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Articles 1 - 30 of 101
Full-Text Articles in Law
Legal Ethics, L. Ray Patterson
Legal Ethics, L. Ray Patterson
Mercer Law Review
With one exception, the legal ethics cases this year involved well established rules of law. The case constituting the exception dealt with the breach of a rule of ethics as the basis for a malpractice claim. This Article will discuss that issue first and then will proceed to discuss other relevant cases.
Self-Regulation Of Judicial Misconduct Could Be Mis-Regulation, Anthony D'Amato
Self-Regulation Of Judicial Misconduct Could Be Mis-Regulation, Anthony D'Amato
Michigan Law Review
Judge Harry T. Edwards has written a lucid and seemingly logical plea for the judiciary to be granted exclusive self-regulation over all matters of judicial misconduct that fall short of crimes or impeachable offenses. His essay demonstrates the seriousness with which he regards misconduct that would bring shame to the federal judiciary. He believes that the judiciary as a whole is the best institution to ascertain and take measures against individual aberrant judges who are guilty of various forms of misconduct, and I have no doubt of the sincerity of his belief. Yet when we look at claims for self-regulation …
Case & Statute Comments, The New Massachusetts Drug Asset Forfeiture Law: A Dialogue, R. Michael Cassidy
Case & Statute Comments, The New Massachusetts Drug Asset Forfeiture Law: A Dialogue, R. Michael Cassidy
R. Michael Cassidy
No abstract provided.
Ethics In Tax Practice: Emerging Standards For Reporting Tax Return Postings, Kenneth L. Harris
Ethics In Tax Practice: Emerging Standards For Reporting Tax Return Postings, Kenneth L. Harris
William & Mary Annual Tax Conference
No abstract provided.
Television Technology And Moral Literacy, Clifford G. Christians
Television Technology And Moral Literacy, Clifford G. Christians
Center for the Study of Ethics in Society Papers
Presented to the WMU Center for the Study of Ethics in Society March 22, 1990.
Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann
Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann
Faculty Scholarship
This Essay is an effort to construct a normative basis for a constitutional theory to resist the Supreme Court's recent decision in DeShaney v. Winnebago County Department of Social Services.1 In DeShaney, the Court decided that a local social service worker's failure to prevent child abuse did not violate the due process clause of the fourteenth amendment even though the social worker "had reason to believe" the abuse was occurring. 2 Chief Justice Rehnquist's opinion for the Court held that government inaction cannot violate due process unless the state has custody of the victim, 3 thus settling a controversial …
The Most Fundamental Change In The Criminal Justice System: The Role Of The Prosecutor In Sentence Reduction, Bennett L. Gershman
The Most Fundamental Change In The Criminal Justice System: The Role Of The Prosecutor In Sentence Reduction, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
As every lawyer knows, the prosecutor is the most powerful figure in the American criminal justice system. The prosecutor decides whom to charge, what charges to bring, whether to permit a defendant to plead guilty, and whether to confer immunity. In carrying out this broad decision-making power, the prosecutor enjoys considerable independence. Indeed, one of the most elusive and vexing subjects in criminal justice has been to define the limits of the prosecutor’s discretion.
Book Review, Mitchell M. Simon
Book Review, Mitchell M. Simon
RISK: Health, Safety & Environment (1990-2002)
Review of the book Codes of Professional Responsibility (Rena A. Gorlin, ed., BNA Books, 1990). This 555 page book includes 43 codes of conduct promulgated by the major professional associations in business, health, and law. Each code is preceded by a brief description of the relevant association, including its address and phone number, and information relating to implementation and enforcement. The book concludes with three helpful resource lists including: first, research centers, educational programs and governmental bodies dealing with ethical issues; second, journals and periodical services; and, third, bibliographies, databases and libraries with special ethics collections. The resource sections and …
Legal Representation And The Next Steps Toward Client Control: Attorney Malpractice For The Failure To Allow The Client To Control Negotiation And Pursue Alternatives To Litigation, Robert F. Cochran, Jr.
Legal Representation And The Next Steps Toward Client Control: Attorney Malpractice For The Failure To Allow The Client To Control Negotiation And Pursue Alternatives To Litigation, Robert F. Cochran, Jr.
Washington and Lee Law Review
No abstract provided.
Ethics In Government, Joint Legislative Committee
Ethics In Government, Joint Legislative Committee
California Joint Committees
With the passage of Proposition 112 (SCA 32) on June 5, 1990, the voters have acknowledged their support for an ethics reform package that is tied to the creation of a Citizens Compensation Commission, which shall have the exclusive power to set the salaries and all fringe benefits, except retirement, for Members of the Legislature and other related state officers. It also prohibits Members and other elected state officers from receiving any honoraria and imposes restrictions on gifts, lobbying activity, and the sources of income of these officers.
Higher-Order Discrimination, Adrian M. S. Piper
Higher-Order Discrimination, Adrian M. S. Piper
Center for the Study of Ethics in Society Papers
Presented to the WMU Center for the Study of Ethics in Society January 22, 1990.
Ringing The Bell, Roger J. Miner '56
Lawyer's Justice, William A. Edmundson
Lawyer's Justice, William A. Edmundson
Michigan Law Review
A Review of Lawyers and Justice: An Ethical Study by David Luban, and The Social Responsibilities of Lawyers: Case Studies by Philip B. Heymann and Lance Liebman
Women's Dilemma: Is It Reasonable To Be Rational?, Harriet Baber
Women's Dilemma: Is It Reasonable To Be Rational?, Harriet Baber
Center for the Study of Ethics in Society Papers
Based on a presentation to the WMU Center for the Study of Ethics in Society February 17, 1990.
