Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- New York Law School (4)
- Texas A&M University School of Law (4)
- University of Michigan Law School (4)
- Boston University School of Law (3)
- St. Mary's University (3)
-
- University of Connecticut (3)
- American University Washington College of Law (2)
- Duke Law (2)
- Maurer School of Law: Indiana University (2)
- Schulich School of Law, Dalhousie University (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
- University of Missouri-Kansas City School of Law (2)
- University of Pittsburgh School of Law (2)
- University of Tennessee College of Law (2)
- University of Washington School of Law (2)
- Brooklyn Law School (1)
- Cleveland State University (1)
- Columbia Law School (1)
- Duquesne University (1)
- Emory University School of Law (1)
- Georgetown University Law Center (1)
- Georgia Southern University (1)
- Roger Williams University (1)
- St. John's University School of Law (1)
- The Catholic University of America, Columbus School of Law (1)
- UIC School of Law (1)
- University of Louisville (1)
- Vanderbilt University Law School (1)
- Washington University in St. Louis (1)
- Washington and Lee University School of Law (1)
- Keyword
-
- Legal ethics (9)
- Legal profession (8)
- Professional responsibility (6)
- Ethics (4)
- ABA (3)
-
- Access to justice (3)
- American Bar Association (3)
- Government lawyers (3)
- Legal education (3)
- Legal history (3)
- Michael Ariens (3)
- St. Mary's University School of Law (3)
- Attorney-client (2)
- Bar exam (2)
- Bioethics (2)
- Circular 230 (2)
- Criminal law (2)
- Discrimination (2)
- Empathy (2)
- Empirical study (2)
- Eviction (2)
- First Amendment (2)
- Lawyer misconduct (2)
- Legal practice (2)
- Professional Responsibility (2)
- Tax (2)
- Tax bar (2)
- Tax planning (2)
- Vaccines (2)
- 2020 (1)
- Publication
-
- Faculty Scholarship (11)
- Articles (6)
- Articles & Chapters (4)
- Scholarly Works (4)
- Faculty Articles (3)
-
- Articles in Law Reviews & Other Academic Journals (2)
- Articles, Book Chapters, & Popular Press (2)
- Faculty Articles and Papers (2)
- Faculty Works (2)
- Scholarly Articles (2)
- Articles by Maurer Faculty (1)
- Association of Marketing Theory and Practice Proceedings 2022 (1)
- Bankruptcy Research Library (1)
- Connecticut Law Review (1)
- Emory Law Journal Online (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Judicature International (1)
- Keep Up With the Latest News from the Law School (blog) (1)
- Law Faculty Articles and Essays (1)
- Law Faculty Publications (1)
- Law Faculty Scholarship (1)
- Law Librarian Scholarship (1)
- Online Publications (1)
- Reviews (1)
- Scholarship@WashULaw (1)
- UIC Law Open Access Faculty Scholarship (1)
- Vanderbilt Law School Faculty Publications (1)
Articles 31 - 55 of 55
Full-Text Articles in Law
Designing Interdisciplinary, Early Intervention Dispute Resolution Tools To Decrease Evictions And Increase Housing Stability, Christine N. Cimini
Designing Interdisciplinary, Early Intervention Dispute Resolution Tools To Decrease Evictions And Increase Housing Stability, Christine N. Cimini
Articles
This Article provides a unique glimpse into the development of an early-intervention, pre-court, interdisciplinary dispute resolution project intended to decrease evictions and increase housing stability for recipients of subsidized housing in Seattle. With a grant from the Seattle Housing Authority (SHA), a coalition of non-profit organizations had the rare opportunity to design a dispute resolution system into existence. A dispute system design team was formed and began by examining the interconnected problems of housing instability, eviction, and houselessness. Despite thorough research on dispute system design and extensive meetings with stakeholders, the deign team encountered numerous challenges. This Article identifies the …
Legal Ethics For Government Lawyers: Confronting Doctrinal Gaps, Andrew Martin
Legal Ethics For Government Lawyers: Confronting Doctrinal Gaps, Andrew Martin
Articles, Book Chapters, & Popular Press
Despite the recent growth in the Canadian literature on legal ethics for government lawyers, the leading conceptual models have yet to be applied to resolve many of the most important legal questions facing government lawyers. In this article, I identify four key situations where the obligations of government lawyers as lawyers appear to clash with their obligations as public servants. I provide both a doctrinal analysis of how the current law applies in those situations and proposals for how the law can be clarified and improved. This analysis both provides much needed guidance to government lawyers and promotes a greater …
How To Raise Disagreements With Senior Attorneys, Richard L. Heppner Jr.
