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Articles 91 - 113 of 113
Full-Text Articles in Law
When Less Is More: The Limitless Potential Of Limited Scope Representation To Increase Access To Justice For Low- To Moderate-Income Individuals, Kristy D'Angelo-Corker
When Less Is More: The Limitless Potential Of Limited Scope Representation To Increase Access To Justice For Low- To Moderate-Income Individuals, Kristy D'Angelo-Corker
Marquette Law Review
Both attorneys and judges take an oath to promote justice for all, however,
that is not the case in our current system. The world we live in today looks
incredibly different than it did just a few years ago and, as a result, the practice
of law must adapt to meet the changing needs of individuals in this new era.
Notably, the access to justice problem, specifically affecting low- to moderateincome
individuals, requires a shift in the availability of legal services
provided. Limited scope representation, which has been accepted by the
American Bar Association for 20+ years, where an attorney …
Hallows Lecture: Ambition And Aspiration: Living Greatly In The Law, Lee H. Rosenthal
Hallows Lecture: Ambition And Aspiration: Living Greatly In The Law, Lee H. Rosenthal
Marquette Law Review
none
Bias In The Boardroom: Implicit Bias In The Selection And Treatment Of Women Directors
Bias In The Boardroom: Implicit Bias In The Selection And Treatment Of Women Directors
Marquette Law Review
In light of the stagnation in growth of women directors on corporate boards, board diversity advocates and corporate leaders should look to the role implicit gender bias plays in the board nomination process and in challenges women directors face while serving on boards. Relevant stakeholders often overlook how implicit bias barriers prevent women from reaching the boardroom and persist as obstacles once women directors have earned their seats on the board. Incorporating social psychological research on implicit bias and recognized strategies to work around bias, such as objective assessments and guidelines, data analytics, and accountability mechanisms, this Article encourages companies …
Aba Model Rule 8.4(G) In The States, Josh Blackman
Aba Model Rule 8.4(G) In The States, Josh Blackman
Catholic University Law Review
This essay will provide a brief overview of how the states have responded to
ABA Model Rule 8.4(g). Part I reviews opinions from four state attorneys
general who concluded that the rule is unconstitutional: Texas, South Carolina,
Louisiana, and Tennessee. Part II discusses the states that considered the rule
with modifications. Part III reviews the states that considered Rule 8.4(g) as
drafted. So far, only one state adopted the rule: Vermont. However, the process
is still not over, and other states are currently considering the rule.
What Is The Best Model For Investigating Presidential Wrongdoing, Today?, Bruce Ledewitz
What Is The Best Model For Investigating Presidential Wrongdoing, Today?, Bruce Ledewitz
Duquesne Law Review
No abstract provided.
Special Counsel Investigations And Legal Ethics: The Role Of Secret Taping, Peter A. Joy
Special Counsel Investigations And Legal Ethics: The Role Of Secret Taping, Peter A. Joy
Duquesne Law Review
No abstract provided.
Prosecutors In The Court Of Public Opinion, Bruce A. Green
Prosecutors In The Court Of Public Opinion, Bruce A. Green
Duquesne Law Review
No abstract provided.
Reading The Prisoner's Letter: Attorney-Client Confidentiality In Inmate Correspondence, Gregory Sisk, Michelle King, Joy Nissen Beitzel, Bridget Duffus, Katherine Koehler
Reading The Prisoner's Letter: Attorney-Client Confidentiality In Inmate Correspondence, Gregory Sisk, Michelle King, Joy Nissen Beitzel, Bridget Duffus, Katherine Koehler
Journal of Criminal Law and Criminology
No one in our society has a more compelling need to communicate in complete confidence with a lawyer than a prisoner, when challenging a conviction as wrongful or prison conditions as unlawful. No one has a greater need to be able to engage in the uninhibited discussion of highly personal matters, tragic events, and official misconduct. A prisoner’s constitutional rights to freedom of speech, access to the courts, due process, and assistance of counsel are placed in unique jeopardy when a correctional system insists on prying into the substantive contents of legal mail.
In this Article, we explain the vital …
Dispute Resolution Neutrals’ Ethical Obligation To Support Measured Transparency, Nancy A. Welsh
Dispute Resolution Neutrals’ Ethical Obligation To Support Measured Transparency, Nancy A. Welsh
Oklahoma Law Review
No abstract provided.
The Duty Dilemma: When The Duty To Mitigate Damages And The Duty To Preserve Evidence Collide, Collen L. Steffen
The Duty Dilemma: When The Duty To Mitigate Damages And The Duty To Preserve Evidence Collide, Collen L. Steffen
Oklahoma Law Review
No abstract provided.
The Promise And Limitations Of Artificial Intelligence In The Practice Of Law, W. Bradley Wendel
The Promise And Limitations Of Artificial Intelligence In The Practice Of Law, W. Bradley Wendel
Oklahoma Law Review
No abstract provided.
Artificial Wisdom? A Potential Limit On Ai In Law (And Elsewhere), Joshua P. Davis
Artificial Wisdom? A Potential Limit On Ai In Law (And Elsewhere), Joshua P. Davis
Oklahoma Law Review
No abstract provided.
