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Full-Text Articles in Law

The Word Is "Humility": Why The Supreme Court Needed To Adopt A Code Of Judicial Ethics, Laurie L. Levenson Apr 2024

The Word Is "Humility": Why The Supreme Court Needed To Adopt A Code Of Judicial Ethics, Laurie L. Levenson

Pepperdine Law Review

The Supreme Court is one of our most precious institutions. However, for the last few years, American confidence in the Court has dropped to a new low. Less than 40% of Americans have confidence in the Court and its decisions. Recent revelations regarding luxury trips, gifts, and exclusive access for certain individuals to the Justices have raised questions about whether the Justices understand their basic ethical duties and can act in a fair and impartial manner. As commentators have noted, the Supreme Court stood as the only court in America that was not governed by an ethical code. The question …


Interpreting Ethics Rules, Samuel J. Levine Feb 2024

Interpreting Ethics Rules, Samuel J. Levine

Pepperdine Law Review

This Article explores the interpretation of ethics rules through the prism of two rules that have been the subject of ongoing controversy and contention: Rule 4.2, the “no-contact” rule, which prohibits a lawyer from communicating with a represented client absent the consent of that client’s lawyer, and Rule 8.4(g), which prohibits various forms of discrimination and harassment. Each of these rules provides a model for a wider examination of different interpretive approaches to ethics rules, grounded in different attitudes toward the features and functions of ethics codes. Specifically, the debate revolving around Rule 4.2 illustrates competing approaches to interpreting a …


"Agape" And The Life And Work Of Robert F. Cochran, Jr., Angela C. Carmella Mar 2020

"Agape" And The Life And Work Of Robert F. Cochran, Jr., Angela C. Carmella

Pepperdine Law Review

The life and work of Robert Cochran can be summed up in one word: discipleship. Professor Cochran’s work reflects deeply on Jesus’s words and ministry—His agapic love for all humanity—as they relate to the substance of law and its administration. Professor Cochran’s work establishes two important principles: the need to focus on Jesus’s love as the starting place for analysis and the need to reclaim justice as a central Christian concept. His many volumes help us to understand how it is possible to comprehend lawmaking as an act of agapic love. Further, they provide a roadmap for the Christian’s journey, …


Children’S Anatomy V. Children’S Autonomy: A Precarious Balancing Act With Preimplantation Genetic Diagnosis And The Creation Of “Savior Siblings”, Marley Mcclean May 2016

Children’S Anatomy V. Children’S Autonomy: A Precarious Balancing Act With Preimplantation Genetic Diagnosis And The Creation Of “Savior Siblings”, Marley Mcclean

Pepperdine Law Review

On February 3, 2015, Members of the United Kingdom’s Parliament, in an historical move, voted to approve the creation of human beings from three different parents, i.e., the creation of three-person DNA. In doing so, it became the first country ever to approve laws regulating such a procedure. The procedure uses a customized version of in vitro fertilization (IVF) to mix the DNA of two parents with the healthy mitochondria of a donor woman. While three-person DNA is not yet practiced in the United States, there is a controversial ART procedure practiced and unregulated in the United States that also …


The Universal Remedy For Attorney Abandonment: Why Holland V. Florida And Maples V. Thomas Give All Courts The Power To Vacate Civil Judgments Against Abandoned Clients By Way Of Rule 60(B)(6), Stephen White Feb 2015

The Universal Remedy For Attorney Abandonment: Why Holland V. Florida And Maples V. Thomas Give All Courts The Power To Vacate Civil Judgments Against Abandoned Clients By Way Of Rule 60(B)(6), Stephen White

Pepperdine Law Review

This Article argues that Federal Rule of Civil Procedure 60(b)(6) is the only remedy that courts can always rely on to enforce this power. The universal availability of this statutory rule, which states that courts can vacate judgments against parties “for any . . . reason that justifies relief,” ensures that courts can safeguard clients from the conduct of attorneys who have abandoned them. Part II of this Comment provides an overview of the distinct models the Supreme Court has utilized to evaluate attorney misconduct and the circumstances that bind clients to that misconduct. Part II also describes in detail …


The Scope Of Discovery Of Legal Ethics In Class Action Litigation, Bernard W. Freedman May 2013

The Scope Of Discovery Of Legal Ethics In Class Action Litigation, Bernard W. Freedman

Pepperdine Law Review

No abstract provided.


