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Articles 1 - 14 of 14
Full-Text Articles in Law
Lawyer Advertising And The First Amendment, Lori B. Andrews
Lawyer Advertising And The First Amendment, Lori B. Andrews
All Faculty Scholarship
No abstract provided.
Henry Knox And The Moral Theology Of Law Firms, Thomas L. Shaffer
Henry Knox And The Moral Theology Of Law Firms, Thomas L. Shaffer
Journal Articles
One of the reasons we modern American lawyers find the "golden age" of our 19th century forebears attractive is that it was morally unambiguous. It seems to have been an age of giants who were consistent. The "republican" lawyers who wrote our first statements on legal ethics were moral theologians as well as leaders—and they found no difficulty in being both. David Hoffman, who attracted as much applause from the conservative Calvinists at Princeton Theological Seminary as he attracted from the bench and bar, drew no distinction between the morals he practiced at home and the morals he practiced in …
Lawyers Are People Too..., Donald L. Burnett Jr.
From Tort To Crime: Some Reflections On The Criminalization Of Fiduciary Breaches And The Problematic Line Between Law And Ethics, John C. Coffee Jr.
From Tort To Crime: Some Reflections On The Criminalization Of Fiduciary Breaches And The Problematic Line Between Law And Ethics, John C. Coffee Jr.
Faculty Scholarship
Within the context of mail and wire fraud prosecutions, criminal liability for breach of fiduciary duties is being imposed with increasing frequency. Professor Coffee discusses the disturbing failure of the courts to require that the fiduciary's conduct have caused legally cognizable harm to the beneficiary. He concludes that an affirmative defense should be available to fiduciaries to show the lack of proximate cause between a breach and the injury. In addition, federal enforcement should occur only after state and private remedies have proven inadequate.
Save The Legal Services Corporation, Thomas Ehrlich
Save The Legal Services Corporation, Thomas Ehrlich
Articles by Maurer Faculty
No abstract provided.
Legal Services For Poor People, Thomas Ehrlich
Legal Services For Poor People, Thomas Ehrlich
Articles by Maurer Faculty
No abstract provided.
Client-Lawyer Confidentiality, William D. Popkin
Client-Lawyer Confidentiality, William D. Popkin
Articles by Maurer Faculty
No abstract provided.
Choice Of Federal Or State Law For Attorneys' Professional Responsibility In Securities Matters, Ted J. Fiflis
Choice Of Federal Or State Law For Attorneys' Professional Responsibility In Securities Matters, Ted J. Fiflis
Publications
Professional standards of duty are implicated in the federal securities laws in two types of cases: those instituted by the SEC to impose sanctions for lack of character or unethical conduct and those brought by the SEC or private parties for violations of substantive provisions of the securities laws. The question faced by Professor Fiflis is whether state or federal standards should define the duties imposed under these laws. He argues that the proper method of resolving this question is to apply an interest analysis. Analyzing the various state and federal interests leads Professor Fiflis to the conclusion that federal …
Judge Frankel And The Adversary System, William T. Pizzi
Judge Frankel And The Adversary System, William T. Pizzi
Publications
No abstract provided.
Singing Those Law Office Blues, Gary A. Munneke
Singing Those Law Office Blues, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
There were 2,750 young lawyers, 1.8 percent of all young attorneys in the ABA, who responded to the Career Satisfaction Survey. The preliminary survey involved in-depth interviews with 150 young lawyers. The final questionnaire was based upon these interviews. The responses were many and varied, and it was difficult to find many answers "In common. Some respondents found it necessary to elaborate on their answers by writing comments in the columns of the survey. A few of these answers are included because they were both humorous and enlightening.
The Moral Theology Of Atticus Finch, Thomas L. Shaffer
The Moral Theology Of Atticus Finch, Thomas L. Shaffer
Journal Articles
Heroes are identified by the needs of those who choose them. In the case of Atticus Finch, heroism centered on his insistence in telling the truth. In this article, Thomas L. Shaffer explores the idea that this truth was (I) an expression of the person he was and of the community he sought for his children and neighbors; (II) an expression of the virtue of courage and also (and therefore) the expression of a theology; (III) a political act; and (IV) a professional act. As early as 1854, Judge Sharswood (chief justice, law dean and eminent lawyer) could draw a …
An Analysis Of The Employment Patterns Of Minority Law Graduates, Gary A. Munneke
An Analysis Of The Employment Patterns Of Minority Law Graduates, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
This article will discuss the findings of the annual Employment Report of the National Association for Law Placement (NALP) as they relate to the employment patterns of black law school graduates. The NALP surveys provide a reliable and informative picture of legal employment in this country. The survey should prove useful in the development of in-depth instruments to measure career development among black attorneys. This article will present the background and methodology of the Employment Survey in order to aid in the interpretation of the data.
Professional Responsibility Issues In International Law Practice , Roger J. Goebel
Professional Responsibility Issues In International Law Practice , Roger J. Goebel
Faculty Scholarship
The present Code of Professional Responsibility (CPR) is essentially geared to guide the conduct of the lawyer as advocate or litigator. It is certainly of assistance to the American international lawyer in establishing guidelines for his conduct, but only of limited assistance since the international lawyer usually serves more as an advisor to, or negotiator for, his clients. In contrast, the recent ABA draft Model Rules of Professional Conduct (MRPC) provide a more useful basis for examination of the international lawyer's ethical responsibilities, as they do in many respects for the corporate or commercial lawyer who assists domestic clients in …
Ethics, Marshall J. Breger