Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Colorado Law School (9)
- Brigham Young University Law School (6)
- Georgetown University Law Center (6)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (6)
- American University Washington College of Law (5)
-
- Penn State Dickinson Law (5)
- Schulich School of Law, Dalhousie University (4)
- Duke Law (3)
- Osgoode Hall Law School of York University (3)
- UIC School of Law (3)
- University of Miami Law School (3)
- Boston University School of Law (2)
- Cornell University Law School (2)
- Fordham Law School (2)
- Golden Gate University School of Law (2)
- University at Buffalo School of Law (2)
- University of Missouri School of Law (2)
- University of Missouri-Kansas City School of Law (2)
- Barry University School of Law (1)
- California Polytechnic State University, San Luis Obispo (1)
- Chicago-Kent College of Law (1)
- Columbia Law School (1)
- Edith Cowan University (1)
- Florida A&M University College of Law (1)
- Florida International University College of Law (1)
- Georgia State University College of Law (1)
- Kennesaw State University (1)
- Mississippi College School of Law (1)
- Notre Dame Law School (1)
- Pace University (1)
- Keyword
-
- Ethics (15)
- Legal ethics (9)
- Professional Ethics (7)
- Lawyers (6)
- Human rights (5)
-
- Professional responsibility (5)
- Regulation (5)
- "free prior and informed consent" (4)
- Globalization (4)
- Indigenous lands (4)
- Indigenous peoples (4)
- Legal Profession (4)
- Attorneys (3)
- Communications Law (3)
- Comparative Law (3)
- FPIC (3)
- Indigenous territories (3)
- Justice (3)
- Legal profession (3)
- Professionalism (3)
- Social media (3)
- States (3)
- UNDRIP (3)
- AALS (2)
- ABA (2)
- Accreditation (2)
- Advertising (2)
- American Bar Association (2)
- Association of American Law Schools (2)
- Class actions (2)
- Publication
-
- Faculty Scholarship (11)
- Georgetown Law Faculty Publications and Other Works (6)
- Vol. 3: Religious Conviction (6)
- Articles in Law Reviews & Other Academic Journals (5)
- Faculty Scholarly Works (5)
-
- Free, Prior and Informed Consent: Pathways for a New Millennium (November 1) (5)
- Publications (5)
- Articles (4)
- Articles, Book Chapters, & Popular Press (4)
- Scholarly Works (4)
- All Faculty Scholarship (3)
- Faculty Publications (3)
- Journal Articles (3)
- Nevada Supreme Court Summaries (3)
- UIC Law Open Access Faculty Scholarship (3)
- Comparative Research in Law & Political Economy (2)
- Cornell Law Faculty Publications (2)
- Faculty Articles (2)
- Faculty Works (2)
- Law Faculty Publications (2)
- Other Scholarship (2)
- Scholarly Articles (2)
- Articles & Book Chapters (1)
- Articles About Faculty (1)
- Articles, Chapters in Books and Other Contributions to Scholarly Works (1)
- Center for the Study of Ethics in Society Papers (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Articles and Other Publications (1)
- Faculty Publications By Year (1)
- Faculty and Research Publications (1)
Articles 91 - 102 of 102
Full-Text Articles in Law
The Critique Of Judgment: Introduction, Angelica Nuzzo, David G. Carlson
The Critique Of Judgment: Introduction, Angelica Nuzzo, David G. Carlson
Articles
No abstract provided.
Reassessing The Citizens Protection Act: A Good Thing It Passed, And A Good Thing It Failed, Rima Sirota
Reassessing The Citizens Protection Act: A Good Thing It Passed, And A Good Thing It Failed, Rima Sirota
Georgetown Law Faculty Publications and Other Works
The Citizens Protection Act (CPA) of 1998 has always been a lightening rod for criticism, and it remains so today. This article reassesses the CPA’s perceived inadequacies in light of how it has actually affected (or, not affected) federal prosecutors’ involvement in criminal investigations. The article takes issue with the critics and demonstrates that the CPA succeeded where it should have, failed where it should have, and left us—however inadvertently—with a remarkably coherent and consistent approach to regulating federal prosecutors’ involvement in criminal investigations regardless of whether a suspect retains counsel early in the proceedings.
The CPA requires federal prosecutors …
Measuring Justice, Jane H. Aiken, Stephen Wizner
Measuring Justice, Jane H. Aiken, Stephen Wizner
Georgetown Law Faculty Publications and Other Works
The research imperative of refining ways to measure justice is important and necessary. Our work as lawyers improves the more we know about our effectiveness and the more our choices are evidence based. Nevertheless, quantifying the work of a lawyer is not easy. How do we ensure that any measure of justice captures outcomes for both trial-based advocacy and non-trial-based advocacy on behalf of clients, including negotiated outcomes? How do we quantify the role lawyers play in listening to our clients, explaining the systems in which they operate, and supporting them through often very difficult times in their lives? How …
The Solicitor General And Confession Of Error, Neal K. Katyal
The Solicitor General And Confession Of Error, Neal K. Katyal
Georgetown Law Faculty Publications and Other Works
Confessions of error have a long history. From the very beginning of the Solicitor General's position, we have had confessions of error.
All Solicitors General-it doesn't matter whether they are appointed by a Republican or a Democrat-have confessed error, roughly at the pace of two to three times per Supreme Court term.
