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Articles 1 - 30 of 32
Full-Text Articles in Law
Lawyer Discipline In An Authoritarian Regime: Empirical Insights From Zhejiang Province, China, Judith A. Mcmorrow, Benjamin Van Rooij, Sida Liu
Lawyer Discipline In An Authoritarian Regime: Empirical Insights From Zhejiang Province, China, Judith A. Mcmorrow, Benjamin Van Rooij, Sida Liu
Judith A. McMorrow
On paper the state-run lawyer disciplinary system in China serves multiple interests: client protection, maintaining the reputation of the legal profession, upholding the rule of law, and safeguarding the party-state authority. This Article assesses which of these interests dominates in the lawyer disciplinary process by analyzing 122 published lawyer discipline cases from Zhejiang Province from 2007-2015. These records of lawyer discipline evidence an authoritarian political logic of attorney discipline, with punishment most clearly serving to safeguard the Communist Party's rule by keeping lawyers in bounds and tightly tied to their law firms. Subordinate to this are other state interests such …
Moving From A Brandeis Brief To A Brandeis Law Firm: Challenges And Opportunities For Holistic Legal Services In The United States, Judith A. Mcmorrow
Moving From A Brandeis Brief To A Brandeis Law Firm: Challenges And Opportunities For Holistic Legal Services In The United States, Judith A. Mcmorrow
Judith A. McMorrow
The need for multidisciplinary approaches to legal services has given rise to increasingly creative service delivery models. The phenomenon is a natural outgrowth of three important ideas that Louis Brandeis developed. First, his work gave rise to the concept of the Brandeis Brief, which in its broader meaning has become a metaphor for the relevance of such social science insights to legal problem-solving. Second, Brandeis introduced the concept of “counsel for the situation” to capture a vision of lawyering that provided a broader identification of the interests involved, again with an orientation on problem-solving. A third idea championed by Brandeis …
In Defense Of The Business Of Law, Judith Mcmorrow
In Defense Of The Business Of Law, Judith Mcmorrow
Judith A. McMorrow
This article focuses on three current professionalism challenges in the U.S. legal profession: (i) the problem of neglect, poor client communication, and poor management of client funds; (ii) the need to improve the ethical infrastructures in practice settings to enhance both routine practice and ethical decision-making when lawyers confront ethical challenges; and (iii) the challenge of providing legal services to the poor and working class. For each, it turns out that improving adherence to core values requires not just training lawyers to internalize a model of professionalism, and a continuing commitment to self-regulation in some form, but also implementing improved …
Teaching Legal Ethics In China, Judith Mcmorrow
Teaching Legal Ethics In China, Judith Mcmorrow
Judith A. McMorrow
Both legal education and the legal services sector is growing rapidly in China, putting increasing need on exploring the role of legal ethics education in this process. This ABA Rule of Law sponsored conference at China University of Political Science and Law drew together leaders on legal ethics education to explore ways to better understand and improve the teaching and scholarship in this field.
Civility: Multi-Tiered Strategies For Litigation Ethics, Judith Mcmorrow
Civility: Multi-Tiered Strategies For Litigation Ethics, Judith Mcmorrow
Judith A. McMorrow
No abstract provided.
Ethical Issues In Labor Arbitration, Judith Mcmorrow
Ethical Issues In Labor Arbitration, Judith Mcmorrow
Judith A. McMorrow
This 90 minute presentation was designed to serve as Continuing Legal Education program for lawyers in the New England area. The written materials included a prior publication (Advocate as Witness).
Lawyer Discipline In China, Judith Mcmorrow
In Defense Of The Business Of Law, Judith Mcmorrow
In Defense Of The Business Of Law, Judith Mcmorrow
Judith A. McMorrow
No abstract provided.
Conference Chair & Introductory Remarks, Aba Professional Responsibility Conference, Judith Mcmorrow
Conference Chair & Introductory Remarks, Aba Professional Responsibility Conference, Judith Mcmorrow
Judith A. McMorrow
I was chair of the Planning Committee for this conference, which draws about 400 scholars, regulators and practitioners. My brief opening remarks set the stage for the opening panel which I had organized on Watergate: 40 Years and Not Yet History (John Dean, White House Counsel under Pres. Nixon, Beth Nolan, White House Counsel under Pres. Clinton, Richard Painter, Asst White House Counsel for Ethics under George G.W. Bush).
