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Articles 1 - 30 of 61
Full-Text Articles in Law
Legal Ethics, J. Randolph Evans, Anthony W. Morris
Legal Ethics, J. Randolph Evans, Anthony W. Morris
Mercer Law Review
In 1989, the Supreme Court of Georgia and the State Bar of Georgia embarked upon what they considered a long-range project-to raise the level of professionalism of lawyers in the state. Accordingly, the Georgia Supreme Court established the Chief Justice's Commission on Professionalism, the first such body of its kind in the entire nation. Its primary mission is to ensure that the practice of law is engaged in the service not only of the client, but also of the public at large.
During the past year, the Georgia appellate courts have focused their attention on professionalism. The courts issued significant …
Rank Strangers To Me: Shaffer And Cochran's Friendship Model Of Moral Counseling In The Law Office, Jack L. Sammons
Rank Strangers To Me: Shaffer And Cochran's Friendship Model Of Moral Counseling In The Law Office, Jack L. Sammons
University of Arkansas at Little Rock Law Review
No abstract provided.
A New Standard For Disbarments: Misappropriation Through Gross Negligence - North Carolina State Bar V. Ford, Michael J. Dayton
A New Standard For Disbarments: Misappropriation Through Gross Negligence - North Carolina State Bar V. Ford, Michael J. Dayton
North Carolina Central Law Review
No abstract provided.
Lawyers As Strangers And Friends: A Reply To Professor Sammons, Thomas L. Shaffer, Robert F. Cochran Jr.
Lawyers As Strangers And Friends: A Reply To Professor Sammons, Thomas L. Shaffer, Robert F. Cochran Jr.
University of Arkansas at Little Rock Law Review
No abstract provided.
Jacob's Blessing: A Review Of Shaffer's And Cochran's Model Of Moral Counseling, John M.A. Dipippa
Jacob's Blessing: A Review Of Shaffer's And Cochran's Model Of Moral Counseling, John M.A. Dipippa
University of Arkansas at Little Rock Law Review
No abstract provided.
Lawyers, Clients, And Money, John M.A. Dipippa
Lawyers, Clients, And Money, John M.A. Dipippa
University of Arkansas at Little Rock Law Review
No abstract provided.
Mass Torts -- Messy Ethics, Charles W. Wolfram
Mass Torts -- Messy Ethics, Charles W. Wolfram
Cornell Law Review
No abstract provided.
Reconciling Professionalism And Client Interests, Fred C. Zacharias
Reconciling Professionalism And Client Interests, Fred C. Zacharias
William & Mary Law Review
No abstract provided.
Professional Responsibility And Choice Of Law: A Client-Based Alternative To The Model Rules Of Professional Conduct, Colin Owyang
Professional Responsibility And Choice Of Law: A Client-Based Alternative To The Model Rules Of Professional Conduct, Colin Owyang
University of Michigan Journal of Law Reform
Because of the increasingly interstate nature of legal practice during the past few decades, practitioners licensed in multiple jurisdictions have been forced more frequently to confront choice-of-law dilemmas in the area of professional responsibility. Although most states have adopted fairly uniform regulations on professional ethics, only the recently amended American Bar Association's Model Rules of Professional Conduct contain a specific provision that addresses the choice-of-law problem in the professional responsibility context. This Note outlines certain ethical considerations facing the multistate practitioner and argues that the choice-of-law provision in the Model Rules of Professional Conduct provides insufficient clarity and predictability where …
Cross-Examining Legal Ethics: The Roles Of Intentions, Outcomes, And Character, R. George Wright
Cross-Examining Legal Ethics: The Roles Of Intentions, Outcomes, And Character, R. George Wright
Kentucky Law Journal
No abstract provided.
Doctors, Aids, And Confidentiality In The 1990s, 27 J. Marshall L. Rev. 331 (1994), Sheila Taub
Doctors, Aids, And Confidentiality In The 1990s, 27 J. Marshall L. Rev. 331 (1994), Sheila Taub
UIC Law Review
No abstract provided.
