Digital Commons Network^™

Volume 13, Issue 1 (Spring 1990)

Transcript

No abstract provided.

Death By Lottery--Procedural Bar Of Constitutional Claims In Capital Cases Due To Inadequate Representation Of Indigent Defendants, Stephen B. Bright

West Virginia Law Review

No abstract provided.

The Adversarial System At Risk, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The most ominous recent development affecting the balance of forces in the adversary system is the unprecedented attack by prosecutors on criminal defense lawyers themselves. Grand jury subpoenas to attorneys, law office searches, disqualification motions, fee forfeiture proceedings, and, most recently, IRS attempts to enforce currency-reporting regulations do not seem to be isolated occurrences or mere happenstance. Rather, perhaps inspired by Shakespeare's injunction in Henry VI to "kill all the lawyers," some prosecutors appear to have concluded that the most effective way to prevail in the battle against crime is to cripple the defense lawyers, particularly those who represent defendants …

Changes In The State's Law Firm: The Powers, Duties And Operations Of The Office Of The Attorney General, The Honorable Lacy H. Thornburg

Campbell Law Review

No abstract provided.

The New York Law School Reporter, Vol 7, No. 9, March 1990, New York Law School

Student Newspapers

No abstract provided.

Class Of 1990 Five Year Report, University Of Michigan Law School

UMLS Alumni Survey Class Reports

This report summarizes the findings of a questionnaire sent to University of Michigan Law School alumni five years after graduation.

A Brief Argument For Greater Control Of Litigation Discretion - The Public Interest And Public Choice Contexts, 23 J. Marshall L. Rev. 215 (1990), Walter J. Kendall Iii

UIC Law Review

No abstract provided.

The Role Of The Lawyer In Society, Wm. Reese Smith Jr.

St. Thomas Law Review

The task of adequately addressing the role of the lawyer in society is not without challenge because of the breadth and complexity of the subject. And necessarily, because my background has given me greater knowledge of the role of law and lawyers in the West, my analysis here draws heavily on the history and traditions of Western societies, while trying to be mindful of other legal traditions as well. Because the great difference among legal systems seems so obvious, perhaps one should begin by focusing on shared experiences in the development of the role of law in society. All legal …

Mandatory Pro Bono In Civil Cases: A Partial Answer To The Right Question: For, Michael Millemann

Maryland Law Review

No abstract provided.

Caplin & Drysdale, Chartered V. United States: Supreme Court Approves Attorney Fee Foreiture, 23 J. Marshall L. Rev. 471 (1990), Stephen M. Kightlinger

UIC Law Review

No abstract provided.

Lying To Clients, Lisa G. Lerman

Scholarly Articles

Moral philosopher Sissela Bok defines a lie as "any intentionally deceptive message which is stated." She defines deception more broadly, as encompassing "messages meant to mislead [others] ... through gesture, through disguise, by means of action or inaction, even through silence." This broader category of deception is the subject of study here. This Article will examine overt misstatements and deliberate omissions or failures to disclose information. The determining factor in identifying deception is the lawyer's intent. If the lawyer intends to deceive a client, he or she may accomplish this by telling a lie or by withholding information. Deception by …

The Attorney General: Political Loyalty V. Professional Responsibility - The Ethical Challenge In Serving Three Masters, 23 J. Marshall L. Rev. 229 (1990), Paula K. Maguire

UIC Law Review

No abstract provided.

The Devolution Of The Legal Profession: A Demand Side Perspective , Ronald J. Gilson

Maryland Law Review

No abstract provided.

Corporate Law Practice As A Public Calling, Robert W. Gordon

Maryland Law Review

No abstract provided.

Should A Good Lawyer Do The Right Thing? David Luban On The Morality Of Adversary Representation, David Wasserman

Maryland Law Review

No abstract provided.

Freedom And Constraint In Legal Ethics: Some Mid-Course Corrections To Lawyers And Justice, David Luban

Maryland Law Review

No abstract provided.