Global Lawyering And Legal Education, Judith Mcmorrow
Global Lawyering And Legal Education, Judith Mcmorrow
Judith A. McMorrow
No abstract provided.
In Defense Of The Business Of Law, Judith Mcmorrow
In Defense Of The Business Of Law, Judith Mcmorrow
Judith A. McMorrow
No abstract provided.
Toward An Ecclesiastical Professional Ethic: Lessons From The Legal Profession, Daniel R. Coquillette, Judith A. Mcmorrow
Toward An Ecclesiastical Professional Ethic: Lessons From The Legal Profession, Daniel R. Coquillette, Judith A. Mcmorrow
Judith A. McMorrow
As the Catholic Church struggles with the aftermath of the clergy sexual abuse crisis, some have explored the possibility of an ecclesiastical code of professional conduct. Lawyers' long and storied history with professional codes offers a cautionary tale to those exploring an ecclesiastical code of ethics. As priests to our secular religion of law, lawyers are called forth and mandated by a competent authority to function in a defined role, the specifics of which are reflected, in part, in lawyer codes. As lawyers moved from Canons of Ethics (1908) to a Code of Professional Responsibility (1969) to Rules of Professional …
Law And Lawyers In The U.S.: The Hero-Villain Dichotomy, Judith A. Mcmorrow
Law And Lawyers In The U.S.: The Hero-Villain Dichotomy, Judith A. Mcmorrow
Judith A. McMorrow
Lawyers in U.S. culture are often presented in either an extremely positive or extremely negative light. Although popular culture exaggerates and oversimplifies the 'good v. bad' dynamic of lawyers, this dichotomy provides important insights into the role attorneys play in the U.S. legal system, the boundaries of legal ethics, and the extent to which the U.S. legal system is relied upon to address our society's great moral and social dilemmas.
The Federal Law Of Attorney Conduct, Daniel Coquillette, Judith Mcmorrow
The Federal Law Of Attorney Conduct, Daniel Coquillette, Judith Mcmorrow
Judith A. McMorrow
No abstract provided.
Zacharias’S Prophecy: The Federalization Of Legal Ethics Through Legislative, Court, And Agency Regulation, Daniel R. Coquillette, Judith A. Mcmorrow
Zacharias’S Prophecy: The Federalization Of Legal Ethics Through Legislative, Court, And Agency Regulation, Daniel R. Coquillette, Judith A. Mcmorrow
Judith A. McMorrow
In his 1994 seminal article on Federalizing Legal Ethics, Prof. Fred Zacharias examined the need for a national and uniform code of ethics for attorneys. Prof. Zacharias was correct that there has been increasing pressure to federalize legal ethics, but that process is occurring not through articulation of national norms but rather through decentralized contextualization of attorney conduct norms. Federal agencies that direct securities practice, immigration, tax, patent, labor and many other areas of federal practice are increasingly supplementing state regulations to specifically regulate the attorneys who appear before their agencies. Targeted substantive federal law and treaty obligations also increasingly …
Lawyers And Fundamental Moral Responsibility, Daniel Coquillette, R. Michael Cassidy, Judith Mcmorrow
Lawyers And Fundamental Moral Responsibility, Daniel Coquillette, R. Michael Cassidy, Judith Mcmorrow
Judith A. McMorrow
The materials in this book are organized around specific problems designed to encourage and focus class discussion. There are two other inherent organizing principles of the materials in this book. First, the philosophical materials are in the rough order in which the ideas themselves evolved in the history of philosophy. The materials have been revised since the book first was published in 1995 to address some of the burning ethical problems of our day, including terrorism, national security, and abuse of government power. The Second Edition also is reorganized to assist students to better appreciate philosophical theories underpinning discourse about …
Professional Responsibility In An Uncertain Profession: Legal Ethics In China, Judith A. Mcmorrow
Professional Responsibility In An Uncertain Profession: Legal Ethics In China, Judith A. Mcmorrow
Judith A. McMorrow
The rapidly expanding Chinese legal profession provides an extraordinary opportunity for the U.S. legal profession to test U.S. assumptions about legal ethics. This essay examines challenges facing Chinese legal education and the Chinese legal profession as it develops norms of legal ethics. This essay examines this process from the law school and law student’s perspective about legal ethics, and then briefly explores the effort to create norms of attorney conduct from a top-down perspective. Both a bottom-up and top-down view show the tremendous challenges facing the emerging Chinese legal culture in building a coherent model of lawyering that can serve …
The Moral Responsibility Of The Corporate Lawyer, Judith Mcmorrow
The Moral Responsibility Of The Corporate Lawyer, Judith Mcmorrow
Judith A. McMorrow
No abstract provided.