If I Tell You, Will You Treat Me, 27 J. Marshall L. Rev. 363 (1994), Mauro A. Montoya Jr.
If I Tell You, Will You Treat Me, 27 J. Marshall L. Rev. 363 (1994), Mauro A. Montoya Jr.
UIC Law Review
No abstract provided.
Self-Inflicted Wounds: The Duty To Disclose Damaging Legal Authority, Angela Gilmore
Self-Inflicted Wounds: The Duty To Disclose Damaging Legal Authority, Angela Gilmore
Cleveland State Law Review
This article analyzes Rule 3.3(a)(3) and its implications for opposing parties in an adversarial legal system. The article's conclusion is that strict compliance with Rule 3.3(a)(3) by all members of the Bar is necessary to preserve the integrity of the legal system. Circumvention of the Rule is a disservice to the legal system. Part II explains Rule 3.3(a)(3) so that lawyers can grasp the ethical duty owed. Part III examines three roles simultaneously played by a lawyer: a representative of clients, an officer of the legal system, and a private citizen having a special responsibility for the quality of justice.7 …
Is There A Solution To The Problem Of Lawyer Stress - The Law School Perspective, James J.A. Alfini, Joseph N. Van Vooren
Is There A Solution To The Problem Of Lawyer Stress - The Law School Perspective, James J.A. Alfini, Joseph N. Van Vooren
Journal of Law and Health
What is the result of all this stress? As previously noted in the Beck, Sales, and Benjamin study, more and more attorneys are turning to alcohol as a "stress reliever." Also, a higher percentage of lawyers are dissatisfied with their personal relationships than the "normal population." A poll conducted for the New York Law Journal by a Manhattan polling firm found that of the lawyers polled who had been divorced, fifty-six percent asserted that their careers in the law had contributed to the breakup of their marriages. Of great concern is the fact that an increasing number of attorneys are …
Lawyer Distress: Alcohol-Related Problems And Other Psychological Concerns Among A Sample Of Practicing Lawyers, Connie J.A. Beck, Bruce D. Sales, G. Andrew H. Benjamin
Lawyer Distress: Alcohol-Related Problems And Other Psychological Concerns Among A Sample Of Practicing Lawyers, Connie J.A. Beck, Bruce D. Sales, G. Andrew H. Benjamin
Journal of Law and Health
The findings of the research reported in this study, in conjunction with earlier studies, suggest that the professional and the personal well-being of lawyers is in serious jeopardy. Lawyers are working more, reducing vacation time, spending less time with family members, are prone to alcohol abuse, and face high levels of psychological distress. The combination of elements suggests an impending crisis for lawyers' family lives. Although the data are not sufficient to suggest that psychological distress has detrimentally affected the lawyers' ability to practice competently, the warning signs are present. Further empirical study may well reveal that lawyer distress is …
Some Thoughts About Developing Constructive Approaches To Lawyer And Law Student Distress, Peter G. Glenn
Some Thoughts About Developing Constructive Approaches To Lawyer And Law Student Distress, Peter G. Glenn
Journal of Law and Health
I am convinced, on the basis of experience as a teacher at five law schools, that it is possible to establish a law school culture in which the administration and faculty can work effectively to substantially reduce the level of unnecessary law student distress. I believe, however, that accomplishing this on any large scale among the law schools generally might require not only implementation of many of the suggestions of Professors Glesner and Kutulakis, but also that we abandon the ideas that all law schools should be fundamentally similar, built on the model of a large-enrollment major research center, and …
Lawyer Distress: A Comment, Susan S. Locke
Lawyer Distress: A Comment, Susan S. Locke
Journal of Law and Health
I will not debate whether or not the practice of law creates dysfunction, requires dysfunction or perpetuates dysfunction. I am reminded of a colleague who, when looking at his law firm partners who practice in my field of estate planning asked, "Do you have to be eccentric to go into estate planning, or does it just make you that way after a while?" Probably the answer is a little of both, and it is as true for the practice of law in general as it is for estate planning. When the dust settles at some time in the future, we …
Ineffective Assistance Counsel
Appellate Review Of Criminal Cases In Texas - Foreword Foreword., Charles F. Baird
Appellate Review Of Criminal Cases In Texas - Foreword Foreword., Charles F. Baird
St. Mary's Law Journal
Abstract Forthcoming.