Restraining The Overly Zealous Advocate: Time For Judicial Intervention, Paul Lowell Haines
Restraining The Overly Zealous Advocate: Time For Judicial Intervention, Paul Lowell Haines
Indiana Law Journal
No abstract provided.
Attorney And Client—Conflict Of Interest—Prohibition Against Appearance Of Impropriety Retained Under Model Rules Of Professional Conduct. First American Carriers, Inc. V. Kroger Co., 302 Ark. 86, 787 S.W.2d 669 (1990)., David Ivers
University of Arkansas at Little Rock Law Review
No abstract provided.
The Adversarial System At Risk, Bennett L. Gershman
The Adversarial System At Risk, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
The most ominous recent development affecting the balance of forces in the adversary system is the unprecedented attack by prosecutors on criminal defense lawyers themselves. Grand jury subpoenas to attorneys, law office searches, disqualification motions, fee forfeiture proceedings, and, most recently, IRS attempts to enforce currency-reporting regulations do not seem to be isolated occurrences or mere happenstance. Rather, perhaps inspired by Shakespeare's injunction in Henry VI to "kill all the lawyers," some prosecutors appear to have concluded that the most effective way to prevail in the battle against crime is to cripple the defense lawyers, particularly those who represent defendants …
Clearly Erroneous: The Fourth Circuit's Decision To Uphold Removal Of A State-Bar Disciplinary Proceeding Under The Federal-Officer Removal Statute, Franklin D. Cleckley
Clearly Erroneous: The Fourth Circuit's Decision To Uphold Removal Of A State-Bar Disciplinary Proceeding Under The Federal-Officer Removal Statute, Franklin D. Cleckley
West Virginia Law Review
No abstract provided.
Are Law And Morality Distinct?, William A. Edmundson
Are Law And Morality Distinct?, William A. Edmundson
Brigham Young University Journal of Public Law
No abstract provided.
Ethical Reasoning And Analysis: The Elements, Martin Benjamin
Ethical Reasoning And Analysis: The Elements, Martin Benjamin
Center for the Study of Ethics in Society Papers
Presented to the WMU Center for the Study of Ethics in Society February 10, 1989.
Impacts Of Land Use Laws And Policies Massachusetts State Superfund Program, Umass Amherst Center Economic Development
Impacts Of Land Use Laws And Policies Massachusetts State Superfund Program, Umass Amherst Center Economic Development
Center for Economic Development Technical Reports
The reason for this report was to examine the Massachusetts state Superfund law, and the statutory remedies that Massachusetts relies on to recover the cost associated with the cleanup of oil and hazardous materials released into the environment.
Teaching Legal Ethics In A Program Of Comprehensive Skills Development, James E. Moliterno
Teaching Legal Ethics In A Program Of Comprehensive Skills Development, James E. Moliterno
Faculty Publications
No abstract provided.
1990 Touro College School Of Law Yearbook, Touro College Jacob D. Fuchsberg Law Center
1990 Touro College School Of Law Yearbook, Touro College Jacob D. Fuchsberg Law Center
Yearbooks and Newsletters
1990 Touro College School of Law Yearbook
Retrospective Justification, Jeffrey Malkan
Lawyer Turf And Lawyer Regulation -- The Role Of The Inherent-Powers Doctrine, Charles W. Wolfram
Lawyer Turf And Lawyer Regulation -- The Role Of The Inherent-Powers Doctrine, Charles W. Wolfram
Cornell Law Faculty Publications
No abstract provided.
Professional Responsibility, Michael J. Howlett, Patricia S. Spratt
Professional Responsibility, Michael J. Howlett, Patricia S. Spratt
Loyola University Chicago Law Journal
No abstract provided.
Legal Ethics After Babel, Thomas L. Shaffer
Legal Ethics After Babel, Thomas L. Shaffer
Journal Articles
Legal ethics owes as much to Richard M. Nixon as it does to philosophy. The rebirth of legal ethics in the last decade is one of many consequences, although possibly the most obscure, of the burglary at the Watergate Hotel in 1972. The criminal politics that destroyed Mr. Nixon's presidency summoned American lawyers to a serious, systematic examination of the morals of their craft.
A Moral Dilemma: The Role Of Judicial Intervention In Withholding Or Withdrawing Nutrition And Hydration, 23 J. Marshall L. Rev. 537 (1990), Anthony M. Peccarelli
A Moral Dilemma: The Role Of Judicial Intervention In Withholding Or Withdrawing Nutrition And Hydration, 23 J. Marshall L. Rev. 537 (1990), Anthony M. Peccarelli
UIC Law Review
No abstract provided.
A Response To Irwin Kramer's Reply, 23 J. Marshall L. Rev. 585 (1990), Anthony M. Peccarelli
A Response To Irwin Kramer's Reply, 23 J. Marshall L. Rev. 585 (1990), Anthony M. Peccarelli
UIC Law Review
No abstract provided.
Lying To Clients, Lisa G. Lerman
Lying To Clients, Lisa G. Lerman
Scholarly Articles
Moral philosopher Sissela Bok defines a lie as "any intentionally deceptive message which is stated." She defines deception more broadly, as encompassing "messages meant to mislead [others] ... through gesture, through disguise, by means of action or inaction, even through silence." This broader category of deception is the subject of study here. This Article will examine overt misstatements and deliberate omissions or failures to disclose information. The determining factor in identifying deception is the lawyer's intent. If the lawyer intends to deceive a client, he or she may accomplish this by telling a lie or by withholding information. Deception by …