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Articles 1 - 30 of 110
Full-Text Articles in Law
Tribute To Professor James Moliterno, Patricia Roberts, Soledad Atienza, Eleanor Myers, James S. Heller, Gary Tamsitt, Neal Devins, Peter Čuroš, Veronika Tomoszek, Maxim Tomoszek, Paul Žilinčík, Rongjie Lan, José M. De Areilza, Irina Lortkipanidze, Ján Mazúr, Javier Guillen, Lucia Berdisová, James Étienne Viator
Tribute To Professor James Moliterno, Patricia Roberts, Soledad Atienza, Eleanor Myers, James S. Heller, Gary Tamsitt, Neal Devins, Peter Čuroš, Veronika Tomoszek, Maxim Tomoszek, Paul Žilinčík, Rongjie Lan, José M. De Areilza, Irina Lortkipanidze, Ján Mazúr, Javier Guillen, Lucia Berdisová, James Étienne Viator
Faculty Publications
No abstract provided.
The Partnership Mystique: Law Firm Finance And Governance For The 21st Century American Law Firm, Maya Steinitz
The Partnership Mystique: Law Firm Finance And Governance For The 21st Century American Law Firm, Maya Steinitz
William & Mary Law Review
This Article identifies and analyzes the de facto and de jure end of lawyers’ exclusivity over the practice of law in the United States. This development will have profound implications for the legal profession, the careers of individual lawyers, and the justice system as a whole.
First, the Article argues that various financial products that have recently flooded the legal market are functionally equivalent to investing in and owning law firms and create all the same governance challenges as allowing nonlawyers to directly own stock in law firms.
Second, the Article analyzes Arizona’s groundbreaking legalization of nonlawyer participation in law …
The Race To The Top To Reduce Prosecutorial Misconduct, Adam M. Gershowitz
The Race To The Top To Reduce Prosecutorial Misconduct, Adam M. Gershowitz
Faculty Publications
This Essay offers an unconventional approach to deterring prosecutorial misconduct. Trial judges should use their inherent authority to forbid prosecutors from appearing and handling cases in their courtrooms until the prosecutors have completed training on Brady v. Maryland, Batson v. Kentucky, and other types of prosecutorial misconduct. If a single trial judge in a medium-sized or large jurisdiction imposes training prerequisites on prosecutors, it could set off a race to the top that encourages other judges to adopt similar (or perhaps even more rigorous) training requirements. A mandate that prosecutors receive ethics training before handling any cases is …
The Challenge Of Convincing Ethical Prosecutors That Their Profession Has A Brady Problem, Adam M. Gershowitz
The Challenge Of Convincing Ethical Prosecutors That Their Profession Has A Brady Problem, Adam M. Gershowitz
Faculty Publications
In recent decades, both the media and legal scholars have documented the widespread problem of prosecutors failing to disclose favorable evidence to the defense – so called Brady violations. Despite all of this documentation however, many ethical prosecutors reject the notion that the criminal justice system has a Brady problem. These prosecutors – ethical lawyers who themselves have not been accused of misconduct – believe that the scope of the Brady problem is exaggerated. Why do ethical prosecutors downplay the evidence that some of their colleagues have committed serious errors?
This essay, in honor of Professor Bennett Gershman, points to …
The Ethics Of Representing Founders, Paul R. Tremblay
The Ethics Of Representing Founders, Paul R. Tremblay
William & Mary Business Law Review
Lawyers assisting entrepreneurial startups frequently work with individual founders before any formal organizational client materializes. In advising founders about such legal matters as whether to establish an entity, and if so, which entity best fits the needs of the enterprise, as well as how to arrange the owners’ relationships within the business, the lawyer necessarily has an attorney-client relationship with someone. The prevailing scholarship about startup representation pays surprisingly little attention to the posture of the lawyer and her founder-clients in the pre-organization context. This Article investigates the lawyer’s responsibilities and commitments in depth.
A lawyer working with a solo …
Menendez And America's Public Corruption Problem, Jeffrey Bellin
Menendez And America's Public Corruption Problem, Jeffrey Bellin
Popular Media
No abstract provided.