The Texas Homestead: The Last Bulwark Of Liberty Forum., Henry B. Gonzalez
The Texas Homestead: The Last Bulwark Of Liberty Forum., Henry B. Gonzalez
St. Mary's Law Journal
For more than 155 years Texans have adamantly supported the principle that the fundamental need for shelter justifies strict constitutional protection of homes from creditors in all but a few situations. This Article discusses where homestead protection came from and why it should not be lightly discarded. The Texas Constitution contains many rights and liberties for the protection and benefit of the state’s citizens. Unique among these treasured liberties is the protection of a person’s homestead from forced sale or foreclosure by creditors. A group of bankers and other financiers—for whom a homestead is nothing more than collateral and a …
Did We Treaty Away Ker-Frisbie Symposium - Human Rights In The Americas., Timothy D. Rudy
Did We Treaty Away Ker-Frisbie Symposium - Human Rights In The Americas., Timothy D. Rudy
St. Mary's Law Journal
This Article explores whether U.S. ratification of the International Covenant on Civil and Political Rights (Civil and Political Covenant) provides the American judiciary with reason to jettison the Ker-Frisbie doctrine. If the United States does not forego use of the Ker-Frisbie doctrine the country will violate its international obligations arising from a major human rights treaty. Part II discusses the customary norm of international law which forbids—and the American rule which permits—forcible abductions overseas. It also reviews whether extraterritorial abductions violate customary international law. Part III discusses applicability of the Civil and Political Covenant to the Ker-Frisbie doctrine and details …
Private Plaintiffs May Not Maintain Aiding And Abetting Suits Under Securities Exchange Act Section 10(B) And Securities And Exchange Commission Rule 10b-5., Ginger E. Margolin
Private Plaintiffs May Not Maintain Aiding And Abetting Suits Under Securities Exchange Act Section 10(B) And Securities And Exchange Commission Rule 10b-5., Ginger E. Margolin
St. Mary's Law Journal
In Central Bank v. First Interstate Bank, the United States Supreme Court held that private plaintiffs may not maintain aiding and abetting suits under Securities Exchange Act Section 10(b) and Security and Exchange Commission Rule 10b-5. The Court views Section 10(b) of the 1934 Act as a “catchall antifraud provision” that makes the use of “any manipulative or deceptive device or contrivance” in contravention of the provision a violation of Securities and Exchange Commission (SEC) rules if such acts occur during the purchase or sale of securities. Rule 10b-5 is substantially the same as Section 10(b). However, neither Section 10(b) …
The Subjection Of Women . . . Still: Unfulfilled Promises Of Protection For Women Victims Of Domestic Violence Comment., James Martin Truss
The Subjection Of Women . . . Still: Unfulfilled Promises Of Protection For Women Victims Of Domestic Violence Comment., James Martin Truss
St. Mary's Law Journal
Throughout American history, women have fought to realize a full and independent legal identity, equal to men. Nonetheless, issues such as domestic violence have often remained obscured due partly to the judicial system’s reluctance to intrude into “family matters.” Although courts have long-since renounced the common-law rule which allowed a husband to discipline his wife, the plight of the battered woman remained largely ignored by courts and legislatures. The pervasiveness and severity of domestic violence are widely documented. On June 1, 1991, the Texas Supreme Court created the Gender Bias Task Force of Texas (Task Force) to consider whether gender …
The Spoliation Tort: An Approach To Underlying Principles., Steffen Nolte
The Spoliation Tort: An Approach To Underlying Principles., Steffen Nolte
St. Mary's Law Journal
Abstract Forthcoming.