Addressing The Needs Of Attorneys For The Damned, Sean O'Brien

Faculty Works

This article is an introduction to the UMKC Law Review symposium issue dedicated to exploring the topic of capital punishment. UMKC Professor of Law Sean O’Brien shares how the growing importance of capital litigation makes this a timely and appropriate subject for consideration and shares how the university and the Law Review's attention to the death penalty debate contributes to more than just academic discussion.

Rizzo V. Haines: An Attorney's Duty To Exercise Ordinary Skill And Knowledge In The Conduct Of Settlement Negotiations, Martin C. Bryce Jr.

Villanova Law Review (1956 - )

No abstract provided.

Mallard V. United States District Court: Attorney May Refuse Federal Judge's Request To Represent Civil Plaintiff Proceeding In Forma Pauperis, Fred Springer

Villanova Law Review (1956 - )

No abstract provided.

Kentucky's New Rules Of Professional Conduct For Lawyers, Eugene R. Gaetke

Law Faculty Scholarly Articles

On July 12, 1989, the Kentucky Supreme Court adopted its own version of the American Bar Association's 1983 Model Rules of Professional Conduct as the body of disciplinary law applicable to lawyers practicing in the state. These new rules constitute a major improvement in the state's law of legal ethics. Their adoption should be considered a victory for Kentucky lawyers and, more importantly, a victory for the people of the state, the ultimate beneficiaries of the regulation of the legal profession.

As with most victories, the adoption of the new rules was not unequivocally positive. Kentucky's version of the Model …

The Pro Bono Debate And Suggestions For A Workable Program, Sophia M. Deseran

Cleveland State Law Review

Although the concept of pro bono publico, the rendering of an attorney's services without or with substantially reduced compensation, has been in existence for centuries, there has been an increasing interest in the question of whether this public service can be made a mandatory one. This note will explore the development of a mandatory service requirement by reviewing the American treatment of such an obligation. Some attention will be given to foreign approaches as well. In addition, the need for legal assistance will be analyzed. Finally, in view of the uncertain status of a mandatory pro bono system, suggestions for …

Kentucky's New Rules Of Professional Conduct For Lawyers, Eugene R. Gaetke

Kentucky Law Journal

No abstract provided.

Unauthorized Legal Practice Prosecutions And Independent Paralegals In Ontario And The United States, John A. Flood, Frederick H. Zemans

Articles & Book Chapters

The issue of unauthorized legal practice involves questions of professionalism and market protection. The legal profession, like other professions, is seen a being particularly successful at excluding others from its area of jurisdiction. Disputes over jurisdiction occur at the edge of this jurisdiction, specifically when certain condition arise. The e conditions are characterized by the "indetermination/ technicality (I/T) ratio", where "I" represents the ideological underpinning of the profession and "T" represents the technical knowledge. "If either the knowledge base or the ideological underpinning deteriorates, the occupation will lose control over its spheres of activity....For an occupation or a profession to …

Court-Appointed Attorneys: Old Problems And New Solutions, H. Patrick Furman

Publications

No abstract provided.

Expanding Pro Bono Legal Assistance In Civil Cases To Maryland's Poor, Benjamin L. Cardin, Robert J. Rhudy

Maryland Law Review

No abstract provided.

Mandatory Pro Bono In Civil Cases: The Wrong Answer To The Right Question: Against, Esther F. Lardent

Maryland Law Review

No abstract provided.

A Step Towards Fairness In Capital Litigation: Missouri Resource Center, Sean O'Brien

Faculty Works

No abstract provided.

Strategic Research In Law And Society, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.

The Devolution Of The Legal Profession: A Demand Side Perspective, Ronald J. Gilson

Faculty Scholarship

Economic analysis has not played a significant role in the increasingly intense debate over the decline of professionalism among lawyers.Economists' lack of interest in the issue may be understandable. The lawyers' lament is that the legal profession is devolving into the business of law. That this concern has not captured the economists' attention may reflect only that economists do not view the label "business" as a pejorative. If becoming a business means efficiently rendering an important service in a competitive environment, then of what is there to complain?

Lawyers, more directly concerned with maintaining their professional status, would find little …

Book Review Of National Directory Of Legal Services, James S. Heller

Library Staff Publications

No abstract provided.