John Charles Navarro

Electronic Theses and Dissertations

As stigmatized persons, registered sex offenders betoken instability in communities. Depressed home sale values are associated with the presence of registered sex offenders even though the public is largely unaware of the presence of registered sex offenders. Using a spatial multilevel approach, the current study examines the role registered sex offenders influence sale values of homes sold in 2015 for three U.S. counties (rural, suburban, and urban) located in Illinois and Kentucky within the social disorganization framework. Homebuyers were surveyed to examine whether awareness of local registered sex offenders and the homebuyer’s community type operate as moderators between ...


The Ethics Of Representing Founders, Paul R Tremblay 2017 Boston College Law School

The Ethics Of Representing Founders, Paul R Tremblay

Boston College Law School Faculty Papers

Lawyers assisting entrepreneurial startups frequently work with individual founders before any formal organizational client materializes. In advising founders about such legal matters as whether to establish an entity, and if so which entity best fits the needs of the enterprise, as well as how to arrange the owners’ relationships within the business, the lawyer necessarily has an attorney-client relationship with someone. The prevailing scholarship about startup representation pays surprisingly little attention to the posture of the lawyer and her founder clients in the pre-organization context. This Article investigates the lawyer’s responsibilities and commitments in depth.

A lawyer working with ...


The Path To Lawyer Well-Being: Practical Recommendations For Positive Change (The Report Of The National Task Force On Lawyer Well-Being), Part Ii, Recommendations For Law Schools, David Jaffe 2017 Selected Works

The Path To Lawyer Well-Being: Practical Recommendations For Positive Change (The Report Of The National Task Force On Lawyer Well-Being), Part Ii, Recommendations For Law Schools, David Jaffe

David Jaffe

This Report, the result of the contributions of a number of individuals from national committees, presents recommendations for the health and well-being of law students, lawyers and judges in the United States. David Jaffe was lead author for the section on law schools. More information is available here: https://www.americanbar.org/groups/lawyer_assistance/task_force_report.html


You Snooze, You Lose, And Your Client Gets A Retrial: United States V. Ragin And Ineffective Assistance Of Counsel In Sleeping Lawyer Cases, Kimberly Sachs 2017 Villanova University Charles Widger School of Law

You Snooze, You Lose, And Your Client Gets A Retrial: United States V. Ragin And Ineffective Assistance Of Counsel In Sleeping Lawyer Cases, Kimberly Sachs

Villanova Law Review

No abstract provided.


Yikes! Was I Wrong? A Second Look At The Viability Of Monitoring Capital Post-Conviction Counsel, Celestine Richards McConville 2017 University of Maine School of Law

Yikes! Was I Wrong? A Second Look At The Viability Of Monitoring Capital Post-Conviction Counsel, Celestine Richards Mcconville

Maine Law Review

When Albert Holland’s capital post-conviction counsel filed his state post-conviction motion in September 2002, twelve days remained in the one-year statute of limitations for filing a federal habeas petition. While Holland might not have known exactly how much time was left in the federal limitations period, he knew he wanted to preserve his right to federal review, that the limitations period was tolled during non-discretionary state post-conviction review, and that he would be under the gun to get the federal petition filed once the Florida Supreme Court issued its decisions. And he made no ones about his desire to ...


Philosophical Legal Ethics: An Affectionate History, David Luban, W. Bradley Wendel 2017 Georgetown University

Philosophical Legal Ethics: An Affectionate History, David Luban, W. Bradley Wendel

Cornell Law Faculty Publications

The modern subject of theoretical legal ethics began in the 1970s. This brief history distinguishes two waves of theoretical writing on legal ethics. The "First Wave" connects the subject to moral philosophy and focuses on conflicts between ordinary morality and lawyers' role morality, while the "Second Wave" focuses instead on the role legal representation plays in maintaining and fostering a pluralist democracy. We trace the emergence of the First Wave to the larger social movements of the 1960s and 1970s; in the Conclusion, we speculate about possible directions for a Third Wave of theoretical legal ethics, based in behavioral ethics ...


Inextricably Bound: Strip Clubs, Prostitution, And Sex Trafficking, Dan O'Bryant 2017 Harvard University

Inextricably Bound: Strip Clubs, Prostitution, And Sex Trafficking, Dan O'Bryant

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Something Bad In Your Briefs, Richard H. Underwood 2017 University of Kentucky College of Law

Something Bad In Your Briefs, Richard H. Underwood

Richard H. Underwood

In a profession heavily driven by writing, plagiarism is an ethical issue that plagues the legal community. The legal profession generally views plagiarism as unethical, but often sends mixed messages by condemning it in some settings, but not others. In this short Commentary, Professor Underwood discusses the ethical implications of plagiarism in legal writing.


