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Articles 1 - 30 of 61
Full-Text Articles in Law
Unlaw, Emily Albrink Hartigan
On Legalistic Behavior, The Advocacy Privilege, And Why People Hate Lawyers, Margaret Raymond
On Legalistic Behavior, The Advocacy Privilege, And Why People Hate Lawyers, Margaret Raymond
Buffalo Law Review
No abstract provided.
Legal Ethics, Patrick Emery Longan
Legal Ethics, Patrick Emery Longan
Mercer Law Review
Issues of legal ethics arose during the survey year in the usual contexts of attorney discipline, malpractice, and ineffective assistance of counsel. In a handful of cases, the Georgia appellate courts also dealt with other issues related to legal ethics.
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 …
Private Use As Fair Use: Is It Fair?, Frances Grodzinsky, Maria C. Bottis
Private Use As Fair Use: Is It Fair?, Frances Grodzinsky, Maria C. Bottis
School of Computer Science & Engineering Faculty Publications
The age of digital technology has introduced new complications into the issues of fair and private use of copyrighted material. In fact, the question of private use of another's work has been transformed from a side issue in intellectual property jurisprudence into the very center of intellectual property discussions about rights and privileges in a networked world. This paper will explore the nuanced difference between fair and private use as articulated in the US and the European Copyright Laws. Part One will explain the legal use and meaning of fair use and its justifications. We maintain that it is almost …
Convocation On The Face Of The Profession: Judicial Institute On Professionalism In The Law, Stephen J. Friedman
Convocation On The Face Of The Profession: Judicial Institute On Professionalism In The Law, Stephen J. Friedman
Pace Law Review
No abstract provided.
A Director's Good Faith, Elizabeth A. Nowicki
A Director's Good Faith, Elizabeth A. Nowicki
Buffalo Law Review
No abstract provided.
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.
The Difficult Task Of Model Rule Of Professional Conduct 3.6: Balancing The Free Speech Rights Of Lawyers, The Sixth Amendment Rights Of Criminal Defendants, And Society's Right To The Fair Administration Of Justice, Mattei Radu
Campbell Law Review
This article will begin with a review of trial publicity rules from the earliest efforts to curb harmful statements of lawyers during trials to the promulgation of Model Rule 3.6 in 1983 by the American Bar Association. It will then examine Gentile, the main Supreme Court case in this area. The article will next consider the 1994 and 2002 amendments to Model Rule 3.6, which were inspired in part by the Court's ruling in Gentile. It will also look specifically at the trial publicity situation in North Carolina, where Durham District Attorney Michael B. Nifong has been charged with violating …
Craig Berry On Global Ethics And Civil Society Edited By John Eade And Darren J. O’Byrne. Aldershot, Uk: Ashgate, 2005. 180pp., Craig Berry
Human Rights & Human Welfare
A review of:
Global Ethics and Civil Society edited by John Eade and Darren J. O’Byrne. Aldershot, UK: Ashgate, 2005. 180pp.
Institutionalizing Public Service In Law School: Results On The Impact Of Mandatory Pro Bono Programs, Robert Granfield
Institutionalizing Public Service In Law School: Results On The Impact Of Mandatory Pro Bono Programs, Robert Granfield
Buffalo Law Review
No abstract provided.
The Ethical Mine Field: Corporate Internal Investigations And Individual Assertions Of The Attorney-Client Privilege, Lawton P. Cummings
The Ethical Mine Field: Corporate Internal Investigations And Individual Assertions Of The Attorney-Client Privilege, Lawton P. Cummings
West Virginia Law Review
No abstract provided.
Settler's Remorse, Floyd Abrams
Settler's Remorse, Floyd Abrams
Michigan Law Review
Who can quarrel with the notion that settling civil cases is generally a good thing? Litigation is expensive, time-consuming, preoccupying, and often personally destructive. Our courts are overburdened and, in any event, imperfect decision-making entities. It may even be true that, more often than not, "the absolute result of a trial is not as high a quality of justice as is the freely negotiated, give a little, take a little settlement." But not every case should be settled. Many are worthless. The settlement of others could too easily lead to a torrent of unwarranted litigation. Sometimes, as Professor Owen Fiss …
Capital Defense Lawyers: The Good, The Bad, And The Ugly, Sean D. O'Brien
Capital Defense Lawyers: The Good, The Bad, And The Ugly, Sean D. O'Brien
Michigan Law Review
Professor Welsh S. White's book Litigating in the Shadow of Death: Defense Attorneys in Capital Cases collects the compelling stories of "a new band of dedicated lawyers" that has "vigorously represented capital defendants, seeking to prevent their executions" (p.3). Sadly, Professor White passed away on New Year's Eve, 2005, days before the release of his final work. To the well-deserved accolades of Professor White that were recently published in the Ohio State Journal of Criminal Law, I can only add a poignant comment in a student blog that captures his excellence as a scholar and educator: "I wanted to …
On Dworkin And Borkin, Tom Lininger
On Dworkin And Borkin, Tom Lininger
Michigan Law Review
This Essay will use Dworkin's and Davis's scholarship as a jumping-off point for a discussion of the Supreme Court nomination process. I argue that while Dworkin's and Davis's books, when read together, expose a significant problem with the current nomination process, a possible solution to this predicament may lie in a change to the judicial code of ethics and the procedural rules for confirmation of judges. My analysis will proceed in four steps. Part I will address Dworkin's arguments. Part II will evaluate the analysis and evidence in Davis's book. Part III will consider an additional variable to which neither …
Lawyers And Prophetic Justice, Timothy Floyd
Lawyers And Prophetic Justice, Timothy Floyd
Mercer Law Review
The statue of Lady Justice, a blindfold over her eyes, holding scales in one hand and a sword in the other, is our traditional visual image of justice. The scales convey the idea of neutrality and the weighing of competing interests; they emphasize rationality and the application of neutral principles in decision making. The blindfold emphasizes equality before the law, that the law is dispassionate and objective, and that decision making is untainted by bias. The statue also implies the stability and permanence of the justice system.