Online Legal Document Providers And The Public Interest: Using A Certification Approach To Balance Access To Justice And Public Protection, Susan Saab Fortney
Online Legal Document Providers And The Public Interest: Using A Certification Approach To Balance Access To Justice And Public Protection, Susan Saab Fortney
Oklahoma Law Review
No abstract provided.
Minding The Gaps In Lawyers’ Rules Of Professional Conduct, Anita Bernstein
Minding The Gaps In Lawyers’ Rules Of Professional Conduct, Anita Bernstein
Oklahoma Law Review
No abstract provided.
When Robots Make Legal Mistakes, Susan C. Morse
When Robots Make Legal Mistakes, Susan C. Morse
Oklahoma Law Review
No abstract provided.
Immunity Incorporated: All The Injustice That Jeffrey Epstein Can Buy, Janice G. Raymond
Immunity Incorporated: All The Injustice That Jeffrey Epstein Can Buy, Janice G. Raymond
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Still “Snowing” In The Sunshine State: An Analysis Of And Potential Solutions To The Lack Of Protection From Employer Retaliation For Florida Lawyers Who Adhere To The State’S Mandatory Reporting Of Professional Misconduct Rule, Jason A. Anon
FIU Law Review
No abstract provided.
Civility, Courtesy, Professionalism And Behaving Responsibly In An Age Of Rudeness, Leonard Pertnoy
Civility, Courtesy, Professionalism And Behaving Responsibly In An Age Of Rudeness, Leonard Pertnoy
Intercultural Human Rights Law Review
As members of the legal profession, we live out who we are by our actions, and it is time this includes good manners, disciplined behavior, and respect for each other and for the legal system. It is these requirements that are at the core of maintaining and preserving our democratic system. Perhaps it is time to supplement the code of professional responsibility with a code of personal behavior to ensure civility in courts. Toward this end, I propose the following: The Twelve Commandments of Professional Behavior
Lead Us Not Into Temptation: A Response To Barbara Fedders’S “Opioid Policing”, Anna Roberts
Lead Us Not Into Temptation: A Response To Barbara Fedders’S “Opioid Policing”, Anna Roberts
Indiana Law Journal
In “Opioid Policing,”1 Barbara Fedders contributes to the law review literature the first joint scholarly analysis of two drug policing innovations: Seattle’s Law Enforcement Assisted Diversion (LEAD) program and the Angel Initiative, which originated in Gloucester, Massachusetts. Even while welcoming the innovation and inspiration of these programs, she remains clear-eyed about the need to scrutinize their potential downsides. Her work is crucially timed. While still just a few years old, LEAD has been replicated many times2 and appears likely to be replicated still further—and to be written about much more. Inspired by Fedders’s call for a balanced take, this Response …
Towards A Parent-Inclusive Attorney-Client Privilege, Sande L. Buhai
Towards A Parent-Inclusive Attorney-Client Privilege, Sande L. Buhai
Georgia Law Review
Few state or federal courts recognize a parent-child
testimonial or communication privilege. Yet, courts
recognize privileges between spouses, clergy-penitent,
and therapist-patient. Supported by the Wigmore test
that legitimized these privileges, this paper argues that
the attorney-client privilege should still exist even if (1)
a client’s parent is included in an attorney-client
meeting in an advisory capacity; (2) the child discloses
contents of the attorney-client communications to the
child’s parent; or (3) the child discusses the contents of
the attorney-client communications with the child’s
parent.
Myth Of The Attorney Whistleblower, Carliss N. Chatman
Myth Of The Attorney Whistleblower, Carliss N. Chatman
SMU Law Review
Notwithstanding the political grandstanding and legal regimes put in place to prevent the next Enron, this article explores whether attorney whistleblower provisions provided in the Standards of Professional Con- duct for Attorneys Appearing and Practicing Before the Commission in the Representation of an Issuer and in the Model Rules of Professional Con- duct are effective. When faced with attorney involvement in Enron, Congress passed § 307 of the Sarbanes Oxley Act (Sarbanes), which required the Securities and Exchange Commission (SEC) to amend its standards governing the conduct of attorneys practicing before the SEC. In response, the SEC and the American …
The Problem Of The Faithless Principal: Fiduciary Theory And The Capacities Of Clients, W. Bradley Wendel
The Problem Of The Faithless Principal: Fiduciary Theory And The Capacities Of Clients, W. Bradley Wendel
Penn State Law Review
Philosophers sometimes criticize the lawyer-client relationship for rendering the lawyer “at best systematically amoral.” Legal ethics theorists typically analyze the lawyer-client relationship in terms of role-differentiation or a separation of public and private moralities. But if we concentrate instead on the allocation of responsibility for decisionmaking within a fiduciary relationship, the idea of differentiation or separation of moral spheres falls away somewhat . This Article considers two issues raised by the allocation of moral responsibility within the lawyer-client relationship. First, why should the agency structure of the lawyer-client relationship, with its associated fiduciary duties, do anything to affect the moral …
The Future Is ̶B̶R̶I̶G̶H̶T̶ Complicated: Ai, Apps & Access To Justice, Emily S. Taylor Poppe
The Future Is ̶B̶R̶I̶G̶H̶T̶ Complicated: Ai, Apps & Access To Justice, Emily S. Taylor Poppe
Oklahoma Law Review
No abstract provided.