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Articles 31 - 60 of 126
Full-Text Articles in Law
Themes Of Injustice: Wrongful Convictions, Racial Prejudice, And Lawyer Incompetence, Bennett L. Gershman
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.
Medición De La Seguridad Jurídica, Horacio M. Lynch
Medición De La Seguridad Jurídica, Horacio M. Lynch
Horacio M. LYNCH
Concurso Asociación de Bancos de la República Argentina (ADEBA).
Foreward To The Symposium On The Restatement Of Law Governing Lawyers, Judith Maute
Foreward To The Symposium On The Restatement Of Law Governing Lawyers, Judith Maute
Judith L. Maute
No abstract provided.
A Comment On The Canadian Bar Association's Gender Equality Task Force Report, Dianne Pothier
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
Your Money Or Your Life: A Modest Proposal For Mandatory Pro Bono Services, Mary I. Coombs
Articles
No abstract provided.
Notes: Professional Responsibility — Court Orders Indefinite Suspension Rather Than Disbarment As Sanction For Lawyer Who Misappropriated Client Funds In Escrow Account. Attorney Grievance Commission V. Bakas, 323 Md. 395, 593 A.2d 1087 (1991), Wendy A. Lassen
University of Baltimore Law Review
No abstract provided.
Comments: The Ethics Involved In Representing Multiple Parties In A Business Transaction: How To Avoid Being Caught Between Scylla And Charybdis' Within The Confines Of The Maryland Disciplinary Rules, Gretchen L. Jankowski
Comments: The Ethics Involved In Representing Multiple Parties In A Business Transaction: How To Avoid Being Caught Between Scylla And Charybdis' Within The Confines Of The Maryland Disciplinary Rules, Gretchen L. Jankowski
University of Baltimore Law Review
No abstract provided.
The Big Black Man Syndrome: The Rodney King Trial And The Use Of Racial Stereotyes In The Courtroom, Lawrence Vogelman
The Big Black Man Syndrome: The Rodney King Trial And The Use Of Racial Stereotyes In The Courtroom, Lawrence Vogelman
Fordham Urban Law Journal
Rodney King was portrayed as the prototypical "Big Black Man". Having recognized the existence of the Big Black Man Syndrome as a factor in the Rodney King Case, what are the moral and ethical implications of allowing defense counsel to so cleverly play upon the racial fears they evidently recognized? The issue is whether the use of racist arguments by defense counsel in a criminal trial is unethical. This essay explores the ethical consideration that come into play where a trial advocate is faced with a case where racism, homophobia, or ethnic prejudice is part of the courtroom dynamic.
Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen
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 …
In Re Holtzman: Free Speech Or Professional Misconduct?, David W. Wright
In Re Holtzman: Free Speech Or Professional Misconduct?, David W. Wright
Touro Law Review
No abstract provided.
The American Rule On Attorney Fee Allocation: The Injured Person's Access To Justice, John F. Vargo
The American Rule On Attorney Fee Allocation: The Injured Person's Access To Justice, John F. Vargo
American University Law Review
No abstract provided.
Teaching Professional Responsibility In Law School, Leah Wortham
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.
Bias In The Washington Courts: A Call For Reform, Melisa D. Evangelos
Bias In The Washington Courts: A Call For Reform, Melisa D. Evangelos
Seattle University Law Review
Because of the documented threat that racial and gender bias pose to the effective administration of justice in Washington, this Comment advocates amending the Washington Rules of Professional Conduct to explicitly make intentional gender and racial bias an act of attorney misconduct and to discipline any attorney who engages in such behavior. Section I of this Comment identifies and describes instances of attorney behavior that result in gender and racial bias and explains the impact of such bias on attorneys, clients, and the judicial system. Section II explores similar anti-bias rules proposed or in place in other states. Section III …
Profit, Progress And Moral Imperatives, Deborah W. Post
Profit, Progress And Moral Imperatives, Deborah W. Post
Scholarly Works
No abstract provided.