How To Raise Disagreements With Senior Attorneys, Richard L. Heppner Jr.
Law Faculty Publications
As a new attorney, you may receive assignments from your supervising attorney like:
• find a case that stands for this legal argument,
• draft the section of the brief arguing that the court has no jurisdiction, or
• write a client memo explaining why this asset purchase is a good idea.
Sometimes you will discover that the initial assignment isn’t necessarily the best approach. This paper discusses how to engage your supervising attorney in a such situations.
Ethical Duties Of Class Counsel Also Representing Class Representatives, Nancy J. Moore
Ethical Duties Of Class Counsel Also Representing Class Representatives, Nancy J. Moore
Faculty Scholarship
In their excellent article entitled May Class Counsel Also Represent Lead Plaintiffs?,1 Professors Bruce Green and Andrew Kent explore a particular aspect of two broader questions I have also addressed: (1) who should regulate class action lawyers;2 and (2) who will regulate class action lawyers?3 I, too, focused on lawyers' conflicts of interest; however, Professors Green and Kent focus even more specifically on conflicts arising from class counsel's simultaneous representation of both the class and individual clients who are serving or will serve as class representatives. Their concern is with three particular scenarios in which the class …
The Fall Of An American Lawyer, Michael Ariens
The Fall Of An American Lawyer, Michael Ariens
Faculty Articles
John Randall is the only former president of the American Bar Association to be disbarred. He wrote a will for a client, Lovell Myers, with whom Randall had been in business for over a quarter-century. The will left all of Myers’s property to Randall, and implicitly disinherited his only child, Marie Jensen. When Jensen learned of the existence of a will, she sued to set it aside. She later filed a complaint with the Iowa Committee on Professional Ethics and Conduct. That complaint was the catalyst leading to Randall’s disbarment.
Randall had acted grievously in serving as Lovell Myers’s attorney. …
When Patients Are Their Own Doctors: Roe V. Wade In An Era Of Self-Managed Care, Yvonne F. Lindgren
When Patients Are Their Own Doctors: Roe V. Wade In An Era Of Self-Managed Care, Yvonne F. Lindgren
Faculty Works
The Supreme Court in Roe v. Wade framed the abortion right as a right to make the abortion decision in consultation with a “responsible physician.” Under this framing, doctors were cast in the role of medical “gatekeepers” to mediate patient access to abortion. In the ensuing years, the doctor-patient relationship has become the site of restrictive abortion regulations in many states. This Article argues that Roe’s framing suffers from a foundational flaw: While the gatekeeper framing may have been appropriate in the Roe era when abortion was surgical and non-clinical abortions were potentially lethal, today, medication abortion—a two-drug non-surgical regimen …
Building Fierce Empathy, Binny Miller
Building Fierce Empathy, Binny Miller
Articles in Law Reviews & Other Academic Journals
In this Article I explore the process of building and sustaining empathy with clients in the context of representing juvenile lifers-- people convicted of serious crimes as children and sentenced to life or sentences that ensure that they spend most of their lives in prison--in a law school clinic. Before turning to my own lawyering experiences and those of my clinic students, I ground the discussion of empathy in the competing theories of Charles Ogletree and Abbe Smith about the value of empathic lawyering for public defenders. These theories, together with the contributions of other scholars, provide a springboard for …
Changing Every Wrong Door Into The Right One: Reforming Legal Services Intake To Empower Clients, Jabeen Adawi
Changing Every Wrong Door Into The Right One: Reforming Legal Services Intake To Empower Clients, Jabeen Adawi
Articles
It’s recognized that people affected by poverty often have numerous overlapping legal needs and despite the proliferation of legal services, they are unable to receive full assistance. When a person is faced with a legal emergency, rarely is there an equivalent to a hospital’s emergency room wherein they receive an immediate diagnosis for their needs and subsequent assistance. In this paper, I focus on the process a person goes through to find assistance and argue that it is a burdensome, and demoralizing task of navigating varying protocols, procedures, and individuals. While these systems are well intentioned from the lawyer’s perspective, …
