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Full-Text Articles in Law
Sanctions Imposable For Violations Of The Federal Rules Of Civil Procedure, Kenneth Ripple, Robert Rodes, Carol Mooney, Robert Rodes
Sanctions Imposable For Violations Of The Federal Rules Of Civil Procedure, Kenneth Ripple, Robert Rodes, Carol Mooney, Robert Rodes
Robert Rodes
This 1981 Federal Judicial Center paper surveys the current state of the law with respect to sanctions for violations of the Federal Rules of Civil Procedure as reported in both the case law and the secondary literature. The focus is on litigation behavior that results in the imposition of sanctions and the factors considered important by federal courts in determining which sanctions to apply.
Classic Problems Of Jurisprudence, Robert Rodes
Lawyers And Liberations, Robert E. Rodes
Forming An Agenda - Ethics And Legal Ethics, Robert E. Rodes
Forming An Agenda - Ethics And Legal Ethics, Robert E. Rodes
Robert Rodes
The law profession is unique in the scope of the mandate it gives those within it to intervene in other people's affairs. As a result of this unique power of intervention, lawyers encounter a number of unique problems. This paper elucidates upon, and applies, the moral standards and intuitions to be used in approaching these problems. It argues that we should form our consciences in dialogue with our clients and that once they are formed we must follow them and limit our representation accordingly. If lawyer and client cannot agree on an agenda with which both are comfortable, the lawyer …
On Lawyers And Moral Discernment, Robert E. Rodes
On Lawyers And Moral Discernment, Robert E. Rodes
Robert Rodes
Drawing on Jacques Maritain's doctrine of Knowledge through Connaturality, and on other authors including David Hume and Edmond Cahn, this article argues that judgments of right and wrong are arrived at primarily through immediate discernment, and only secondarily through the application of general principles. It is possible, therefore, for lawyers and clients to arrive at agreement on how to handle their cases, even though they do not agree on the general principles that apply.
Social Justice And Liberation, Robert E. Rodes
Social Justice And Liberation, Robert E. Rodes
Robert Rodes
Justice is the virtue we practice by giving people what is due them. Therefore, there is a problem of assignability when we consider an unjust social order: What is due from an individual beneficiary of that order to an individual victim? That question is answered by the concept of social justice: What all of us individually owe to each individual victim of the institutions now in place is our best efforts to reform those institutions. The first half of this paper analyzes the traditional arguments for and the conservative arguments against social justice as the answer to this problem of …