Poverty, The Great Unequalizer: Improving The Delivery System For Civil Legal Aid, 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", 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.
An Investigation Into Best Practices And Lessons Learnt With Respect To China's Crackdown On Corruption, 2018 University of Pennsylvania
An Investigation Into Best Practices And Lessons Learnt With Respect To China's Crackdown On Corruption, Dominic Kwok
Joseph Wharton Scholars
Corruption is a well-documented problem in China, as well as many other developed and undeveloped countries across the world. The problem is particularly pronounced in countries that have undergone rapid economic transformation, allowing large amounts of wealth to fall into the hands of a select few individuals. Although corruption has been researched extensively, what is less covered are potential solutions that the country, and others looking to carry out similar reform, could use to combat corruption most effectively. As China has transitioned from a planned economy to a market economy, and the economy has become more powerful than ever, corruption ...
Celebrating Mundane Conflict, 2018 University of Colorado Law School
Celebrating Mundane Conflict, Deborah J. Cantrell
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 ...
(At Least) Thirteen Ways Of Looking At Election Lies, 2018 University of Colorado Law School
(At Least) Thirteen Ways Of Looking At Election Lies, Helen Norton
Lies take many forms. Because lies vary so greatly in their motivations and consequences (among many other qualities), philosophers have long sought to catalog them to help make sense of their diversity and complexity. Legal scholars too have classified lies in various ways to explain why we punish some and protect others. This symposium essay offers yet another taxonomy of lies, focusing specifically on election lies — that is, lies told during or about elections. We can divide and describe election lies in a wide variety of ways: by speaker, by motive, by subject matter, by audience, by means of delivery ...
Undocumented Citizens Of The United States: The Repercussions Of Denying Birth Certificates, 2018 St. Mary's University School of Law
Undocumented Citizens Of The United States: The Repercussions Of Denying Birth Certificates, Anna L. Lichtenberger
St. Mary's Law Journal
Finality Of A Conviction: A Noncitizen's Right To Procedural Due Process, 2018 St. Mary's University
Finality Of A Conviction: A Noncitizen's Right To Procedural Due Process, Daniela Mondragon
St. Mary's Law Journal
At Your Service: Lawyer Discretion To Assist Clients In Unlawful Conduct, 2018 Boston College Law School
At Your Service: Lawyer Discretion To Assist Clients In Unlawful Conduct, Paul R. Tremblay
Boston College Law School Faculty Papers
The common, shared vision of lawyers’ ethics holds that lawyers ought not collaborate with clients in wrongdoing. Ethics scholars caution that lawyers “may not participate in or assist illegal conduct,” or “giv[e] legal services to clients who are going to engage in unlawful behavior with the attorney as their accomplice.” That sentiment resonates comfortably with the profession’s commitment to honor legal obligations and duties, and to fidelity to the law.
The problem with that sentiment, this Article shows, is that it is not an accurate statement of the prevailing substantive law. The American Bar Association’s model standards ...
It’S All Your Fault!: Examining The Defendant’S Use Of Ineffective Assistance Of Counsel As A Means Of Getting A “Second Bite At The Apple.”, 2018 Southern University Law Center
It’S All Your Fault!: Examining The Defendant’S Use Of Ineffective Assistance Of Counsel As A Means Of Getting A “Second Bite At The Apple.”, Prentice L. White
Dickinson Law Review
The United States Constitution provides individuals convicted of a crime with “a second bite at the apple.” The Sixth Amendment provides an avenue to appeal one’s conviction based on the claim of “ineffective assistance of counsel.” What were the Framers’ true intentions in using the phrase “effective assistance of counsel”? How does the Antiterrorism and Effective Death Penalty Act (AEDPA) of 1996 affect habeas corpus appeals? This article answers these questions through the eyes of Thomas—a fictional character who is appealing his murder conviction.
This article first looks at the history surrounding effective assistance of counsel and discusses ...
Professional Judgment In An Era Of Artificial Intelligence And Machine Learning, 2018 University of Maryland Francis King Carey School of Law
Professional Judgment In An Era Of Artificial Intelligence And Machine Learning, Frank A. Pasquale
No abstract provided.
The Truth Of The Matter: Why The Social Contract Dictates Legal Scholar's Sincerity, Candor, & Thoroughness, 2018 Florida Agricultural and Mechanical University
The Truth Of The Matter: Why The Social Contract Dictates Legal Scholar's Sincerity, Candor, & Thoroughness, Nicola A. Boothe-Perry
Legal scholars have filled books, treatises, magazines, journals and law reviews with various writings ranging from highly intricate and complex theses to oversimplified and homogenous explanations. In all its forms, legal scholarship has been both touted and taunted by external and internal critics throughout the years. Some suggest that legal scholarship should holistically "frame recommendations to responsible decision makers," and more specifically "help the reader understand law." Others suggest that it should be used to bring "restraint, proportion, perspective and atmosphere" into the legal landscape and society at large. Whatever its stated purpose and whether it be doctrinal, descriptive or ...
