Law Commons^™

Ethical Issues In Tax Practice, James P. Holden, Michael C. Durst

William & Mary Annual Tax Conference

No abstract provided.

Can We Share Ethical Views With Other Religions?, Robert Hannaford

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society, October 7, 1993.

An Introduction To The European Community's Legal Ethics Code - Part Ii: Applying The Ccbe Code Of Conduct, Laurel Terry

Faculty Scholarly Works

This article, which is Part 2 in a series, examines the CCBE Code of Conduct and continues where the prior article left off. See An Introduction to the European Community's Legal Ethics Code Part I: An Analysis of the CCBE Code of Conduct, 7 Georgetown J. of Legal Ethics 1 (1993). "CCBE" is the acronym used to describe the Council of the Bars and Law Societies of the European Community; the CCBE has been recognized as the official representative of the legal profession with the European Community. In 1988, the CCBE adopted a code of conduct that was intended to …

Why Does Utilitarianism Seem Plausible?, John Dilworth

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society - May 27, 1993.

The Place Of Ethics Centers In Higher Education, Douglas Ferraro

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society, September 28, 1995.

Keeping Faith: Government Ethics & Government Ethics Regulation, Cynthia R. Farina

Cornell Law Faculty Publications

Three Foundations Of Legal Ethics: Autonomy, Community, And Morality, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

An Introduction To The European Community's Legal Ethics Code - Part I: An Analysis Of The Ccbe Code Of Conduct, Laurel Terry

Faculty Scholarly Works

This article, which is Part 1 of two articles, examines the CCBE Code of Conduct. CCBE is the acronym used to describe the Council of the Bars and Law Societies of the European Community; the CCBE has been recognized as the official representative of the legal profession with the European Community. In 1988, the CCBE adopted a code of conduct that was intended to apply to situations in which lawyers from one CCBE Member of Observer State were involved with lawyers from another CCBE State. This article summarizes the development of the CCBE Code of Conduct, explains who it applies …

Helping To Harm? The Ethical Dilemmas Of Managing Politically Sensitive Data, Sylvie C. Tourigny

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society - March 19, 1993.

Reasonable Children, Michael Pritchard

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society - May 19, 1993.

Legal Ethics And The Restatement Process -- The Sometimes-Uncomfortable Fit, Charles W. Wolfram

Cornell Law Faculty Publications

No abstract provided.

Parts And Wholes: The Integrity Of The Model Rules, Charles W. Wolfram

Cornell Law Faculty Publications

As important as is each of its parts, the 1983 Model Rules of Professional Conduct was, of course, meant to function as a whole. At the very least, the parts were presumably intended to work well with one another, sketching a regulatory apparatus that would guide both lawyers subject to it and courts and regulators administering it in a coherent and consistent manner. To a large extent the Model Rules made significant headway in this respect, continuing the movement toward more explicit and articulated regulation of the profession begun by their predecessor, the Model Code of Professional Responsibility.

Yet, …

Outing In The Time Of Aids: Legal And Ethical Considerations, John F. Hernandez

Faculty Articles

No abstract provided.

In Pursuit Of The Counter-Text: The Turn To The Jewish Legal Model In Contemporary American Legal Theory, Suzanne Last Stone

Articles

Beginning with Professor Robert Cover's Nomos and Narrative, contemporary American legal scholars have increasingly turned, implicitly or more directly, to the Jewish legal tradition as an example of a legal system in which law is defined not by reference to the authority and power of the State, but rather by the commitment of a legal community to voluntarily-accepted legal obligations. These scholars depict the Jewish legal system as having successfully confronted - and resolved - several central dilemmas currently facing American law by maintaining a coherent legal system while accepting behavioral and interpretive pluralism. In this Article, Professor Stone shows …

Directiveness In Clinical Supervision, Jon Bauer

Faculty Articles and Papers

This article, first published in 1993 but not previously available on SSRN, explores the attitudes and practices of clinical law teachers relating to issues of “directiveness” in their clinical supervision. The inquiry focuses on the tension between the educational value of student autonomy and clinicians’ professional interest in ensuring high quality client representation. The authors conducted a survey of clinicians teaching at law schools throughout the United States.

Ethics And Style: The Lessons Of Literature For Law, Thomas Morawetz

Faculty Articles and Papers

No abstract provided.

Themes Of Injustice: Wrongful Convictions, Racial Prejudice, And Lawyer Incompetence, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The U. S. criminal justice system has undergone radical changes in the past generation. Crime is more complex; prosecutors are more powerful; and courts, corrections agencies, and defense services are burdened with larger case loads and tighter budgets. It is not the best of times to talk about justice. Yet, it is a subject that needs to be constantly addressed, particularly in times of crisis. The following essay focuses on some of the problems that present themselves in the criminal justice system today, including the conviction of innocent defendants, especially in capital cases; racial prejudice; and lawyer incompetence.

