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Legal Ethics and Professional Responsibility

Fordham Urban Law Journal

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"Whistle . . . And You've Got An Audience", Amanda C. Leiter Jan 2009

"Whistle . . . And You've Got An Audience", Amanda C. Leiter

Fordham Urban Law Journal

One of the questions for discussion today is whether public rights litigation is an effective means of social change. This Article does not attempt an answer but begins to explore a set of issues central to any answer: the extent, types, uses, and potential shortcomings of government whistleblowing. There is considerable sociological and legal literature on government whistleblowing, but little of it addresses the issue from the angle relevant to maximizing the efficacy of public rights litigation. This Article begins to fill that gap. Part I discusses the importance of whistleblowers in the vindication and enforcement of public rights. Part …


Report On The Debate Over Whether There Should Be An Exception To Confidentiality For Rectifying A Crime Or Fraud, Maria Helen Bainor, Nancy Batterman Jan 1993

Report On The Debate Over Whether There Should Be An Exception To Confidentiality For Rectifying A Crime Or Fraud, Maria Helen Bainor, Nancy Batterman

Fordham Urban Law Journal

The Model Rules of Professional Conduct fail to provide lawyers with adequate guidance for dealing with situations in which a client has used the lawyer's services to perpetuate a fraud. He Model Rules do not discuss confidentiality in cases of client-committed fraud at all, and the provided exceptions to the confidentiality requirement do little to help attorney's deal with past frauds committed by a client with the unwitting aid of the attorney. The Model Rules should be amended to authorize disclosure of client confidences to rectify a crime or fraud when the lawyer's services have been used in the commission …


Integrity And Ethical Standards In New York State Government: Final Report To The Governor, New York State Commission On Government Integrity Jan 1991

Integrity And Ethical Standards In New York State Government: Final Report To The Governor, New York State Commission On Government Integrity

Fordham Urban Law Journal

September 1990 letter from the New York State Commission on Government Integrity to Governor Mario M. Cuomo. “This letter constitutes the final report of the Commission on Government Integrity. The Commission was created by Executive Order 88.1 and directed to examine a wide variety of subjects concerning government integrity in New York State. Since its inception, the Commission has submitted 20 reports containing specific recommendations for reform of New York laws, regulations and procedures. Some of these recommendations can be implemented by executive order; others require action by the New York State Legislature. Most of the recommendations would impose no …


Restoring The Public Trust: A Blueprint For Government Integrity, New York State Commission On Government Integrity Jan 1991

Restoring The Public Trust: A Blueprint For Government Integrity, New York State Commission On Government Integrity

Fordham Urban Law Journal

September 1990 report of the New York State Commission on Government Integrity calling for "sweeping reforms to our laws to safeguard the public sector from the pressures brought to bear by private sector special interests and to reduce the temptation of officials to abuse their trust." In this "blueprint," the Commission identified several aspects of state government requiring legal and ethical reform, including: - campaign finance contribution limits, disclosure requirements, the public funding option, and ineffective enforcement by the State Board of Elections; - political influence in the judicial selection process; - limitations of the Ethics in Government Act; - …