Judicial Review Of Directors' Duty Of Care: A Comparison Between U.S. & China, Zhaoyi Li
Judicial Review Of Directors' Duty Of Care: A Comparison Between U.S. & China, Zhaoyi Li
Articles
Articles 147 and 148 of the Company Law of the People’s Republic of China (“Chinese Company Law”) establish that directors owe a duty of care to their companies. However, both of these provisions fail to explain the role of judicial review in enforcing directors’ duty of care. The duty of care is a well-trodden territory in the United States, where directors’ liability is predicated on specific standards. The current American standard, adopted by many states, requires directors to “discharge their duties with the care that a person in a like position would reasonably believe appropriate under similar circumstances.” However, both …
Worth A Shot: Encouraging Vaccine Uptake Through "Empathy", Jody L. Madeira
Worth A Shot: Encouraging Vaccine Uptake Through "Empathy", Jody L. Madeira
Articles by Maurer Faculty
Pro- and anti-vaccine organizations and individuals have frequently invoked empathy as a strategy for increasing uptake of COVID-19 precautions, including vaccinations. On one hand, vaccine supporters deployed empathy to defuse conflict, prioritize safeguarding the collective welfare, and avoid government mandates. On the other hand, vaccine opponents used empathy to emphasize the alleged individual effects of pandemic precautions, mobilize public voices, and stress the importance of medical freedom in policy-making contexts.
This Article first defines empathy and reviews empathy scholarship, paying particular attention to its relationship with narrative and the contexts where empathy can be difficult or dangerous. It then applies …
A Study Of Tax Lawyers Discussing Duties, Michelle M. Kwon, Michael Hatfield
A Study Of Tax Lawyers Discussing Duties, Michelle M. Kwon, Michael Hatfield
Scholarly Works
This Article reports the first qualitative empirical study of U.S. tax lawyers. We interviewed women lawyers who were tax planning specialists. Though this is the first such study of U.S. tax lawyers, this methodology has been used often to study the professional ethics of other tax practitioners around the world. We had three research questions that we sought to answer through dynamic conversations on topics such as the distinctions between good and bad tax plans and good and bad tax lawyers and also the joys and stresses of tax practice. Our first research question was as to the make-up of …
The Entity Attorney-Client Privilege Meets The Twenty-First Century: Rethinking Functional Equivalent Analysis In The Time Of A Nonemployee Workforce., Grace M. Giesel
The Entity Attorney-Client Privilege Meets The Twenty-First Century: Rethinking Functional Equivalent Analysis In The Time Of A Nonemployee Workforce., Grace M. Giesel
Faculty Scholarship
Courts have struggled with whether an entity’s attorney-client privilege can protect communications between the entity’s lawyer and a nonemployee who has information the entity’s lawyer needs to best advise the entity. The nonemployee might be a former employee. But increasingly in recent times, the nonemployee is an individual who was never an entity employee. Corporations and other entities have incorporated nonemployees in their economic enterprises in all sorts of roles—roles employees may have held in the past. Many courts have accepted that the privilege can apply to communications involving former employees.
When faced with nonemployees who are not former employees, …
The Lawyers Justice Corps: A Licensing Pathway To Enhance Access To Justice, Eileen Kaufman
The Lawyers Justice Corps: A Licensing Pathway To Enhance Access To Justice, Eileen Kaufman
Scholarly Works
The idea for establishing a Lawyers Justice Corps emerged out of efforts to solve a problem: how to license lawyers at a time when COVID-19 had expanded the need for new lawyers while also making an in-person bar exam dangerous, if not impossible. We-the Collaboratory on Legal Education and Licensing for Practice'-proposed the Lawyers Justice Corps to provide a different and better way of certifying minimum competence for new attorneys while at the same time helping to create a new generation of lawyers equipped to address a wide range of social justice, racial justice, and criminal justice issues. When implemented, …
The Long Shadow Of United States V. Rosenberg: A Biographical Perspective On The Hon. Irving Robert Kaufman, Rodger D. Citron
The Long Shadow Of United States V. Rosenberg: A Biographical Perspective On The Hon. Irving Robert Kaufman, Rodger D. Citron
Scholarly Works
No abstract provided.