Weatherford V. Bursey: "Surreptitious Invasion… Into The Legal Camp Of The Defense", Paul H. Voss May 2013

Weatherford V. Bursey: "Surreptitious Invasion… Into The Legal Camp Of The Defense", Paul H. Voss

Pepperdine Law Review

No abstract provided.


Legal Education: Rethinking The Problem, Reimagining The Reforms, Deborah L. Rhode Feb 2013

Legal Education: Rethinking The Problem, Reimagining The Reforms, Deborah L. Rhode

Pepperdine Law Review

Whether or not law schools are in a crisis, it is certainly true that legal education currently faces a number of significant challenges. The fundamental problem is a lack of consensus over what the problem is. Legal educators and regulators are developing well-intended but inadequate responses to the symptoms, not the causes of law school woes. In addition to identifying the problem, this Article discusses potential reforms. Financial issues represent a significant source of much of the current criticisms face by law schools today. Tuition rates have increased at a pace far outstripping the steep hikes seen at universities as …


How To Make Rules For Lawyers: The Professional Responsibility Of The Legal Profession, Stephen Gillers Feb 2013

How To Make Rules For Lawyers: The Professional Responsibility Of The Legal Profession, Stephen Gillers

Pepperdine Law Review

When considering the professional responsibilities of American lawyers, two questions often arise: (1) whether a particular rule strikes the right balance among the multiple interests it purports to reconcile and (2) whether in a particular circumstance a lawyer's or law firm's behavior complied with the governing rules. This article explores a third question. What is the responsibility of the profession itself when, through its various institutions and especially bar associations, it asks courts, lawmakers, or agencies to adopt particular rules governing the conduct of lawyers? Rather than exploring the discussing the conduct of individual lawyers or the correctness of any …


Louis D. Brandeis And The Lawyer Advocacy System, Robert F. Cochran Jr. Feb 2013

Louis D. Brandeis And The Lawyer Advocacy System, Robert F. Cochran Jr.

Pepperdine Law Review

The law practice of Louis Brandeis serves as an appropriate vehicle for examining both the history of the legal profession in the United States and the role of lawyers as philanthropists. Brandeis was one of America's most successful and innovative lawyers at the turn of the twentieth century, and serves as a role model for lawyers in his dedication to public service. Brandeis, of course, is best known for his work as a Justice on the United States Supreme Court; however, he is less well known for his work as a lawyer-though he practiced law for 40 years before he …


The Lawyer Of The Future, Deanell Reece Tacha Feb 2013

The Lawyer Of The Future, Deanell Reece Tacha

Pepperdine Law Review

This piece introduces the Pepperdine Law Review symposium issue for Volume 40, publishing articles derived from the April 20, 2012 The Lawyer of the Future: Exploring the Impact of Past and Present Lawyers and the Lessons They Provide for Future Generations symposium, which explored the role of the lawyer in American society-past, present, and future.


People V. Perez - Misapplication Of The Right To Counsel, William A. Roberts, Greg F. Janson Feb 2013

People V. Perez - Misapplication Of The Right To Counsel, William A. Roberts, Greg F. Janson

Pepperdine Law Review

No abstract provided.


The Case For "Higher Law", John Warwick Montgomery Feb 2013

The Case For "Higher Law", John Warwick Montgomery

Pepperdine Law Review

No abstract provided.


Bauguess V. Paine: The Denial Of The Attorney Fee Sanction At The (Mis)Trial Stage, Steven D. Campen Feb 2013

Bauguess V. Paine: The Denial Of The Attorney Fee Sanction At The (Mis)Trial Stage, Steven D. Campen

Pepperdine Law Review

No abstract provided.


Gibson, Dunn & Crutcher V. Superior Court: The Attorney's Right To Cross-Complain For Equitable Indemnification From An Opposing Attorney, Joseph E. Thomas Feb 2013

Gibson, Dunn & Crutcher V. Superior Court: The Attorney's Right To Cross-Complain For Equitable Indemnification From An Opposing Attorney, Joseph E. Thomas

Pepperdine Law Review

No abstract provided.


