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Articles 31 - 40 of 40
Full-Text Articles in Law
The Ethics Of Using Cloud-Based Services And Products, Darla W. Jackson, Kenton Brice
The Ethics Of Using Cloud-Based Services And Products, Darla W. Jackson, Kenton Brice
Darla W. Jackson
No abstract provided.
Leveling Felony Charges For Withholding Evidence, Jodi Nagzger
Leveling Felony Charges For Withholding Evidence, Jodi Nagzger
Jodi Nafzger
This Article addresses the intersection of the rule of Brady v. Maryland, 373 U.S. 83 (1963), and ABA Model Rule of Professional Conduct 3.8. Brady requires prosecutors to automatically disclose materially exculpatory evidence in the government’s possession to the defense. ABA Model Rule 3.8 requires a prosecutor in a criminal case “to make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense.” The ABA issued a formal opinion in 2009 which concluded that the prosecutor’s ethical duty under 3.8 is broader in …
Organizations As Evil Structures, Cary Federman, Dave Holmes
Organizations As Evil Structures, Cary Federman, Dave Holmes
Cary Federman
Nursing practice in forensic psychiatry opens new horizons in nursing. This complex, professional, nursing practice involves the coupling of two contradictory socioprofessional mandates: to punish and to provide care. The purpose of this chapter is to present nursing practice in a disciplinary setting as a problem of governance. A Foucauldian perspective allows us to understand the way forensic psychiatric nursing is involved in the governance of mentally ill criminals through a vast array of power techniques (sovereign, disciplinary, and pastoral), which posit nurses as “subjects of power.” These nurses are also “objects of power” in that nursing practice is constrained …
Dispute Resolution Neutrals' Ethical Obligation To Support Measured Transparency, Nancy A. Welsh
Dispute Resolution Neutrals' Ethical Obligation To Support Measured Transparency, Nancy A. Welsh
Nancy Welsh
In 2016, the Consumer Financial Protection Bureau (CFPB) issued proposed rules that would have brought substantial transparency to mandatory pre-dispute consumer arbitration. In particular, the CFPB proposed to require regulated providers of financial products and services to report to the CFPB regarding their use and the outcomes of arbitrations conducted pursuant to arbitration clauses, and further, the CFPB proposed to make such information public (with appropriate redactions). Although Congress and the President ultimately annulled the CFPB’s proposed rule, its introduction revealed the need for dispute resolution neutrals to support bringing “measured transparency” to private dispute resolution. To place the CFPB’s …
Unauthorized Legal Practice Prosecutions And Independent Paralegals In Ontario And The United States, John A. Flood, Frederick H. Zemans
Unauthorized Legal Practice Prosecutions And Independent Paralegals In Ontario And The United States, John A. Flood, Frederick H. Zemans
Frederick H. Zemans
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 …
International Developments And Their Impact On U.S. Lawyer Regulation, Laurel S. Terry
International Developments And Their Impact On U.S. Lawyer Regulation, Laurel S. Terry
Laurel S. Terry
Anti-Money Laundering (Aml) Legal Profession Related Resources (Updated March 2019), Laurel S. Terry
Anti-Money Laundering (Aml) Legal Profession Related Resources (Updated March 2019), Laurel S. Terry
Laurel S. Terry
Resources And Urls Related To Aba Model Rule Of Professional Conduct 5.4 (Originally Prepared For The May 2019 Aba Cpr Conference In Vancouver), Laurel S. Terry
Resources And Urls Related To Aba Model Rule Of Professional Conduct 5.4 (Originally Prepared For The May 2019 Aba Cpr Conference In Vancouver), Laurel S. Terry
Laurel S. Terry
- Rule 5.4
- Rule 5.4 State variations chart
- Rationale for Rule 5.4
- State Versions of Rule 5.4 that Differ From/Supplement ABA Model Rule 5.4:
- Jurisdictions that Currently Are Considering Rule 5.4 Issues (Arizona, California, Utah)
- U.S. Groups That …
Examples Of Regulatory Objectives For The Legal Profession (Updated March 2, 2019), Laurel S. Terry
Examples Of Regulatory Objectives For The Legal Profession (Updated March 2, 2019), Laurel S. Terry
Laurel S. Terry
Iclr 2019 Conference Handout: Resources Related To "Outside The Law Office: Where Do The Boundaries Of Regulation Lie?", Laurel S. Terry