Law Commons^™

Changing Conceptions Of Lawyers' Pro Bono Responsibilities: From Chance Noblesse Oblige To Stated Expectations, Judith Maute

Judith L. Maute

No abstract provided.

Enron And The Corporate Lawyer: A Primer On Legal And Ethical Issues, Roger C. Cramton

Cornell Law Faculty Publications

The stunning collapse of Enron, coupled with the large number of accounting irregularities and apparent corporate fraud, have created a climate in which reform and improvement of the law governing corporate lawyers is underway. The ABA Task Force on Corporate Responsibility has issued a preliminary report that recommends promising changes in the rules of professional conduct. And, the Corporate Reform Act of 2002 has changed the landscape by authorizing the SEC to promulgate rules of professional conduct for securities lawyers and directing the SEC to issue a rule requiring securities lawyers to climb the corporate ladder to prevent or rectify …

The Case Of The Foreign Lawyer: Internationalizing The U.S. Legal Profession, Carole Silver

Carole Silver

This article contriubtes a new perspective to existing scholarship on internationalization of the legal profession by focusing on the increasing presence of foreign lawyers in U.S. law schools and law firms. It analyzes the interaction between foreign-educated lawyers and the legal profession in the U.S. based upon two sources of information: first, a series of interviews with foreign-educated lawyers and U.S. law firm hiring partners regarding experiences in law school and in firms, and second, a database comprised of biographical information for more than 300 foreign-educated lawyers who were working in New York during 1999 and 2000. The various roles …

Answering God’S Interrogatories, Marlin K. Jensen

Vol. 1: Answering God's Interrogatories

This convocation address was given April 25, 1997, when Elder Jensen’s son, Matthew, graduated from the BYU Law School.

Confirm Thy Soul In Self-Control, D. Todd Christofferson

Vol. 1: Answering God's Interrogatories

This address was given to the Orange County and Los Angeles County Chapters of the J. Reuben Clark Law Society on September 29 and 30, 2000.

Integrity: The Evidence Within, Neal A. Maxwell

Vol. 1: Answering God's Interrogatories

This address was given at the BYU Law School Alumni Dinner on October 23, 1992.

The Challenge: Basing Your Career On Principles, Alexander B. Morrison

Vol. 1: Answering God's Interrogatories

This address was given to the Edmonton, Alberta Chapter of the J. Reuben Clark Law Society on February 26, 1999.

Weightier Matters, Dallin H. Oaks

Vol. 1: Answering God's Interrogatories

This devotional address was given to the BYU student body on February 9, 1999.

Professionalism, Bruce C. Hafen

Vol. 1: Answering God's Interrogatories

This address was given to the charter class of the BYU Law School on August 30, 1973 (four days after the first opening of the school).

Professional Service As A Christian Ministry, Carl S. Hawkins

Vol. 1: Answering God's Interrogatories

This address was given to the entering class at the BYU Law School on August 22, 1981.

Bridges, Dallin H. Oaks

Vol. 1: Answering God's Interrogatories

This fireside address was given at the BYU Law School on February 8, 1987.

Soldiers Of The Spirit, Lance B. Wickman

Vol. 1: Answering God's Interrogatories

This fireside address was given at the BYU Law School on March 12, 1995.

Truth: A Shield To Memory, Marion D. Hanks

Vol. 1: Answering God's Interrogatories

This fireside address was given at the BYU Law School on November 19, 1989.

The Ethical Professional: Consecration In The Workplace, Constance K. Lundberg

Vol. 1: Answering God's Interrogatories

This Honors Devotional was given at BYU on February 7, 1996.

Apostles Of Equality, Kenneth R. Wallentine

Vol. 1: Answering God's Interrogatories

This article reprinted from the Clark Memorandum, Fall 1992, 2-4, 6-9.

Duty To Rescue: The Case Of The Good-Enough Samaritan, Tessa Meyer Santiago

Vol. 1: Answering God's Interrogatories

Reprinted from The Restored Gospel and Applied Christianity: Student Essays in Honor of President David O. McKay, 1999, 71-81, and the Clark Memorandum, Spring 2001, 26-31.

Benchmarks Of Good Legal Writing, Timothy Blevins

Timothy D Blevins

The first in what was to be a series of articles dealing with refinement in legal documents. Future articles in the series were not published when the publisher realigned its publication policies.

Unpleasant Duties: Imposing Sanctions For Frivolous Appeals, Mark R. Kravitz

The Journal of Appellate Practice and Process

No abstract provided.