Ineffective Assistance Of Counsel
Another "Solemn Public Lie", Frederick Bernays Wiener
Another "Solemn Public Lie", Frederick Bernays Wiener
University of Richmond Law Review
When Roger Williams, the founder of Rhode Island, and the founder of religious toleration in what was to become the United States of America, examined the charter that King James I had given the Governor and Company of the Massachusetts Bay in New England, he found in that document two significant misstatements. Williams first pointed out the falsity of the recital wherein the King "blessed God that he was the first Christian Prince that had discovered this land."' He then denounced the royal land grant to the Massachusetts Bay Company, because that land belonged, not to the King, but to …
Financial Arrangements In Class Actions, And The Code Of Professional Responsibility, Daniel J. Capra, Thomas W. Jackson, John Koeltl
Financial Arrangements In Class Actions, And The Code Of Professional Responsibility, Daniel J. Capra, Thomas W. Jackson, John Koeltl
Fordham Urban Law Journal
The Rules of Professional Conduct impose various restrictions relating to attorney fees and the payment of litigation costs, which are designed to preserve the lawyer's role as a zealous but objective advocate. Class actions stand apart from other kinds of litigation in that they are designed to promote efficiency by their combining like claims into single actions, and individual justice by their vindicating claims that if taken individually might not be economically viable. In light of these special concerns, the courts have carved out several exceptions to ordinary attorney's fees, litigation expense, and disbursement rules that they routinely apply to …
Sanctifying Secrecy: The Mythology Of The Corporate Attorney-Client Privilege, Elizabeth G. Thornburg
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.
Further Reflections On Libertarian Criminal Defense, William H. Simon
Further Reflections On Libertarian Criminal Defense, William H. Simon
Faculty Scholarship
Since David Luban's is the work on legal ethics that I admire and agree with most, there is an element of perversity in my vehement critique of his arguments on criminal defense. I am therefore especially thankful for his gracious and thoughtful response. Nevertheless, I remain convinced that Luban is mistaken in excepting criminal defense from much of the responsibility to substantive justice that we both think appropriate in every other sphere of lawyering.
The Role Of A Chief Justice In Canada, Peter W. Hogg
The Role Of A Chief Justice In Canada, Peter W. Hogg
Articles & Book Chapters
Professor Hogg describes the duties of Chief Justices in Canadian courts, and explains that the effective discharge of their many administrative functions plays a significant role in maintaining the independence of the judiciary.
Introduction (Symposium On Municipal Liability), Patricia E. Salkin
Introduction (Symposium On Municipal Liability), Patricia E. Salkin
Scholarly Works
No abstract provided.
An Overview Of Illinois Contempt Law: A Court's Inherent Power And The Appropriate Procedures And Sanctions, 26 J. Marshall L. Rev. 223 (1993), Robert G. Johnston, Kevin E. Bry
An Overview Of Illinois Contempt Law: A Court's Inherent Power And The Appropriate Procedures And Sanctions, 26 J. Marshall L. Rev. 223 (1993), Robert G. Johnston, Kevin E. Bry
UIC Law Review
No abstract provided.
Impoverished Practices, Anthony V. Alfieri
The Legal Profession's Rule Against Vouching For Clients: Advocacy And The Manner That Is The Man Himself, Thomas L. Shaffer
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 …
Consent Decrees Resulting From Institutional-Reform Litigation May Be Modified Upon Showing A Significant Change In Law Or Fact And A Modification Appropriately Tailored To That Change., Christy J. Lindsay
St. Mary's Law Journal
In Rufo v. Inmates of Suffolk County Jail, the Court held that courts may modify consent decrees resulting from institutional reform litigation upon showing a significant change in law or fact and a modification appropriately tailored to that change. The case of Swift v. United States set a strict standard for modification of consent decrees, requiring movants to demonstrate extreme, unexpected hardship and oppression. However, there is a modem trend toward adopting a more flexible standard. The Court deems the “flexible test” as particularly appropriate in the case of the institutional reform consent decree because of its speculative, long-term nature. …
The Meat And Potatoes Of The North American Free Trade Agreement., Ruth K. Agather, Timothy N. Tuggey
The Meat And Potatoes Of The North American Free Trade Agreement., Ruth K. Agather, Timothy N. Tuggey
St. Mary's Law Journal
Agricultural trade has always been particularly susceptible to governmental intervention and imposition of protectionist barriers. This Article explores the evolution of agricultural trade regulation between the United States and Mexico culminating in the proposed North American Free Trade Agreement (NAFTA). First, the Article reviews the existing regulatory framework governing United States-Mexico agricultural trade. The Article then highlights major, proposed revisions to this regime under the NAFTA and offers perspectives on the effect of these revisions upon the United States’ agricultural industry sectors. This analysis includes a commodity reference guide, which highlights specific commodity trade sectors and the NAFTA treatment of …
Captive Courts: The Destruction Of Judicial Decisions By Agreement Of The Parties, Jill E. Fisch
Captive Courts: The Destruction Of Judicial Decisions By Agreement Of The Parties, Jill E. Fisch
All Faculty Scholarship
No abstract provided.