In my experience with lawyers, justice is not a regular topic in our …
How Can Japanese Corporations Protect Confidential Information In U.S. Courts?, Masamichi Yamamoto
How Can Japanese Corporations Protect Confidential Information In U.S. Courts?, Masamichi Yamamoto
Vanderbilt Journal of Transnational Law
U.S. courts have seen a significant increase in the number of lawsuits involving both U.S. and Japanese corporations. In deciding these cases, U.S. courts may have to choose how to apply the attorney-client privilege to in-house lawyers retained by corporations in Japan, where the legal system and discovery rules are fundamentally different from those of the United States. U.S. courts would most likely analyze these situations under the Remy-Martin/Minolta test and recognize the attorney-client privilege only for managers of legal departments in Japanese corporations, not for other non-bengoshi (non-licensed) in-house lawyers. This will change in the near future, however, when …
Ethics Of Organizational/Institutional Ethics In A Pluralistic Setting: Conflicts Of Interests, Values, And Goals, The, Roberta Springer Loewy
Ethics Of Organizational/Institutional Ethics In A Pluralistic Setting: Conflicts Of Interests, Values, And Goals, The, Roberta Springer Loewy
McGeorge Law Review
No abstract provided.
Ethics Across The Professions: Professional Ethics And Corporate Conduct: Introduction, George C. Harris
Ethics Across The Professions: Professional Ethics And Corporate Conduct: Introduction, George C. Harris
McGeorge Law Review
No abstract provided.
Addressing Ethical Commitments When Professionals Partner With Organizations, Donna T. Chen, Ann E. Mills
Addressing Ethical Commitments When Professionals Partner With Organizations, Donna T. Chen, Ann E. Mills
McGeorge Law Review
No abstract provided.
Beyond The Ethics Course: Making Conduct Count, Elletta Sangrey Callahan
Beyond The Ethics Course: Making Conduct Count, Elletta Sangrey Callahan
McGeorge Law Review
No abstract provided.
For You Alone - Dual-Investor Theory And Fiduciary Relationships, Eugene Schlossberger
For You Alone - Dual-Investor Theory And Fiduciary Relationships, Eugene Schlossberger
McGeorge Law Review
No abstract provided.
Professionals, Business Practitioners, And Prudential Justice, Peter Madsen
Professionals, Business Practitioners, And Prudential Justice, Peter Madsen
McGeorge Law Review
No abstract provided.
Ethical Codes And Cultural Context: Ensuring Legal Ethics In The Global Law Firm, Laurence Etherington, Robert Lee
Ethical Codes And Cultural Context: Ensuring Legal Ethics In The Global Law Firm, Laurence Etherington, Robert Lee
Indiana Journal of Global Legal Studies
There are doubtless many practical and professional problems that arise in the global legal practice, but this paper suggests that not least of these are issues of legal ethics, in part generated by the global context and not easily amenable to resolution by reference to any single code within the "home" or "host" jurisdiction. For example, there may be difficulties in isolating precisely what those ethical obligations might comprise. These obligations might be rooted in the requirements of local law, but they might arise equally from the values and expectations of the client, or from other lawyers whether inside or …
Some Realism About Professionalism: Core Values, Legality, And Corporate Law Practice, Christopher J. Whelan
Some Realism About Professionalism: Core Values, Legality, And Corporate Law Practice, Christopher J. Whelan
Buffalo Law Review
No abstract provided.
Decrypting The Code Of Ethics: The Relationship Between An Attorney's Ethical Duties And Network Security, Ash Mayfield
Decrypting The Code Of Ethics: The Relationship Between An Attorney's Ethical Duties And Network Security, Ash Mayfield
Oklahoma Law Review
No abstract provided.
The Beloved Community: The Influence And Legacy Of Personalism In The Quest For Housing And Tenants' Rights, 40 J. Marshall L. Rev. 513 (2007), Lloyd T. Wilson Jr.
The Beloved Community: The Influence And Legacy Of Personalism In The Quest For Housing And Tenants' Rights, 40 J. Marshall L. Rev. 513 (2007), Lloyd T. Wilson Jr.
UIC Law Review
No abstract provided.
Legal Ethics And Scientific Testimony: In Defense Of Manufacturing Uncertainty, Deconstructing Expertise And Other Trial Strategies, David S. Caudill
Legal Ethics And Scientific Testimony: In Defense Of Manufacturing Uncertainty, Deconstructing Expertise And Other Trial Strategies, David S. Caudill
Villanova Law Review
No abstract provided.
The Mystery Of The Individual In Modern Law, Joseph Vining
The Mystery Of The Individual In Modern Law, Joseph Vining
Villanova Law Review
No abstract provided.
Spam (Supremacy Clause, Public Forums, And Mailings): The Fifth Circuit's Interpretation Of The Can-Span Act In White Buffalo V. University Of Texas Comment., Jason A. Smith
St. Mary's Law Journal
Unsolicited email advertisement, spam, has been a problem of the internet since its inception. In the face of this onslaught, users have fought back with a variety of methods, involving filtering software. Users have also resorted to the courts, suing spammers under the “trespass to chattels” theory. Not all courts have agreed with this theory, as there is often little evidence of the owner’s use of their servers being adversely affected by a digital trespass. While the states were the first to address overwhelming amount of spam, Congress address the issue with the first nationwide anti-spam legislation, the CAN-SPAM Act. …