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Full-Text Articles in Law
Prosecutorial Misconduct In Presenting Evidence: "Backdooring" Hearsay, Bennett L. Gershman
Prosecutorial Misconduct In Presenting Evidence: "Backdooring" Hearsay, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
Rules of evidence are designed to bring about just and informed decisions. One of these rules, the hearsay rule, is designed to ensure that juries receive reliable evidence, and that out-of-court statements ordinarily are inadmissible. Prosecutors are well aware of these evidentiary restrictions, but occasionally seek to circumvent them. The author describes methods used by some prosecutors to manipulate the hearsay rule and thereby distort the truth-finding process of the trial.
Ideologies Of Professionalism And The Politics Of Self-Regulation In The California State Bar, William T. Gallagher
Ideologies Of Professionalism And The Politics Of Self-Regulation In The California State Bar, William T. Gallagher
Publications
This Article is a case study of the California State Bar lawyer discipline system in crisis. The Bar's lawyer discipline system is the official state mechanism for regulating the professional conduct of California's more than 100,000 lawyers. The State Bar in California self-regulates as an adjunct of the judicial branch of government. The State Bar operates in this capacity as a quasi-governmental body while at the same time functioning as a professional organization, of which one role is to represent the collective interests of California lawyers. This is truly an extraordinary status. Unlike most other occupational groups, the legal profession …
Proverbial Practice: Legal Ethics From Old Testament Wisdom, Gordon J. Beggs
Proverbial Practice: Legal Ethics From Old Testament Wisdom, Gordon J. Beggs
Law Faculty Articles and Essays
The Old Testament book of Proverbs supplied foundational moral values for our nation's legal ethics. With the adoption and revision of formal codes, moral teaching has virtually disappeared from legal ethics. This essay suggests that the wisdom of Proverbs offers a timely challenge to the character of the legal profession by advocating values which include justice, purity, mercy, humility, honesty, candor, truthful testimony, and civility.
Aba Delegates Amend Model Rule , Susan J. Becker
Aba Delegates Amend Model Rule , Susan J. Becker
Law Faculty Articles and Essays
The ABA House of Delegates has amended Model Rule 4.2 regarding whom attorneys may ethically contact directly during the course of litigation or other legal matters. This article discusses the ramifications of this change.
Seeing The Forest And The Trees: The Proper Role Of The Bankruptcy Attorney, Nancy B. Rapoport
Seeing The Forest And The Trees: The Proper Role Of The Bankruptcy Attorney, Nancy B. Rapoport
Scholarly Works
This article discusses the tension between the lawyer's duty to her client and her duty to the legal system as an officer of the court. It concludes that, in a situation in which those two duties conflict, the lawyer's duty to the system as a whole should trump the duty to the client.