Criminalizing Politics, Jeffrey Bellin
The Duty To Advise The Lorax: Environmental Advocacy And The Risk Of Reform, Keith W. Rizzardi
The Duty To Advise The Lorax: Environmental Advocacy And The Risk Of Reform, Keith W. Rizzardi
William & Mary Environmental Law and Policy Review
Lawyers have an ethical duty to advise their clients on moral, economic, social, and political matters. When applied to the changing field of environmental law, this abstract notion becomes provocative. Lawyers should advise their environmental advocacy clients of the possibility that their efforts to apply statutes or rules might initially succeed, but subsequent legislative reactions might defund, reform, or repeal the laws the client’s case relied upon. As a client’s sophistication decreases, or as the risk of adverse reactions to the client’s environmental advocacy increases, the lawyer’s duty to advise the client of these risks can shift from discretionary to …
School Of Risk Control Excellence: Responsibilities In Tax Practice And Malpractice Risks, Diane S. Wainwright
School Of Risk Control Excellence: Responsibilities In Tax Practice And Malpractice Risks, Diane S. Wainwright
William & Mary Annual Tax Conference
No abstract provided.
Panel On Prosecutorial Immunity: Deconstructing Connick V. Thompson, Dane Ciolino, Gary Clements, Bennett L. Gershman, Adam M. Gershowitz, Kathleen Ridolfi, Samuel R. Wiseman, Stephen Singer
Panel On Prosecutorial Immunity: Deconstructing Connick V. Thompson, Dane Ciolino, Gary Clements, Bennett L. Gershman, Adam M. Gershowitz, Kathleen Ridolfi, Samuel R. Wiseman, Stephen Singer
Faculty Publications
In November 2011, the Journal hosted a symposium on prosecutorial immunity at Loyola University New Orleans College of Law. The symposium included an in-depth analysis of Connick v. Thompson. As part of the symposium, the Journal organized a Panel, the transcript of which follows. This transcript consists of the speakers' remarks along with audience participation and questions. The Journal has attempted to preserve the character and substance of the discussion. While this is not a traditional article, the Journal felt that it would be fitting to include it in its spring volume.
Imputed Liability For Supervising Prosecutors: Applying The Military Doctrine Of Command Responsibility To Reduce Prosecutorial Misconduct, Geoffrey S. Corn, Adam M. Gershowitz
Imputed Liability For Supervising Prosecutors: Applying The Military Doctrine Of Command Responsibility To Reduce Prosecutorial Misconduct, Geoffrey S. Corn, Adam M. Gershowitz
Faculty Publications
No abstract provided.
Embedded Federal Questions, Exclusive Jurisdiction, And Patent-Based Malpractice Claims, Christopher G. Wilson
Embedded Federal Questions, Exclusive Jurisdiction, And Patent-Based Malpractice Claims, Christopher G. Wilson
William & Mary Law Review
No abstract provided.
The Office Of Professional Responsibility - Mission And Structure (Slides)
The Office Of Professional Responsibility - Mission And Structure (Slides)
William & Mary Annual Tax Conference
No abstract provided.
Prosecutorial Shaming: Naming Attorneys To Reduce Prosecutorial Misconduct, Adam M. Gershowitz
Prosecutorial Shaming: Naming Attorneys To Reduce Prosecutorial Misconduct, Adam M. Gershowitz
Faculty Publications
This Article explores the unfortunately large number of instances in which appellate courts reverse convictions for serious prosecutorial misconduct but do not identify the names of the prosecutors who committed that misconduct. Because judges are reluctant to publicly shame prosecutors whose cases are reversed, this Article advocates that a neutral set of third parties undertake the responsibility of publicly identifying prosecutors who have committed serious misconduct. The naming of prosecutors will shame bad actors, provide a valuable pedagogical lesson for junior prosecutors, and signal to trial judges that certain prosecutors must be monitored more closely to avoid future misconduct.
Lawyers As Citizens, Deborah L. Rhode
The Citizen-Lawyer - A Brief Informal History Of A Myth With Some Basis In Reality, Robert W. Gordon
The Citizen-Lawyer - A Brief Informal History Of A Myth With Some Basis In Reality, Robert W. Gordon
William & Mary Law Review
No abstract provided.
"Public Service Must Begin At Home": The Lawyer As Civics Teacher In Everyday Practice, Bruce A. Green, Russell G. Pearce
"Public Service Must Begin At Home": The Lawyer As Civics Teacher In Everyday Practice, Bruce A. Green, Russell G. Pearce
William & Mary Law Review
No abstract provided.
The Citizen Lawyer And The Administrative State, Edward Rubin
The Citizen Lawyer And The Administrative State, Edward Rubin
William & Mary Law Review
No abstract provided.
