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Full-Text Articles in Law

Redefining Professionalism, Rebecca Roiphe Jan 2015

Redefining Professionalism, Rebecca Roiphe

Articles & Chapters

Most scholars condemn professionalism as self-serving, anti-competitive rhetoric. This Article argues that professionalism can be a positive and productive way of thinking about lawyers’ work. While it is undoubtedly true that the Bar has used the ideology of the professional role to support self-interested and bigoted causes, professionalism has also served as an important way of developing and marshalling group identity to promote useful ends. The critics of professionalism tend to view it as an ideology, according to which professionals, unlike businessmen, are concerned not with their own financial gain but with the good of their clients and the community …


Tilting At Stratification: Against A Divide In Legal Education, Rebecca Roiphe Jan 2015

Tilting At Stratification: Against A Divide In Legal Education, Rebecca Roiphe

Articles & Chapters

Critics suggest we divide law schools into an elite tier whose graduates serve global business clients and a lower tier, which would prepare lawyers for simple disputes. This idea is not new. A similar proposal emerged in the early twentieth century. This article draws on the historical debate to argue that this simplistic approach cannot solve the myriad problems facing the legal profession and legal education. Supporters of separate tiers of law school rely on a caricature of the early history to argue that the Bar is acting in a protectionist way to ensure its own monopoly and keep newcomers …


The Attorney Signature Block On A Brief: A Jumping - Off Point For Discussing Ethics With Students, Heidi K. Brown Oct 2012

The Attorney Signature Block On A Brief: A Jumping - Off Point For Discussing Ethics With Students, Heidi K. Brown

Other Publications

No abstract provided.


New Roles To Solve Old Problems: Lawyering For Ordinary People In Today’S Context, Marsha M. Mansfield, Louise G. Trubek Jan 2012

New Roles To Solve Old Problems: Lawyering For Ordinary People In Today’S Context, Marsha M. Mansfield, Louise G. Trubek

NYLS Law Review

No abstract provided.


Epistemology And Ethics In Relationship-Centered Legal Education And Practice, Susan L. Brooks, Robert G. Madden Jan 2012

Epistemology And Ethics In Relationship-Centered Legal Education And Practice, Susan L. Brooks, Robert G. Madden

NYLS Law Review

No abstract provided.


A History Of Professionalism: Julius Henry Cohen And The Professions As A Route To Citizenship, Rebecca Roiphe Jan 2012

A History Of Professionalism: Julius Henry Cohen And The Professions As A Route To Citizenship, Rebecca Roiphe

Articles & Chapters

This paper revives the notion that professionalism and the legal profession can serve as a mechanism for immigrants and those who are not born into wealth or privilege to achieve status. I draw on the example of Cohen, a Jewish lawyer who achieved a great deal of success within the profession in the early 20th Century, to argue that the rhetoric surrounding the professions allows immigrants and others to use professional success to find their way to full inclusion and citizenship. While acknowledging the merits of the critiques of the professions as rent-seeking cartels, I argue that professionalism is an …


The Ethics Of Willful Ignorance, Rebecca Roiphe Jan 2011

The Ethics Of Willful Ignorance, Rebecca Roiphe

Articles & Chapters

The ABA ethical rules state that a lawyer may not assist a client in conduct that she “knows” is criminal or fraudulent. In this article, I argue that we ought to hold lawyers responsible when they remain willfully ignorant of their clients’ illegal activity. When a lawyer suspects that her client might be engaged in criminal or fraudulent activity, she should have an obligation to investigate. I disagree with prominent legal ethics scholar, David Luban, who has argued that lawyers should be able to turn a blind eye to signs of wrongdoing. I argue that rather than undermining the attorney …


In Re Miguel M., Jonathan Weinstein Jan 2011

In Re Miguel M., Jonathan Weinstein

NYLS Law Review

No abstract provided.


In Re Healthsouth Corp. Securities Litigation, Adam Paul Gordon Jan 2011

In Re Healthsouth Corp. Securities Litigation, Adam Paul Gordon

NYLS Law Review

No abstract provided.


In Re Steven J. Lever, Stephanie A. Ackerman Jan 2011

In Re Steven J. Lever, Stephanie A. Ackerman

NYLS Law Review

No abstract provided.


From Hero To Villain: The Corresponding Evolutions Of Model Ethical Codes And The Portrayal Of Lawyers In Film, Amy S. Beard Jan 2011

From Hero To Villain: The Corresponding Evolutions Of Model Ethical Codes And The Portrayal Of Lawyers In Film, Amy S. Beard

NYLS Law Review

No abstract provided.


The Media, The Jury, And The High-Profile Defendant: A Defense Perspective On The Media Circus, John C. Meringolo Jan 2011

The Media, The Jury, And The High-Profile Defendant: A Defense Perspective On The Media Circus, John C. Meringolo

NYLS Law Review

No abstract provided.


Attorney Admissions Ceremony — United States District Court For The Northern District Of New York, Roger J. Miner '56 Mar 2010

Attorney Admissions Ceremony — United States District Court For The Northern District Of New York, Roger J. Miner '56

Bar Admissions

No abstract provided.


A Critical Survey Of The Law, Ethics, And Economics Of Attorney Contingent Fee Arrangements, Adam Shajnfeld Jan 2010

A Critical Survey Of The Law, Ethics, And Economics Of Attorney Contingent Fee Arrangements, Adam Shajnfeld

NYLS Law Review

No abstract provided.


United States V. Leveto, Jennifer Steward Jan 2009

United States V. Leveto, Jennifer Steward

NYLS Law Review

No abstract provided.