Toward A Jurisprudence Of Law, Peace, Justice, And A Tilt Toward Non-Violent And Empathic Means Of Human Problem Solving, Carrie Menkel-Meadow
Toward A Jurisprudence Of Law, Peace, Justice, And A Tilt Toward Non-Violent And Empathic Means Of Human Problem Solving, Carrie Menkel-Meadow
Georgetown Law Faculty Publications and Other Works
In this essay the author sets out some questions about whether law can be made a site of encouraging more positive, peace seeking, non-violent, and pro-social behaviors. These questions derive from my own family history, as well as from my experience as a social and political activist, and also as a practicing lawyer and legal scholar. She begins in the introduction by setting out these questions in light of current conditions of domestic and international violence and some past considerations of categories of law. In the second section of this essay the author explains where her questions come from—her personal …
Nested Ethics: A Tale Of Two Cultures, Milton C. Regan
Nested Ethics: A Tale Of Two Cultures, Milton C. Regan
Georgetown Law Faculty Publications and Other Works
This article suggests that a law firm that desiring to promote ethical behavior by its lawyers needs to complement efforts to establish an “ethical infrastructure” and an “ethical culture” with attention to its broader organizational culture. Specifically, research indicates that the perception that an organization treats its members fairly–their sense of organizational justice--is an important factor in prompting members’ ethical behavior.
Many law firms in the last two or three decades have devoted attention to establishing what has been called an “ethical infrastructure” that reflects appreciation of the importance of organizational policies and procedures in encouraging ethical behavior. Such measures …
Attorney Responsibility And Client Incapacity, Raymond C. O'Brien
Attorney Responsibility And Client Incapacity, Raymond C. O'Brien
Scholarly Articles
This Article suggests what an attorney should consider when representing a client suspected by the attorney of having diminished capacity, anticipating diminished capacity, or a client anticipating a response to the legal dilemmas posed by aging. So too, this Article suggests what an attorney should consider when retained by the family members of an allegedly incapacitate person. After providing demographics regarding aging, this Article will specifically address the attorney-client relationship in the context of the Model Rules of the American Bar Association. Next, this Article will integrate the attorney's responsibility regarding the proper execution of a Last Will and Testament, …
Are Legal Ethics Ethical? A Survey Experiment, Stephen Galoob, Su Li
Are Legal Ethics Ethical? A Survey Experiment, Stephen Galoob, Su Li
Articles, Chapters in Books and Other Contributions to Scholarly Works
Many core questions in legal ethics concern the relationship between ordinary morality and rules of professional conduct that govern lawyers. Do these legal ethics rules diverge from ordinary morality? Is the lawyer's role morally distinctive? Do professional norms establish what the lawyer has most reason to do? Conjectured answers to these questions abound. In this Article, we use methods from moral psychology and experimental philosophy to provide the first systematic, empirical examination of these questions. Results from a survey experiment suggest that legal ethics rules about advocacy and confidentiality diverge from lay moral judgments; that lay judgments do not, in …
Our Place In The World: A New Relationship For Environmental Ethics And Law, Jedediah S. Purdy
Our Place In The World: A New Relationship For Environmental Ethics And Law, Jedediah S. Purdy
Faculty Scholarship
Forty years ago, at the birth of environmental law, both legal and philosophical luminaries assumed that the new field would be closely connected with environmental ethics. Instead, the two grew dramatically apart. This Article diagnoses that divorce and proposes a rapprochement. Environmental law has always grown through changes in public values; for this and other reasons, it cannot do so without ethics. Law and ethics are most relevant to each other when there are large open questions in environmental politics: lawmakers act only when some ethical clarity arises; but law can itself assist in that ethical development. This process is …
Lawyers’ Professional Independence: Overrated Or Undervalued?, Bruce A. Green
Lawyers’ Professional Independence: Overrated Or Undervalued?, Bruce A. Green
Faculty Scholarship
This article explores the concept of lawyers’ "professional independence" in the literature of the U.S. legal profession. It begins with some reflections on the conventional meanings of professional independence, which encompasses both the bar’s collective independence to regulate its members and individual lawyers’ independence in the context of professional representations, including independence from clients, on one hand, and independence from third parties, on the other. The article suggests that the professional conduct rules are overly preoccupied with protecting lawyers’ professional independence from the corrupting influences of other professionals. The article then turns to an aspect of professional independence that has …
Unregulated Corporate Internal Investigations: Achieving Fairness For Corporate Constituents, Bruce A. Green, Ellen S. Progdor
Unregulated Corporate Internal Investigations: Achieving Fairness For Corporate Constituents, Bruce A. Green, Ellen S. Progdor
Faculty Scholarship
This article focuses on the relationship between corporations and their employee constituents in the context of corporate internal investigations, an unregulated multi-million dollar business. The classic approach provided in the 1981 Supreme Court opinion, Upjohn v. United States, is contrasted with the reality of modern-day internal investigations that may exploit individuals to achieve a corporate benefit with the government. Attorney-client privilege becomes an issue as corporate constituents perceive that corporate counsel is representing their interests, when in fact these internal investigators are obtaining information for the corporation to barter with the government. Legal precedent and ethics rules provide little relief …
What Cognitive Dissonance Tells Us About Tone In Persuasion, Kathryn M. Stanchi
What Cognitive Dissonance Tells Us About Tone In Persuasion, Kathryn M. Stanchi
Scholarly Works
This Article takes the first step in thinking about where good advocacy should draw the line between zeal and coercion. Legal advocates differ about how to navigate that line.' Is the best service to the client to be found in the most aggressive, strongest, hard-line approach? Or is a more tempered, reasonable approach most likely to produce the best results?
This Article looks at cognitive science for guidance on this question. One cognitive process that seems to be integral to tone is cognitive dissonance, a concept I will explain in Part II. I then take a close look at two …