A Guide To The Attorney-Client Privilege And Work Product Doctrine For Tax Practitioners, Craig D. Bell, Thomas E. Spahn, Christopher S. Rizek
A Guide To The Attorney-Client Privilege And Work Product Doctrine For Tax Practitioners, Craig D. Bell, Thomas E. Spahn, Christopher S. Rizek
William & Mary Annual Tax Conference
No abstract provided.
The Preemployment Ethical Role Of Lawyers: Are Lawyers Really Fiduciaries?, Fred C. Zacharias
The Preemployment Ethical Role Of Lawyers: Are Lawyers Really Fiduciaries?, Fred C. Zacharias
William & Mary Law Review
This Article considers the nature and extent of lawyers' obligations to prospective clients. Most jurisdictions have rules forbidding certain kinds of representation, requiring that particular information be given clients in writing, and regulating fees. Professional code drafters, courts, and commentators, however, have never addressed the broader issue of the lawyer's role at the retainer stage of representation, including whether lawyers have responsibility for providing prospective clients with candid advice regarding the course they should pursue.
The issue is important to clients. A lawyer's action may determine whether a client obtains any representation, competent representation, or a lawyer well suited to …
Four Reflections On Law And Morality , Michael S. Moore
Four Reflections On Law And Morality , Michael S. Moore
William & Mary Law Review
No abstract provided.
Attorney-Client Privilege In The Public Sector: A Survey Of Government Attorneys, Nancy Leong
Attorney-Client Privilege In The Public Sector: A Survey Of Government Attorneys, Nancy Leong
Faculty Publications
No abstract provided.
E-Lawyering, The Aba's Current Choice Of Ethics Law Rule & The Dormant Commerce Clause Invalidates Model Rule 8.5(B)(2) When Applied To Attorney Internet Representations Of Clients, Michael W. Loudenslager
E-Lawyering, The Aba's Current Choice Of Ethics Law Rule & The Dormant Commerce Clause Invalidates Model Rule 8.5(B)(2) When Applied To Attorney Internet Representations Of Clients, Michael W. Loudenslager
William & Mary Bill of Rights Journal
The Internet is becoming the primary manner in which some attorneys serve clients. States have already taken differing views on whether it is acceptable for an attorney to engage in electronic representations of clients. Thus, determining what jurisdiction's law applies to such attorney conduct can be very important in deciding whether this activity constitutes the unauthorized practice of law and, if not, determining the exact duties of an attorney in such representations. This Article argues that the current version of Model Rule of Professional Responsibility 8.5(b), which governs choice of ethics law, can be interpreted to apply the legal ethics …
Overview Of Opr And Circular 230 Cases, Cono R. Namorato
Overview Of Opr And Circular 230 Cases, Cono R. Namorato
William & Mary Annual Tax Conference
No abstract provided.
We Can't Escape Responsibility, Gene R. Nichol
Improving Prosecutorial Decision Making: Some Lessons Of Cognitive Science, Alafair S. Burke
Improving Prosecutorial Decision Making: Some Lessons Of Cognitive Science, Alafair S. Burke
William & Mary Law Review
No abstract provided.
The Federal Government Lawyer's Duty To Breach Confidentiality, James E. Moliterno
The Federal Government Lawyer's Duty To Breach Confidentiality, James E. Moliterno
Faculty Publications
The lawyer's duty of confidentiality springs from the lawyer-client relationship and its parameters are determined by the nature of that relationship. The federal government lawyer's client is like no other. The uniqueness of representing the United States calls for a unique approach to the duty of confidentiality. Unlike the private individual client, the government as a client does not speak with a single, unmistakable voice. Unlike the private entity client, the federal government has a paramount interest in the public good, including the public's right to know about government (the entity's conduct), especially its misconduct. The result is a client …
Merit Vs. Ideology, Michael J. Gerhardt
The Academic Expert Before Congress: Observations And Lessons From Bill Van Alstyne's Testimony, Neal Devins
The Academic Expert Before Congress: Observations And Lessons From Bill Van Alstyne's Testimony, Neal Devins
Faculty Publications
No abstract provided.
Tax Advisor-Client Privileges And Circular 230 Revisions, B. John Williams, Stephan F. Tucker
Tax Advisor-Client Privileges And Circular 230 Revisions, B. John Williams, Stephan F. Tucker
William & Mary Annual Tax Conference
No abstract provided.