Symptoms Exposed When Legalists Engage In Moral Discourse: Reflections On The Difficulties Of Taking Ethics, James R. Elkins

Law Faculty Scholarship

No abstract provided.

A Comment On The Canadian Bar Association's Gender Equality Task Force Report, Dianne Pothier

Dianne Pothier Collection

The Task Force Report is a comprehensive one that deserves to be read by all members of the profession. It documents widespread problems and suggests wide ranging solutions. Reading a review is not an adequate substitute. A review can only touch on highlights, whereas it is in the detail of the Report that its real impact lies. This review will briefly comment on each of the themes announced in the title of the Report: equality, diversity, and accountability. Although in my assessment the report is in some respects too timid, that should not take away from the fact the Report …

Your Money Or Your Life: A Modest Proposal For Mandatory Pro Bono Services, Mary I. Coombs

Articles

No abstract provided.

Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen

Faculty Scholarship

Post-New Deal constitutionalism is in search of a theory that justifies judicial intervention on behalf of individual rights while simultaneously avoiding the charge of "Lochnerism."' The dominant historical view dismisses post-bellum substantive due process as an anomalous development in the American constitutional tradition. Under this approach, Lochner represents unbounded protection for economic rights that permitted the judiciary to read laissez faire, pro-business policy preferences into the constitutional text. Today's revisionists have mounted a substantial challenge to the dismissive views of traditionalists. Indeed, some claim Lochner reached the right result, but for the wrong reason. The revisionists characterize substantive due process …

Teaching Professional Responsibility In Law School, Leah Wortham

Scholarly Articles

I was pleased to be asked to write about teaching professional responsibility in law school. Ten years and sixteen classes of professional responsibility have allowed me to form many views. The following is organized in a variation of the journalist's standard five questions (who, what, when, where, and how). I consider WHAT to teach in professional responsibility courses, WHO should teach them, WHEN to teach the subject, HOW to teach it, and WHY it is hard to do.

Profit, Progress And Moral Imperatives, Deborah W. Post

Scholarly Works

No abstract provided.

Sanctifying Secrecy: The Mythology Of The Corporate Attorney-Client Privilege, Elizabeth G. Thornburg

Faculty Journal Articles and Book Chapters

This article surveys the traditional justifications for giving corporations the benefit of attorney-client privilege. It rejects both moral and utilitarian explanations and argues that, far from being beneficial or benign, the privilege actually does great harm to the truth-seeking function of litigation and imposes tremendous transaction costs on the litigants and on the judicial system as a whole.

Introduction (Symposium On Municipal Liability), Patricia E. Salkin

Scholarly Works

No abstract provided.

Impoverished Practices, Anthony V. Alfieri

Articles

No abstract provided.

The Legal Profession's Rule Against Vouching For Clients: Advocacy And The Manner That Is The Man Himself, Thomas L. Shaffer

Journal Articles

Modem American lawyers impose on one another regulatory rules that speak to the old argument but have not resolved it. One of these requires lawyers to advocate the interests of their clients with zeal; another forbids them from arguing that they believe what they say, or in the merit of what they are asking the government to do. The latter of these is a rule against vouching for clients. Rules that require zeal and forbid vouching seek to prevent both advertent deceit and an "unprofessional" limitation of advocacy to causes lawyers believe in. My claim is that these rules are …

Specifying Grounds For Judicial Disqualification In Federal Courts., Leslie W. Abramson

Faculty Scholarship

One essential component of equal justice under the law is a neutral and detached judge to preside over the court proceedings. Public confidence in the legal system is maintained when a judge has no interest in the parties, attorneys or subject matter of the litigation. Sua sponte or by motion of a party, a federal judge is subject to disqualification for conflicts of interest on both constitutional and statutory grounds

Captive Courts: The Destruction Of Judicial Decisions By Agreement Of The Parties, Jill E. Fisch

All Faculty Scholarship

No abstract provided.

Intrusion And The Investigative Reporter, Lyrissa Barnett Lidsky

UF Law Faculty Publications

In an award-winning series of Houston Chronicle articles, reporter Nancy Stancill uncovered shocking conditions in Texas nursing homes. 7 However, reforms were not implemented until 20/20, following Stancill's lead, conducted a three-month, undercover investigation of the treatment of elderly residents at Texas state and private nursing home facilities.

By employing subterfuge to gather news, the 20/20 reporters enhanced the immediacy and credibility of the resulting story. As one journalist argued, "[Jiust describing the conditions wouldn't have cut it. They had to be seen."

Using the 20/20 case as a paradigm, this Note argues that, in order to distinguish protected newsgathering …