Appellate Malpractice, Steven Wisotsky

The Journal of Appellate Practice and Process

No abstract provided.

A Skeptical Answer To Edmundson's Contextualism: What We Know We Lawyers Know, Rob Atkinson

Scholarly Publications

No abstract provided.

Ethics 2000 And Conflicts Of Interest: The More Things Change . . . ., Charles W. Wolfram

Cornell Law Faculty Publications

American Legal Ethics, Thomas L. Shaffer

Journal Articles

The ethics of American lawyers come from the English gentleman-lawyer of the nineteenth century, with the steady addition of an elitist Jeffersonian gloss. But they have, within the last century, been seperated, so that reulation claims to operate without conscience. The result is that the law of lawyers is now the principal, if not only, feature of the official codes, and ethics as ethics is is spread oer insignificant consensus statements by bar associations and promising scholarship from academic lawyers, some small part of which deserves to be called ethics and even, from small beginnings to be called religious ethics.

The Truth About Jobs For J.D.S, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

In an excerpt from the latest book in theABA Career Series, the author reminds law students to open themselves to a variety of employment possibilities.

Appointment: Committee On Judicial Ethics Of The Massachusetts Supreme Judicial Court, Judith Mcmorrow

Judith A. McMorrow

No abstract provided.

The No-Contact Rule In Massachusetts Post Messing, Paul R. Tremblay

Paul R. Tremblay

No abstract provided.

Lawyers' Value In Mergers And Acquisitions Under The New World Of Multidisciplinary Practices, Yunling Wu

LLM Theses and Essays

Lawyers are facing strong competition from accounting firms in mergers and acquisitions. Finance and accounting globalization and multidisciplinary practice makes accounting firms more competent, challenging lawyers’ value. However, lawyers create enormous value in mergers and acquisitions, such as structuring the form of transactions, managing due diligence investigation, reducing the costs of acquiring and verifying information, ensuring corporations follow the relevant regulations preventing legal liabilities, and preventing antitrust issues or invoking antitrust challenge. Teamwork will facilitate mergers and acquisitions transactions. Restricted multidisciplinary practice will not affect lawyers’ and accountants’ ethics and independence. Legal education should be improved to help lawyers become …

Oath Taking, Truth Telling, And Remedies In The Business World: Hearing Before The H. Comm. On Energy And Commerce, 107th Cong., July 26, 2002 (Statement Of Sherman Cohn, Prof. Of Law, Geo. U. L. Center), Sherman L. Cohn

Testimony Before Congress

No abstract provided.

Comparative Multi-Disciplinary Practice Of Law: Paths Taken And Not Taken, Charles W. Wolfram

Cornell Law Faculty Publications

It is always an interesting journey to return to one's roots, and many of the most important of my personal and professional roots are here in Cleveland, including my birth and the first twenty years of life. Subsequent wanderings have taken me far from here, but always to return. We consider here another set of journeys and pathways that are institutional, not personal. The paths traversed are both national and international, and they will take us on journeys that are far from completed. They concern the ways in which various contemporary legal cultures have so far approached the subject of …

Mdps, Spinning, And Wouters V. Nova, Laurel S. Terry

Faculty Scholarly Works

This article is one of a series of articles by Professor Laurel Terry regarding the topic of MDPs of multidisciplinary partnerships. In February 2002, the European Court of Justice issued its opinion in Wouters v. NOVA (Case C-309/99), which addressed a Netherlands Bar rule that prohibited multidisciplinary partnerships (MDPs) between lawyers and accountants. Wouters decided: 1) that the bar was an “undertaking” that was subject to the competition (antitrust) provision in the EU Treaty; 2) that the Dutch MDP ban restricted competition and that this restriction on competition was appreciable and affected intra-community trade; 3) that the Dutch MDP ban …

Pennies From Heaven—Why Washington Legal Foundation V. Legal Foundation Of Washington Violates The U.S. Constitution, Kristi L. Darnell

Washington Law Review

In Washington Legal Foundation v. Legal Foundation of Washington, the Ninth Circuit Court of Appeals held that Washington's Interest on Lawyers' Trust Account (IOLTA) program did not perpetuate a "taking without just compensation" in violation of the Fifth Amendment. Even though the court acknowledged that IOLTA-generated interest was client property, the first element necessary to establish a taking, it reasoned that the appropriate subsequent analysis for this problem was the ad hoc test. Applying the ad hoc test to the IOLTA program, the court concluded that the requisite unconstitutional elements were absent. This Note argues that the Ninth Circuit …