Ethics Issues Inherent In Special Immigrant Juvenile State Court Proceedings - Practical Proposals For Intractable Problems, 2018 Boston College Law School
Ethics Issues Inherent In Special Immigrant Juvenile State Court Proceedings - Practical Proposals For Intractable Problems, Alexis Anderson
Boston College Law School Faculty Papers
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 ...
Dorothy Moser Medlin Papers - Accession 1049, 2018 Winthrop University
Dorothy Moser Medlin Papers - Accession 1049, Dorothy Moser Medlin
(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 ...
Ahead Of His Time: Cardozo And The Current Debates On Professional Responsibility, 2018 Touro College Jacob D. Fuchsberg Law Center
Ahead Of His Time: Cardozo And The Current Debates On Professional Responsibility, Alberto Bernabe
Touro Law Review
No abstract provided.
The Ethical Practice Of Human-Centered Civil Justice Design, 2018 Indiana University Maurer School of Law
The Ethical Practice Of Human-Centered Civil Justice Design, Victor D. Quintanilla, Haley Hinkle
Articles by Maurer Faculty
Over the past two decades, legal professionals have increasingly engaged in a new form of professional activity: civil justice design. In the past, legal professionals handled cases and transactions for clients or served as neutrals, including mediators and arbitrators, who helped to resolve disputes between parties. Today, legal professionals increasingly play a principal design role in creating systems that resolve streams of conflicts, disputes, and grievances between parties. Lawyers regularly now create internal grievance procedures, procedures for companies to resolve disputes with customers, and court-annexed alternative dispute resolution systems. The emergence of this new role raises difficult questions about the ...
Good Person, Good Prosecutor In 2018, 2018 Georgetown University Law Center
Good Person, Good Prosecutor In 2018, Abbe Smith
Georgetown Law Faculty Publications and Other Works
Nearly twenty years ago, I wrote an essay on the ethics of prosecution in a time of mass incarceration called “Can You Be a Good Person and a Good Prosecutor?” I am both pleased and perplexed that the essay, which caused some controversy at the time, continues to strike a chord—at least with the organizers of this online conversation. I appreciate the invitation to weigh in on whether you can be a good person and a good prosecutor in 2018.
A Penal Colony For Bad Lawyers, 2018 Elisabeth Haub School of Law at Pace University
A Penal Colony For Bad Lawyers, Bennett L. Gershman
Pace Law Faculty Publications
In this article I set out what I believe is an extreme and unconventional way to discipline egregiously bad lawyers. For starters, I think it might be useful to survey briefly the kinds of lawyering conduct currently subject to disciplinary sanctions. Regulation of the conduct of defense lawyers in the U.S. is hedged by various legal and professional rules that are enforced by courts and disciplinary bodies essentially to ensure a minimum level of competent and ethical representation. The Sixth Amendment right to counsel--the so-called “sacred” right--seeks to ensure at least a reasonable degree of lawyering skill. Also, professional ...
Happy Birthday Siri! Dialing In Legal Ethics For Artificial Intelligence, Smartphones, And Real Time Lawyers, 2018 University of Miami School of Law
Happy Birthday Siri! Dialing In Legal Ethics For Artificial Intelligence, Smartphones, And Real Time Lawyers, Jan L. Jacobowitz Ms., Justin Ortiz
No abstract provided.
Professional Liability, 2018 Carrington Coleman
Professional Liability, Evan A. Kirkham, Derrick R. Ward, Lance G. Henderson
SMU Annual Texas Survey
No abstract provided.
Legal Ethics And The Political Activity Of Government Lawyers, 2018 Allard School of Law at the University of British Columbia
Legal Ethics And The Political Activity Of Government Lawyers, Andrew Flavelle Martin
The ability to engage in political activity is an essential feature of a democratic society. However, the ability of government lawyers to do so is unclear. While most governments have passed legislation identifying permissible political activity of their employees, it is unclear how the professional obligations of lawyers apply in this context and how these professional obligations interact with this legislation. This article answers these questions. The duty of loyalty to the client requires most government lawyers to refrain from all political activity at the same level of government. The special professional obligations of Crown prosecutors require these lawyers to ...