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Legal Ethics and Professional Responsibility

1994

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Articles 1 - 30 of 58

Full-Text Articles in Law

Professional Responsibility: Beyond Pure Ethics And Circular 230 (Outline), Leslie S. Shapiro Dec 1994

Professional Responsibility: Beyond Pure Ethics And Circular 230 (Outline), Leslie S. Shapiro

William & Mary Annual Tax Conference

No abstract provided.


Legal Ethics, Jack L. Sammons Dec 1994

Legal Ethics, Jack L. Sammons

Mercer Law Review

The dominant event during this surveyed period' is not an event at all. It is instead a struggle so pervasive that its lurking presence is felt behind every important case and Formal Advisory Opinion ("FAO") decided this year. This struggle is between the two primary functions that the Georgia appellate courts perform in this area of law: the normal judicial function and the regulation of the legal profession. This second function is a legislative and an interpretative one. Appellate courts in Georgia perform the interpretive function in both an advisory capacity through FAO's and in a judicial capacity through case …


Legal Malpractice: The Profession's Dirty Little Secret, Manuel R. Ramos Nov 1994

Legal Malpractice: The Profession's Dirty Little Secret, Manuel R. Ramos

Vanderbilt Law Review

Legal malpractice is a taboo subject. It has been ignored by the legal profession,' law schools, mandatory continuing legal education ("CLE") programs, and even by scholarly' and lay publications. Unfortunately, our perception of legal malpractice, up until now, has been highly distorted by secretive insurance companies, confidential settlement agreements, and a questionable American Bar Association ("ABA") Study. Nonetheless, sharply contrasting portraits of legal malpractice have emerged: either it is just a minor problem of "weeding out" a few "bad apples," or it is the tip of an "iceberg," ready to overwhelm the legal profession. The ABA Study has fostered the …


Public Understanding, Professional Ethics, And The News: A Response To Jane Rhodes, David Boeyink Oct 1994

Public Understanding, Professional Ethics, And The News: A Response To Jane Rhodes, David Boeyink

Federal Communications Law Journal

Symposium: The Transformation of Television News


Public Understanding, Professional Ethics, And The News, Josephine Holz Oct 1994

Public Understanding, Professional Ethics, And The News, Josephine Holz

Federal Communications Law Journal

Symposium: The Transformation of Television News


Differing Perceptions Of Attorney Fees In Bankruptcy Cases, Theodore Eisenberg Oct 1994

Differing Perceptions Of Attorney Fees In Bankruptcy Cases, Theodore Eisenberg

Cornell Law Faculty Publications


Courage In The Holocaust, Lawrence Raful Oct 1994

Courage In The Holocaust, Lawrence Raful

Scholarly Works

No abstract provided.


Paradigms And Our Shrinking Bioethics, Peter Cherbas Oct 1994

Paradigms And Our Shrinking Bioethics, Peter Cherbas

Indiana Law Journal

Symposium: Emerging Paradigms in Bioethihcs


Review Of: The Genetic Frontier: Ethics, Law, And Policy (Mark S. Frankel & Albert Teich Eds., American Association For The Advancement Of Science 1994), Suzanne A. Sprunger Sep 1994

Review Of: The Genetic Frontier: Ethics, Law, And Policy (Mark S. Frankel & Albert Teich Eds., American Association For The Advancement Of Science 1994), Suzanne A. Sprunger

RISK: Health, Safety & Environment (1990-2002)

Review of: The Genetic Frontier: Ethics, Law, and Policy (Mark S. Frankel & Albert Teich eds., American Association for the Advancement of Science 1994). Acknowledgments, appendix, contributors, figures, index, introduction, notes, references, tables. LC 93-37230, ISBN 0-87168-526-4. [260 pp. Paper $22.95. 1333 H St., NW, Washington DC 20005.]


What Part Of Rpos Don't You Understand? An Update And Survey Of Standards For Tax Return Positions, J. Timothy Philipps, Michael W. Mumbach, Morgan W. Alley Sep 1994

What Part Of Rpos Don't You Understand? An Update And Survey Of Standards For Tax Return Positions, J. Timothy Philipps, Michael W. Mumbach, Morgan W. Alley

Washington and Lee Law Review

No abstract provided.


Child Abuse: Should You Report It?, David F. Forte Aug 1994

Child Abuse: Should You Report It?, David F. Forte

Law Faculty Articles and Essays

This article discusses the options under the Code of Professional Responsibility for a domestic relations attorney who acquires confidential or secret information about child abuse by a client.