College Sport Ethics: Moral Versus Consequentialist Drivers Of Student Ethics In Sport Activities Extended Abstract, Arturo Z. Vasquez-Parraga, Miguel A. Sahagun, Jason Flores
College Sport Ethics: Moral Versus Consequentialist Drivers Of Student Ethics In Sport Activities Extended Abstract, Arturo Z. Vasquez-Parraga, Miguel A. Sahagun, Jason Flores
Association of Marketing Theory and Practice Proceedings 2022
This study aims at explaining why college students cheat in sport activities. Knowing what induces students to cheat from their own rationale for cheating is the first objective and uncovers the first gap. Understanding how students solve ethical dilemmas in general and how such routine is applied to sport activities is the second objective and leads to visualize the second gap. Based on empirical research, this study evaluates the competing roles of morality or deontological norms and the consequences or teleological norms in the formation of ethical judgment and ethical intentions (Hunt and Vitell, 1986). Previous research shows that the …
Put Down The Phone! The Standard For Witness Interviews Is In-Person, Face-To-Face, One-On-One, Sean O'Brien, Quinn O'Brien, Dana Cook
Put Down The Phone! The Standard For Witness Interviews Is In-Person, Face-To-Face, One-On-One, Sean O'Brien, Quinn O'Brien, Dana Cook
Faculty Works
Professor and capital defense attorney Sean O’Brien, private investigator Quinn O’Brien, and mitigation specialist Dana Cook team up in this article to explain why the standard for competent defense investigation requires face-to-face, one-on-one, culturally competent client and witness interviews, and why short cuts to investigation, such as telephone calls or remote video links, are counter-productive, prone to failure, and constitute substandard work. Although the primary focus of this article is on standards that apply to capital mitigation work, the problems created by remote witness interviews are not unique to death penalty work; there are persuasive arguments and authority that the …
The “Corporation Revolution” And The Professional Ethics Of Giving Advice On Executive Protection Issues, Sarah Helene Duggin, Shannon "A.J." Singleton, James D. Wing
The “Corporation Revolution” And The Professional Ethics Of Giving Advice On Executive Protection Issues, Sarah Helene Duggin, Shannon "A.J." Singleton, James D. Wing
Scholarly Articles
In today's law enforcement environment, business entities facing criminal investigations and possible indictment have little practical choice but to cooperate with authorities. Cooperation offers the opportunity to avoid a costly trial and attendant adverse reputational, financial, and morale impacts. Resolution of potential criminal charges, however, almost always requires entities to cooperate with law enforcement efforts to impose criminal liability on individual business executives.
While businesses and their executives once generally perceived their interests as closely aligned, the “Cooperation Revolution” of the last few decades has forced corporate boards and business executives to reassess their individual obligations and risks. In so …
The Ethics Of Trump's Shadow Lawyers?, Peter A. Joy, Kevin C. Mcmunigal
The Ethics Of Trump's Shadow Lawyers?, Peter A. Joy, Kevin C. Mcmunigal
Scholarship@WashULaw
The barrage of over sixty failed lawsuits filed by lawyers representing former President Donald Trump and his allies seeking to overturn the 2020 presidential election brought forth numerous calls to sanction these lawyers. So far, Rule 11 and disciplinary sanctions have reached one of the most public of the pro-Trump lawyers, Rudolph Giuliani, as well as some of the lawyers who filed and put their names on the complaints initiating the frivolous cases. This Essay discusses the need to impose sanctions on the lawyers behind the scenes—who directed and coordinated the bogus cases—but so far have largely evaded accountability.The authors …
The Overreach Of Limits On 'Legal Advice', Lauren Sudeall
The Overreach Of Limits On 'Legal Advice', Lauren Sudeall
Vanderbilt Law School Faculty Publications
Nonlawyers, including court personnel, are typically prohibited from providing legal advice. But definitions of “legal advice” are unnecessarily broad, creating confusion, disadvantaging self-represented litigants, and possibly raising due process concerns. This Essay argues for a narrower, more explicit definition of legal advice that advances, rather than undercuts, access to justice.
