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Legal Ethics and Professional Responsibility

2002

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Articles 1 - 30 of 92

Full-Text Articles in Law

Enron And The Corporate Lawyer: A Primer On Legal And Ethical Issues, Roger C. Cramton Nov 2002

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 …


Answering God’S Interrogatories, Marlin K. Jensen Oct 2002

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 Oct 2002

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.


Soldiers Of The Spirit, Lance B. Wickman Oct 2002

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.


Professional Service As A Christian Ministry, Carl S. Hawkins Oct 2002

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.


The Challenge: Basing Your Career On Principles, Alexander B. Morrison Oct 2002

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.


Bridges, Dallin H. Oaks Oct 2002

Bridges, Dallin H. Oaks

Vol. 1: Answering God's Interrogatories

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


Professionalism, Bruce C. Hafen Oct 2002

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).


Weightier Matters, Dallin H. Oaks Oct 2002

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.


Truth: A Shield To Memory, Marion D. Hanks Oct 2002

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 Oct 2002

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 Oct 2002

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 Oct 2002

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.


Integrity: The Evidence Within, Neal A. Maxwell Oct 2002

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.


A Skeptical Answer To Edmundson's Contextualism: What We Know We Lawyers Know, Rob Atkinson Oct 2002

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 Oct 2002

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

Cornell Law Faculty Publications



American Legal Ethics, Thomas L. Shaffer Oct 2002

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 Sep 2002

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.


Lawyers' Value In Mergers And Acquisitions Under The New World Of Multidisciplinary Practices, Yunling Wu Aug 2002

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 Jul 2002

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 Jul 2002

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 Jul 2002

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 …


Practicing Law Across Geographic And Professional Borders: What Does The Future Hold?, Gary A. Munneke May 2002

Practicing Law Across Geographic And Professional Borders: What Does The Future Hold?, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

A new global business reality is transforming the practice of law. Nowhere is this transformation more apparent than in the areas of multijurisdictional and multidisciplinary practice. These two trends, toward practice across jurisdictional boundaries on the one hand and across professional boundaries on the other, are engaging the attention of lawyers everywhere. Recent events involving Enron Corporation and the Arthur Andersen accounting firm have raised new questions about the efficacy of these emerging trends and remind lawyers that these issues retain their currency.


Protecting The Public Without Protectionism: Access, Competence And Pro Hac Vice Admission To The Practice Of Law, Peter S. Margulies Apr 2002

Protecting The Public Without Protectionism: Access, Competence And Pro Hac Vice Admission To The Practice Of Law, Peter S. Margulies

Law Faculty Scholarship

No abstract provided.


Teaching Ethics In An Atmosphere Of Skepticism And Relativism, W. Bradley Wendel Apr 2002

Teaching Ethics In An Atmosphere Of Skepticism And Relativism, W. Bradley Wendel

Cornell Law Faculty Publications

I would like to do several things in this essay. First, I am interested in the sources of students' wariness about moral reasoning and claims about objectivity and truth in ethics. Sometimes I feel like a teacher of geography who must confront a deeply entrenched belief that the earth is flat. The earth is not flat, nor is ethics just a matter of opinion, but one wonders why students persist in thinking the opposite. Teaching effectively requires an understanding of where students are coming from. Accordingly, the opening section of this essay is structured around a series of hypotheses to …


“Certain Fundamental Truths”: A Dialectic On Negative And Positive Liberty In Hate-Speech Cases, W. Bradley Wendel Apr 2002

“Certain Fundamental Truths”: A Dialectic On Negative And Positive Liberty In Hate-Speech Cases, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.


Changing The Culture Of Science: Teaching Research Ethics To Graduate Students And Post-Doctoral Fellows, Brian Schrag Apr 2002

Changing The Culture Of Science: Teaching Research Ethics To Graduate Students And Post-Doctoral Fellows, Brian Schrag

Center for the Study of Ethics in Society Papers

Paper presented for the Center of the Study of Ethics in Society Western Michigan University, October 11, 2001.


Research Ethics, Wmu Center For The Study Of Ethics In Society Apr 2002

Research Ethics, Wmu Center For The Study Of Ethics In Society

Center for the Study of Ethics in Society Papers

Papers published by the center, April 2002.


Teaching Research Ethics: An Institutional Change Model, Michael Pritchard Apr 2002

Teaching Research Ethics: An Institutional Change Model, Michael Pritchard

Center for the Study of Ethics in Society Papers

Paper presented to the center, April 2002.


Toward An Ethical School, Stephan Millett Apr 2002

Toward An Ethical School, Stephan Millett

Center for the Study of Ethics in Society Papers

Paper presented for the Center of the Study of Ethics in Society Western Michigan University, January 22, 2002.