The Niesig And Nlra Union: A Revised Standard For Identifying High-Level Employees For Ex Parte Interviews, Bran C. Noonan Jan 2009

The Niesig And Nlra Union: A Revised Standard For Identifying High-Level Employees For Ex Parte Interviews, Bran C. Noonan

NYLS Law Review

No abstract provided.


Preserving Attorney-Client Privilege In The Age Of Electronic Discovery, Anthony Francis Bruno Jan 2009

Preserving Attorney-Client Privilege In The Age Of Electronic Discovery, Anthony Francis Bruno

NYLS Law Review

No abstract provided.


Globalization And Corporate Social Responsibility: Challenges For The Academy, Future Lawyers, And Corporate Law, Faith Stevelman Jan 2009

Globalization And Corporate Social Responsibility: Challenges For The Academy, Future Lawyers, And Corporate Law, Faith Stevelman

Articles & Chapters

Changes in information technology, in combination with changing popular and political opinion (including concern over climate change) are moving the subject of corporate social responsibility ('CSR') to the forefront of policy reform, consumer and investor behavior, and graduate business education. Nevertheless, up to the present, CSR has not thrived within law schools’ curricula, or mainstream graduate or undergraduate programs. First, the subject is too synthetic to fit neatly within the core, established framework of academic subject areas (e.g. history, economics, sociology and management), or law schools’ conventional teaching of corporate, securities, employment, administrative, or environmental law. CSR is relevant to …


Regulating Discourtesy On The Bench: A Study In The Evolution Of Judicial Independence, Bruce Green, Rebecca Roiphe Jan 2009

Regulating Discourtesy On The Bench: A Study In The Evolution Of Judicial Independence, Bruce Green, Rebecca Roiphe

Articles & Chapters

In this paper, we argue that the myth of the detached, rational judge, free from emotion runs the risk of undermining the quality of judging, obscuring the transparency of judicial decisions, and deterring the development of diverse judicial styles. We explore the history of the myth of the detached judge and how it made its way into rules of judicial conduct. By contextualizing this image of the judiciary, the article concludes that the rules of judicial conduct have come to embody an antiquated understanding of judicial independence and ought to be revised to reflect a more modern concept of the …


Implementing A New City Charter: Thoughts On My Tenure As Corporation Counsel In A Time Of Transition, O. Peter Sherwood Jan 2008

Implementing A New City Charter: Thoughts On My Tenure As Corporation Counsel In A Time Of Transition, O. Peter Sherwood

NYLS Law Review

No abstract provided.


“Equality, I Spoke Th At Word/As If A Wedding Vow”: Mental Disability Law And How We Treat Marginalized Persons, Michael J. Perlin, John Douard Jan 2008

“Equality, I Spoke Th At Word/As If A Wedding Vow”: Mental Disability Law And How We Treat Marginalized Persons, Michael J. Perlin, John Douard

NYLS Law Review

No abstract provided.


Lawyers For Government Have Unique Responsibilities And Opportunities To Influence Public Policy, Frederick A.O. Schwarz Jr. Jan 2008

Lawyers For Government Have Unique Responsibilities And Opportunities To Influence Public Policy, Frederick A.O. Schwarz Jr.

NYLS Law Review

No abstract provided.


Defending The Historian’S Art: A Response To Paul A. Crotty’S Attack On Fighting For The City, William E. Nelson Jan 2008

Defending The Historian’S Art: A Response To Paul A. Crotty’S Attack On Fighting For The City, William E. Nelson

NYLS Law Review

No abstract provided.


International Legal Practice Involving England And New York Following Adoption Of The United Kingdom Legal Services Act Of 2007, Sydney M. Cone Iii. Jan 2008

International Legal Practice Involving England And New York Following Adoption Of The United Kingdom Legal Services Act Of 2007, Sydney M. Cone Iii.

Articles & Chapters

This article deals with the regulation of legal services in England and New York in the context of, first, multidisciplinary practice ("MDP")1 and, second, permitted investment in legal practice. The article summarizes both the background of and potential differences between the regulations in those two jurisdictions, and comments on the possible reconciliation of those differences. Because, chronologically, New York was the first of the two jurisdictions under consideration to adopt rules on MDP, the New York rules will be considered first, and the more recent statute, known as the United Kingdom Legal Services Act 2007 2(hereinafter "U.K. Act"), will then …


In Re Cardinal Health, Inc. Securities Litigation, Lucas T. Charleston Jan 2008

In Re Cardinal Health, Inc. Securities Litigation, Lucas T. Charleston

NYLS Law Review

No abstract provided.


Making The Plaintiff ’S Bar Earn Its Keep: Rethinking The Hospital Incident Report, Katherine Mikk Jan 2008

Making The Plaintiff ’S Bar Earn Its Keep: Rethinking The Hospital Incident Report, Katherine Mikk

NYLS Law Review

No abstract provided.


Sex Offender As Scapegoat: The Monstrous Other Within, John Douard Jan 2008

Sex Offender As Scapegoat: The Monstrous Other Within, John Douard

NYLS Law Review

No abstract provided.


The Independence Of The Law Department, Jeffrey D. Friedlander Jan 2008

The Independence Of The Law Department, Jeffrey D. Friedlander

NYLS Law Review

No abstract provided.


Two Goals For Executive Compensation Reform, Brett H. Mcdonnell Jan 2007

Two Goals For Executive Compensation Reform, Brett H. Mcdonnell

NYLS Law Review

No abstract provided.


Disney Examined: A Case Study In Corporate Governance And Ceo Succession, Lawrence Lederman Jan 2007

Disney Examined: A Case Study In Corporate Governance And Ceo Succession, Lawrence Lederman

NYLS Law Review

No abstract provided.