Lawyers Going Bare And Clients Going Blind, Leslie C. Levin 2017 University of Florida Levin College of Law

Lawyers Going Bare And Clients Going Blind, Leslie C. Levin

Florida Law Review

Many U.S. lawyers “go bare” and represent clients without maintaining malpractice insurance. Efforts to require these lawyers to carry lawyer professional liability (LPL) insurance have mostly foundered, due to bar opposition and concerns about the cost of insurance. As a compromise between protecting the public and protecting lawyers’ interests, many states now require lawyers to disclose whether they carry LPL insurance to clients, regulators, or both. This Article draws on survey data from Arizona, Connecticut and New Mexico lawyers that shed light on which lawyers go bare and the reasons why they do so. The Article then looks at ...


Coming To Grips With The Ethical Challenges For Capital Post-Conviction Representation Posed By Martinez V. Ryan, John H. Blume, W. Bradley Wendel 2017 University of Florida Levin College of Law

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

Florida Law Review

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 ...


Symposium On A Free Press And A Fair Trial - Introduction, Donald W. Dowd 2017 Selected Works

Symposium On A Free Press And A Fair Trial - Introduction, Donald W. Dowd

Donald W. Dowd

No abstract provided.


What It Means To Be A Lawyer In These Uncertain Times: Some Thoughts On Ethical Participation In The Legal Education Industry, Susan Carle 2017 Selected Works

What It Means To Be A Lawyer In These Uncertain Times: Some Thoughts On Ethical Participation In The Legal Education Industry, Susan Carle

Susan D. Carle

I will first take a quick look in Part II at the basic data regarding employment statistics for recent law school graduates. This is the primary source of concern cited by those who argue that legal education is in profound crisis. What those statistics show, in a nutshell, is that large law firm hiring is down, but that small firm hiring is up by even more significant amounts, and that salaries for employed graduates continue to rise. What also continues to rise is the new law graduate unemployment rate, though not by the exaggerated dimensions some reports imply. New lawyers ...


Moving From A Brandeis Brief To A Brandeis Law Firm: Challenges And Opportunities For Holistic Legal Services In The United States, Judith A. McMorrow 2017 Boston College Law School

Moving From A Brandeis Brief To A Brandeis Law Firm: Challenges And Opportunities For Holistic Legal Services In The United States, Judith A. Mcmorrow

Judith A. McMorrow

The need for multidisciplinary approaches to legal services has given rise to increasingly creative service delivery models. The phenomenon is a natural outgrowth of three important ideas that Louis Brandeis developed. First, his work gave rise to the concept of the Brandeis Brief, which in its broader meaning has become a metaphor for the relevance of such social science insights to legal problem-solving. Second, Brandeis introduced the concept of “counsel for the situation” to capture a vision of lawyering that provided a broader identification of the interests involved, again with an orientation on problem-solving. A third idea championed by Brandeis ...


Public Resource Ownership And Community Engagement In A Modern Energy Landscape, Samantha Hepburn 2017 Centre for Energy and Natural Resources Law, Deakin Law School, Australia

Public Resource Ownership And Community Engagement In A Modern Energy Landscape, Samantha Hepburn

Pace Environmental Law Review

The onshore resource conflicts that have erupted in the Eastern states of Australia highlight the deep need for axiomatic structural change in public resource ownership frameworks. Much of the conflict that has arisen stems from the failure of the state, as owner, to give proper regard to the social and environmental concerns relevant to the expansion of onshore resource development. The underlying rationale for vesting resources in the state is to ensure they are managed for the benefit of the community as a whole. The implied sumption is that public benefit obligations are met through state administration because this is ...


Video: Representing Charities: Profit V. Non Profit, Adam Goldberg 2017 Nova Southeastern University

Video: Representing Charities: Profit V. Non Profit, Adam Goldberg

Law Center Plus Seminar Series

his particular seminar is designed to educate attorneys what to request prior to becoming a Board Member including but not limited to:

  • Is there a Board Orientation?
  • What is the Board's Liability?
  • How to read IRS Form 990 and Financial Statements
  • Legal Issues facing Charitable Organizations
  • Best Practices

Learning Outcomes include:

  1. Difference between Tax Exempt and Not-For-Profit & Calendar v. Fiscal Year
  2. Serving as a Board Member
  3. Representing Charitable Organizations/Tax Exempt Organizations as Legal Counsel
  4. Ethical Considerations for Exempt Organizations Practitioners


Chief Justice William Howard Taft's Conception Of Judicial Integrity: The Legal History Of Tumey V. Ohio, Joshua Kastenberg 2017 University of New Mexico School of Law

Chief Justice William Howard Taft's Conception Of Judicial Integrity: The Legal History Of Tumey V. Ohio, Joshua Kastenberg

Cleveland State Law Review

In 1927, Chief Justice William Howard Taft led a unanimous Court to determine that, at minimum, the right to an impartial and independent judiciary meant that the judge had to lack a personal interest in the outcome of the trial. While the decision, Tumey v. Ohio, was based on a judge’s pecuniary interest, it was also part of Taft’s efforts to ensure that the nation’s judges, from the municipal courts to the Supreme Court had the public’s confidence in their integrity. Tumey, therefore, is not simply a decision on pecuniary interests. It can, and should, be ...


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