Evaluation Of Judicial Performance: A Tool For Self-Improvement, Richard L. Aynes Feb 2013

Evaluation Of Judicial Performance: A Tool For Self-Improvement, Richard L. Aynes

Pepperdine Law Review

The quality of our judicial system, like other institutions, is a function of the work performed by those who are afforded major roles in the dispensation of justice. Unmistakably. judges, jurors and lawyers assume key roles in this process. Professor Aynes, who is a member of the A.B.A.'s Evaluation of Judicial Performance Committee, recognizes that both judges and lawyers, unlike jurors, are professionals expected to bring more to the bench than honesty, good faith and diligence. The author observes that while efforts to improve the daily performance of attorneys have been well under way since the early 1970's, it i …


A Constitutional Determination Of The Duty Of Court-Appointed Appellate Counsel: An Analysis Of Jones V. Barnes , Catherine D. Purcell Feb 2013

A Constitutional Determination Of The Duty Of Court-Appointed Appellate Counsel: An Analysis Of Jones V. Barnes , Catherine D. Purcell

Pepperdine Law Review

No abstract provided.


The Constitution Should Protect Everyone - Even Lawyers, Arthur Gilbert, William Gorenfeld Jan 2013

The Constitution Should Protect Everyone - Even Lawyers, Arthur Gilbert, William Gorenfeld

Pepperdine Law Review

No abstract provided.


Guiding The Invisible Hand: The Consumer Protection Function Of Unauthorized Practice Regulation, Elizabeth Michelman Jan 2013

Guiding The Invisible Hand: The Consumer Protection Function Of Unauthorized Practice Regulation, Elizabeth Michelman

Pepperdine Law Review

No abstract provided.


The Grand Jury Subpoena: Is It The Prosecutor's "Ultimate Weapon" Against Defense Attorneys And Their Clients?, Tara A. Flanagan Jan 2013

The Grand Jury Subpoena: Is It The Prosecutor's "Ultimate Weapon" Against Defense Attorneys And Their Clients?, Tara A. Flanagan

Pepperdine Law Review

No abstract provided.


The Sanction Provision Of The New California Civil Discovery Act, Section 2023: Will It Make A Difference Or Is It Just Another "Paper Tiger"? , Timothy Michael Donovan Jan 2013

The Sanction Provision Of The New California Civil Discovery Act, Section 2023: Will It Make A Difference Or Is It Just Another "Paper Tiger"? , Timothy Michael Donovan

Pepperdine Law Review

No abstract provided.


Benign Sex Discrimination Revisited: Constitutional And Moral Issues In Banning Sex-Selection Abortion , George Schedler Jan 2013

Benign Sex Discrimination Revisited: Constitutional And Moral Issues In Banning Sex-Selection Abortion , George Schedler

Pepperdine Law Review

No abstract provided.


Antitrust Implications Of Medical Peer Review: Balancing The Competing Interests , Joan M. Ruane Jan 2013

Antitrust Implications Of Medical Peer Review: Balancing The Competing Interests , Joan M. Ruane

Pepperdine Law Review

No abstract provided.


Mandatory Disclosure: California Bar Refuses To Adopt Proposed Rule To Confront Client Perjury , David B. Wasson Jan 2013

Mandatory Disclosure: California Bar Refuses To Adopt Proposed Rule To Confront Client Perjury , David B. Wasson

Pepperdine Law Review

No abstract provided.


Mandatory Pro Bono: The Path To Equal Justice, John R. Desteiguer Jan 2013

Mandatory Pro Bono: The Path To Equal Justice, John R. Desteiguer

Pepperdine Law Review

No abstract provided.


Response To "One Year After Dondi: Time To Get Back To Litigating?", Thomas M. Reavley Jan 2013

Response To "One Year After Dondi: Time To Get Back To Litigating?", Thomas M. Reavley

Pepperdine Law Review

No abstract provided.


One Year After Dondi: Time To Get Back To Litigating?, William A. Brewer Iii, Francis B. Majorie Jan 2013

One Year After Dondi: Time To Get Back To Litigating?, William A. Brewer Iii, Francis B. Majorie

Pepperdine Law Review

No abstract provided.


Sanctions - Stepchild Or Natural Heir To Trial And Appellate Court Delay Reduction?, Fred Woods Jan 2013

Sanctions - Stepchild Or Natural Heir To Trial And Appellate Court Delay Reduction?, Fred Woods

Pepperdine Law Review

No abstract provided.


Rambo Litigators: Pitting Aggressive Tactics Against Legal Ethics, Thomas M. Reavley Jan 2013

Rambo Litigators: Pitting Aggressive Tactics Against Legal Ethics, Thomas M. Reavley

Pepperdine Law Review

No abstract provided.


Introduction, Ronald F. Phillips Jan 2013

Introduction, Ronald F. Phillips

Pepperdine Law Review

No abstract provided.