The Limits Of Compulsory Professionalism: How The Unified Bar Harms The Legal Profession, Bradley A. Smith Jul 1994

The Limits Of Compulsory Professionalism: How The Unified Bar Harms The Legal Profession, Bradley A. Smith

Florida State University Law Review

No abstract provided.


Risk Management For Lawyers, William H. Fortune, Dulaney O’Roark Jul 1994

Risk Management For Lawyers, William H. Fortune, Dulaney O’Roark

Law Faculty Scholarly Articles

Lawyers are under siege. We have become objects of scorn, ridicule, and occasional hatred. If you take your child to the Stephen Spielberg movie Jurassic Park, be prepared for the cheers when the cloned Tyrannosaurus Rex gobbles the lawyer—not a bad guy at all—cowering in the outhouse. In San Francisco a client burst into a California law firm and killed eight and wounded six persons before taking his own life. In response, the president of the California bar linked lawyer-bashing to hate crimes and prevailed on the Miller Brewing Company to withdraw a television commercial depicting a "lawyer-roping rodeo" …


"Presumptions And Burdens Of Proof As Tools For Legal Stability And Change, Tamar Frankel Jul 1994

"Presumptions And Burdens Of Proof As Tools For Legal Stability And Change, Tamar Frankel

Faculty Scholarship

Presumptions and burdens of proof are used, among other purposes, to maintain legal stability and at the same time effect change. By imposing the burden of proof on the party asserting a certain outcome, courts can calibrate burdens of proof and substantive rules until experience points to rule retention or amendment. As agents of change, presumptions and burdens of proof are far more flexible and less brittle than rules.1

This Article tells the story of presumptions and burdens of proof in litigation between corporate shareholders and managements. This litigation is replete with volatile presumptions and innovative burdens of proof, …


Sexual Harassment In The Legal Profession: Workplace Education And Reform, Civil Remedies, And Professional Discipline, Lisa Pfenninger Jul 1994

Sexual Harassment In The Legal Profession: Workplace Education And Reform, Civil Remedies, And Professional Discipline, Lisa Pfenninger

Florida State University Law Review

No abstract provided.


Buckley V. Illinois Judicial Inquiry Board And Stretton V. Disciplinary Board Of The Supreme Court: First Amendment Limits On Ethical Restrictions Of Judicial Candidates' Speech, Robert M. Brode Jun 1994

Buckley V. Illinois Judicial Inquiry Board And Stretton V. Disciplinary Board Of The Supreme Court: First Amendment Limits On Ethical Restrictions Of Judicial Candidates' Speech, Robert M. Brode

Washington and Lee Law Review

No abstract provided.


Radical Lawmakers In Colonial Massachusetts: The `Countenance Of Authoritie' And The Lawes And Libertyes, Daniel R. Coquillette May 1994

Radical Lawmakers In Colonial Massachusetts: The `Countenance Of Authoritie' And The Lawes And Libertyes, Daniel R. Coquillette

Daniel R. Coquillette

Also appears in Studi in Memoria Di Gino Gorla, 1605-1633. Tomo II: Dialogo Tra Ordinamenti, Diritto dei Commerci E Diritto Europa Iura Naturalia E Diritti Fondamentali. Italy, 1994, and in translation as "Giuristi Radicali Nel Massachusetts Coloniale: `Countenance of Authority' Lawes and Libertyes." In Il Diritto dei Nuovi Mondi: Atti del Convegno promosso dall'Instituto di Diritto Privato delle Facoltà di Giurisprudenza: Genova, 5-7 novembre 1992, 113-143. Milan: Casa Editrice Dott. Antonio Milani, 1994.


Clark Memorandum: Spring 1994, J. Reuben Clark Law Society, J. Reuben Clark Law School Apr 1994

Clark Memorandum: Spring 1994, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum


Narrative, Luck, And Ethics: The Role Of Chance In Ethical Encounters, In Literature And Real Life Experiences, Nona Lyons Feb 1994

Narrative, Luck, And Ethics: The Role Of Chance In Ethical Encounters, In Literature And Real Life Experiences, Nona Lyons

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society - March 9, 1993.


Human Rights In The Social Sciences, Erika Loerner Friedi Feb 1994

Human Rights In The Social Sciences, Erika Loerner Friedi

Center for the Study of Ethics in Society Papers

This paper was originally presented as a Western Michigan University Faculty Scholar Lecture. The Ethics Center is grateful to the Faculty Scholars' Committee and to its chair, Prof. Ernst Breisach, for allowing us to publish it.