Comment: Without Effective Lawyers, Do More Determinate Legal Standards Really Matter?, Vivek S. Sankaran
Comment: Without Effective Lawyers, Do More Determinate Legal Standards Really Matter?, Vivek S. Sankaran
Articles
In Confronting Indeterminacy and Bias in Child Protection Law, Professor Josh Gupta-Kagan wisely proposes that the child protection system needs more precise legal standards, not just to limit unnecessary state intrusion in the lives of families, but to also define the scope of that intrusion if it must occur. But as I read his piece, a question repeatedly ran through my mind - will the changes he proposes have any impact if parents in the child protection system continue to have ineffective lawyers representing them?
Lawyering Paradoxes: Making Meaning Of The Contradictions, Susan P. Sturm
Lawyering Paradoxes: Making Meaning Of The Contradictions, Susan P. Sturm
Faculty Scholarship
Effective lawyering requires the ability to manage contradictory yet interdependent practices. In their role as traditionally understood, lawyers must fight, judge, debate, minimize risk, and advance clients’ interests. Yet increasingly, lawyers must ALSO collaborate, build trust, innovate, enable effective risk-taking, and hold clients accountable for adhering to societal values. Law students and lawyers alike struggle, often unproductively, to reconcile these tensions. Law schools often address them as a dilemma requiring a choice or overlook the contradictions that interfere with their integration.
This Article argues instead that these seemingly contradictory practices can be brought together through the theory and action of …
Can Continuing Legal Education Pass The Test? Empirical Lessons From The Medical World., Rima Sirota
Can Continuing Legal Education Pass The Test? Empirical Lessons From The Medical World., Rima Sirota
Georgetown Law Faculty Publications and Other Works
Mandatory continuing legal education (CLE) takes millions of hours and hundreds of millions of dollars from American lawyers every year, with the burden landing in disproportionate fashion on new lawyers, public interest lawyers, and solo practitioners. CLE proponents insist that the system protects the public by maintaining lawyer competence. In the forty-five years since the first jurisdictions began requiring CLE, no evidence has emerged in support of this claim.
This Article argues that mandatory CLE is indefensible in its current state. Either the legal profession and the CLE industry must commit to study and change, or it is time to …
Professionalism In Tribal Jurisdictions, Matthew L.M. Fletcher
Professionalism In Tribal Jurisdictions, Matthew L.M. Fletcher
Articles
American Indian law is an important area of law. There are 12 federally recognized Indian tribes in the state of Michigan.1 Indian tribes throughout the United States do business in Michigan. Indian tribal governments and corporations employ hundreds of thousands of non-Indians and received billions in federal pandemic relief. Indian gaming generated nearly $40 billion in revenues nationally last year. Still, many lawyers ignore the field or claim ignorance about the basic precepts of federal Indian law.
This article will canvass several themes of professionalism in tribal practice, drawing from this author’s tribal law experience over the last few decades. …
Lawyers And The Lies They Tell, Bruce Green, Rebecca Roiphe
Lawyers And The Lies They Tell, Bruce Green, Rebecca Roiphe
Articles & Chapters
Noting that the First Amendment protects lies about the government made in the public square, this article explores whether lawyers’ free speech rights ought to be different from that of other speakers. The law holds lawyers to a more demanding standard of conduct than others when it comes to aspects of lawyers’ fiduciary relationships with courts and clients. But how much more demanding can the law be when it comes to lawyers’ speech — in this case, false political speech? Applying the current First Amendment framework, we question the bar’s assumption that lawyers’ speech outside of these contexts can be …
Impeaching Legal Ethics, Bruce Green, Rebecca Roiphe
Impeaching Legal Ethics, Bruce Green, Rebecca Roiphe
Articles & Chapters
In the investigations, hearings, and aftermath of President Trump’s first impeachment, lawyer-commentators invoked the rules of professional conduct to criticize the government lawyers involved. To a large extent, these commentators mischaracterized or misapplied the rules. Although these commentators often presented themselves to the public as neutral experts, they were engaged in political advocacy, using the rules, as private litigators often do, as a strategic weapon against an adversary in the court of public opinion. For example, commentators on the left wrongly conveyed that, under the rules, government lawyers had a responsibility to the public to voluntarily assist in the impeachment, …