The Natural Law Tradition On The Modern Supreme Court: Not Burke, But The Enlightenment Tradition Represented By Locke, Madison, And Marshall., R. Randall Kelso
The Natural Law Tradition On The Modern Supreme Court: Not Burke, But The Enlightenment Tradition Represented By Locke, Madison, And Marshall., R. Randall Kelso
St. Mary's Law Journal
A traditional common-law style of judicial decisionmaking exists which was present at this nation’s founding. This common law style is derived from natural law tradition. And this tradition stands as an alternative to the formalism of Justice Scalia or the Holmesian style of Chief Justice Rehnquist. This natural law style, with its focus on the religious and communitarian ethical tradition, was the dominant view of judicial interpretation for the framing and ratifying generation of the original Constitution and the Civil War Amendments. The decisionmaking style of Justices O’Connor, Kennedy, and Souter appears to have great affinity with this traditional common-law …
Chief Justice Calvert, Our Highly Regarded Of Counsel In Memoriam., Lloyd Lochridge
Chief Justice Calvert, Our Highly Regarded Of Counsel In Memoriam., Lloyd Lochridge
St. Mary's Law Journal
Abstract Forthcoming.
Use Of A Pen Register May Be A Search Within The Purview Of Article I, Section 9 Of The Texas Constitution., Angie Patrick
Use Of A Pen Register May Be A Search Within The Purview Of Article I, Section 9 Of The Texas Constitution., Angie Patrick
St. Mary's Law Journal
In Richardson v. State, the Texas Court of Criminal Appeals granted Richardson’s second petition for discretionary review to determine whether law enforcement’s use of a pen register constitutes a search. The use of a pen register may be a search within the purview of Article I, Section 9 of the Texas Constitution. Courts use the reasonable-expectation-of-privacy test, from Katz v. United States, to determine whether a search has occurred under the Fourth Amendment. In Richardson, the Texas Court of Criminal Appeals reviewed whether the use of a pen register equates to a search despite the U.S. Supreme Court’s determination in …
Home Equity Reform In Texas Forum., Jerry Patterson
Home Equity Reform In Texas Forum., Jerry Patterson
St. Mary's Law Journal
Texas citizens should vote on home equity reform to be able to decide for themselves whether they desire the benefits of home equity borrowing. Texas is the only state in the nation that prohibits homeowners from using their home equity as they see fit such as to educate their children, to start or expand small businesses, or to enjoy their retirement years. Critics to home equity reform in Texas do not fully understand the scope of the amendments or the benefits that come with reform. The myth that equity loans would trigger an increase in foreclosure rates cannot be documented …
The Size Of A Government Body Is Not Subject To A Vote Dilution Challenge Under Section 2 Of The Voting Rights Act Of 1965., Peter J. Beverage
The Size Of A Government Body Is Not Subject To A Vote Dilution Challenge Under Section 2 Of The Voting Rights Act Of 1965., Peter J. Beverage
St. Mary's Law Journal
In Holder v. Hall, the Court held the size of a government body is not subject to a vote dilution challenge under Section 2 of the Voting Rights Act of 1965. The Act consists of two primary components, Sections 2 and 5, designed to eliminate and prevent subtle voting practices and procedures utilized to obstruct minority voter participation. Section 5 requires states with a history of discriminatory voting practices to obtain federal preclearance before changing a voting standard, practice, or procedure. Section 2 addresses the existing methods utilized to deny or abridge a citizen’s right to vote. In Holder, the …
Flow Control Ordinances That Require Disposal Of Trash At A Designated Facility Violate The Dormant Commerce Clause., Laura Gabrysch
Flow Control Ordinances That Require Disposal Of Trash At A Designated Facility Violate The Dormant Commerce Clause., Laura Gabrysch
St. Mary's Law Journal
In C & A Carbone, Inc. v. Town of Clarkstown, the Court held flow control ordinances that require disposal of trash at a designated facility violate the Dormant Commerce Clause. In the absence of congressional action, the Court has recognized—the Dormant Commerce Clause—restrictions on states’ ability to regulate interstate commerce. The Dormant Commerce Clause doctrine does not emanate directly from the Constitution, but instead flows from the body of Commerce Clause jurisprudence that has gained legitimacy throughout the years. In Carbone, the Court elevated the economic interests of one local waste processor over Clarkstown’s environmental and public protection. This type …