The History Of Statutory Compilations In Pennsylvania, Joel Fishman Jan 1994

The History Of Statutory Compilations In Pennsylvania, Joel Fishman

Joel Fishman

This article deals with the history of both unofficial and official statutory compilations (chronological and topical) in Pennsylvania.


Maintaining The Dignity Of The Profession: An International Perspective On Legal Advertising And Solicitation, Lauren Dobrowalski Jan 1994

Maintaining The Dignity Of The Profession: An International Perspective On Legal Advertising And Solicitation, Lauren Dobrowalski

Penn State International Law Review

No abstract provided.


Lawyers Abroad: New Rules For Practice In A Global Economy, Kenneth S. Kilimnik Jan 1994

Lawyers Abroad: New Rules For Practice In A Global Economy, Kenneth S. Kilimnik

Penn State International Law Review

No abstract provided.


Delivery Of Legal Services To Ordinary Americans, Roger C. Cramton Jan 1994

Delivery Of Legal Services To Ordinary Americans, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.


A Dissenter's Commentary On The Professionalism Crusade, Rob Atkinson Jan 1994

A Dissenter's Commentary On The Professionalism Crusade, Rob Atkinson

Scholarly Publications

No abstract provided.


Values, Pierre Schlag Jan 1994

Values, Pierre Schlag

Publications

No abstract provided.


Time Limitations For Objecting To Claims: The Interplay Between Sections 502(D) And 546(A) Of The Bankruptcy Code., Gregory G. Hesse Jan 1994

Time Limitations For Objecting To Claims: The Interplay Between Sections 502(D) And 546(A) Of The Bankruptcy Code., Gregory G. Hesse

St. Mary's Law Journal

It is common lore among bankruptcy trustees and lawyers that a bankruptcy trustee has an unlimited time period under the Bankruptcy Code (the Code) to file objections to claims. Neither Section 502(a) of the Code nor Federal Rule of Bankruptcy Procedure 3007 contains time limitations within which an objection to a claim must be filed. Yet, creative creditor attorneys have fashioned arguments that the two-year limitations period placed on avoidance actions by Section 546(a) of the Code applies to claim objection proceedings brought under Section 502(d). Because courts have held the limitations period of Section 546(a) applies to claim objection …


The Supreme Court Takes A Weapon From The Drug War Arsenal: New Defenses To Civil Drug Forfeiture., Scott Alexander Nelson Jan 1994

The Supreme Court Takes A Weapon From The Drug War Arsenal: New Defenses To Civil Drug Forfeiture., Scott Alexander Nelson

St. Mary's Law Journal

This Comment discusses the history and development of forfeiture law—emphasizing the misnomer of “guilty property”—and addresses the lack of constitutional safeguards in the civil forfeiture statutes. It outlines prospective constitutional defenses announced by the United States Supreme Court, emphasizing the Fifth Amendment guarantee of due process, the Eighth Amendment’s Excessive Fines Clause, and the “innocent owner” defense. The federal statute authorizing civil forfeiture, 21 U.S.C. § 881 (Forfeiture Statute), was initially enacted as part of the Comprehensive Drug Abuse Prevention and Control Act of 1970. The Comprehensive Forfeiture Act of 1984 amended the statute to impose forfeiture on real property …


Enhanced Punishment Under The Texas Hate Crimes Act: Politics, Panacea, Or Pathway To Hell., David Todd Smith Jan 1994

Enhanced Punishment Under The Texas Hate Crimes Act: Politics, Panacea, Or Pathway To Hell., David Todd Smith

St. Mary's Law Journal

Nearly without exception, modern legislatures have responded to the reprehensible nature and detrimental social effects of hate crime by enacting laws specifically designed to punish the offender’s discriminatory animus. The term “hate crime” describes criminal conduct which is motivated by the offender’s bias or prejudice against another cognizable group. Although the reprehensible nature of a hate crime is often apparent from the facts of any given case, the repercussions of these offenses exceed the ignoble character of any one specific act. Texas has now joined the ranks of these jurisdictions by adopting legal provisions which authorize heightened penalties upon a …


Book Review Of Gregory M. Matoesian, Reproducing Rape, Dorothy E. Roberts Jan 1994

Book Review Of Gregory M. Matoesian, Reproducing Rape, Dorothy E. Roberts

Faculty Scholarship at Penn Carey Law

No abstract provided.