Legal Ethics In China: Reflections On The Formation Of Professional Identity, Judith Mcmorrow
Legal Ethics In China: Reflections On The Formation Of Professional Identity, Judith Mcmorrow
Judith A. McMorrow
The Chinese legal profession has grown rapidly in the last 30 years. This talk discussed the challenge of creating norms of attorney conduct (legal ethics) in a fragile and young legal system. The second part of the talk used ongoing research on the formation of professional identity.
Lessons From China, Judith Mcmorrow
Legal Ethics In China, Judith Mcmorrow
The Moral Responsibility Of The Corporate Lawyer, Judith A. Mcmorrow, Luke M. Scheuer
The Moral Responsibility Of The Corporate Lawyer, Judith A. Mcmorrow, Luke M. Scheuer
Judith A. McMorrow
Lawyers traditionally claim that they are not morally accountable for the goals or activities of their clients that are within the bounds of the law. This essay explores this concept of non-accountability in the context of corporate transactional representation. We argue that corporate lawyers, whose practice is forward looking, undertaken on behalf of corporate clients who have legally impaired ability to engage in independent moral reasoning, and who function in a world of relatively minimal legal oversight (i.e. whose work is furthest from the model of the adversary system) cannot persuasively claim that they are not morally responsible for the …
The (F)Utility Of Rules: Regulating Attorney Conduct In Federal Court Practice, Judith A. Mcmorrow
The (F)Utility Of Rules: Regulating Attorney Conduct In Federal Court Practice, Judith A. Mcmorrow
Judith A. McMorrow
The problem is often decried: out-of-control attorneys, opportunists, cowboys, self-dealers, and overzealous prosecutors abusing the litigation process either for self-serving ends or from ideological zeal. But one person’s opportunist, cowboy, or self-dealer is another person’s zealous advocate. Lawyers want and need guidance on how to resolve issues that have competing claims to right behavior. The first place many lawyers look to find appropriate guidance are rules of ethics. Lawyers practicing in federal courts will find the search for rules particularly confusing. Unlike the Federal Rules of Civil and Criminal Procedure, federal courts do not operate with uniform ethics rules. District …
Member Of The “Law Professor Misconduct” Panel, Judith Mcmorrow
Member Of The “Law Professor Misconduct” Panel, Judith Mcmorrow
Judith A. McMorrow
No abstract provided.
Organized And Moderated The “Ethics And Class Action Reform” Panel, Judith Mcmorrow
Organized And Moderated The “Ethics And Class Action Reform” Panel, Judith Mcmorrow
Judith A. McMorrow
No abstract provided.
Appointment: President-Elect Of The Association Of American Law Schools Section On Professional Responsibility, Judith Mcmorrow
Appointment: President-Elect Of The Association Of American Law Schools Section On Professional Responsibility, Judith Mcmorrow
Judith A. McMorrow
No abstract provided.
Judicial Attitudes Toward Confronting Attorney Misconduct: A View From The Reported Decisions, Judith A. Mcmorrow, Jackie Gardina, Salvatore Ricciardone
Judicial Attitudes Toward Confronting Attorney Misconduct: A View From The Reported Decisions, Judith A. Mcmorrow, Jackie Gardina, Salvatore Ricciardone
Judith A. McMorrow
Over the last 20 years, a rich body of literature has emerged to describe the increasingly complex system of lawyer regulation in the United States. This article studies the available data from the Code of Judicial Conduct and federal and state court opinions to glean a richer understanding of how judges construct their individual and institutional role in this web of attorney regulation. The picture that emerges from the reported decisions in both state and federal court is a desire to maintain the integrity of the judicial process and a concern for the efficiency and fairness in the proceeding before …
The Federal Law Of Attorney Conduct, Judith Mcmorrow
The Federal Law Of Attorney Conduct, Judith Mcmorrow
Judith A. McMorrow
No abstract provided.
Ethical Developments, Judith Mcmorrow
Appointment: Committee On Judicial Ethics Of The Massachusetts Supreme Judicial Court, Judith Mcmorrow
Appointment: Committee On Judicial Ethics Of The Massachusetts Supreme Judicial Court, Judith Mcmorrow
Judith A. McMorrow
No abstract provided.