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Legal Ethics and Professional Responsibility

2008

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Articles 1 - 30 of 213

Full-Text Articles in Law

Toward Ethical Plea Bargaining, Erica J. Hashimoto Dec 2008

Toward Ethical Plea Bargaining, Erica J. Hashimoto

Scholarly Works

Defendants in criminal cases are overwhelmingly more likely to plead guilty than to go to trial. Presumably, at least a part of the reason that most of them do so is that it is in their interest to plead guilty, i.e., they will receive a more favorable outcome if they plead guilty than if they go to trial. The extent to which pleas reflect fair or rational compromises in practice, however, depends upon a variety of factors, including the amount of information each of the parties has about the case. Some level of informational symmetry therefore is critical to the …


The Moral Justification For Journalism, Sandra L. Borden Dec 2008

The Moral Justification For Journalism, Sandra L. Borden

Center for the Study of Ethics in Society Papers

Papers presented for the Center for the Study of Ethics in Society Western Michigan University


El Fallo Ate Y Sus Circunstancias (Elementos Para Su Estudio), Horacio M. Lynch Nov 2008

El Fallo Ate Y Sus Circunstancias (Elementos Para Su Estudio), Horacio M. Lynch

Horacio M. LYNCH

Estudio sobre el histórico fallo de la Corte Suprema sobre la libertad sindical (el fallo ATE).


Is Pro Bono Work 'Self-Serving' And 'Anti-Social'?, Lawrence K. Hellman Nov 2008

Is Pro Bono Work 'Self-Serving' And 'Anti-Social'?, Lawrence K. Hellman

Lawrence K. Hellman

No abstract provided.


Professional Responsibility, James M. Mccauley Nov 2008

Professional Responsibility, James M. Mccauley

University of Richmond Law Review

No abstract provided.


Was Machiavelli Right? Lying In Negotiation And The Art Of Defensive Self-Help, Peter Reilly Oct 2008

Was Machiavelli Right? Lying In Negotiation And The Art Of Defensive Self-Help, Peter Reilly

Faculty Scholarship

The majority of law review articles addressing lying and deception in negotiation have argued, in one form or another, that liars and deceivers could be successfully reined in and controlled if only the applicable ethics rules were strengthened, and if corresponding enforcement powers were sufficiently beefed up and effectively executed. This article takes a different approach, arguing that the applicable ethics rules will likely never be strengthened, and, furthermore, that even if they were, they would be difficult to enforce in any meaningful way, at least in the context of negotiation. The article concludes that lawyers, businesspeople, and everyone else …


Prosecutors' New Ethical Duty Relating To Wrongful Convictions, Niki Kuckes Oct 2008

Prosecutors' New Ethical Duty Relating To Wrongful Convictions, Niki Kuckes

Law Faculty Scholarship

No abstract provided.


Ethical Duties To Prospective Clients Who Send Unsolicited Emails, Nicole Lindquist Oct 2008

Ethical Duties To Prospective Clients Who Send Unsolicited Emails, Nicole Lindquist

Washington Journal of Law, Technology & Arts

Recent Iowa and Massachusetts ethics opinions declared that an attorney may owe ethical obligations to prospective clients who send the attorney just a single email regarding legal assistance. These ethics opinions are part of a trend whereby jurisdictions are extending the duty of confidentiality to prospective clients who send unsolicited emails to attorneys, when those persons reasonably believe that the conveyed information will be held in confidence. These opinions highlight the importance for all attorneys to disclaim duties of confidentiality and representation, particularly when advertising online. This article discusses ethical opinions regarding prospective clients who send unsolicited emails and concludes …


Executive Branch Lawyers In A Time Of Terror: The 2008 F.W. Wickwire Memorial Lecture, W. Bradley Wendel Oct 2008

Executive Branch Lawyers In A Time Of Terror: The 2008 F.W. Wickwire Memorial Lecture, W. Bradley Wendel

Cornell Law Faculty Publications

This article discusses the ethical responsibilities of the lawyers who advise executive branch officials on the lawfulness of actions taken in the name of national security. To even talk about this subject assumes that there is some distinction between a government that does all within its power to protect its citizens, and one that does all within its lawful power. If there are good normative reasons to care about maintaining this distinction, then we have the key to understanding the ethical responsibilities of government lawyers. The Bush administration took the position that the role of lawyers is to get out …


Drafting Attorneys As Fiduciaries: Fashioning An Optimal Ethical Rule For Conflicts Of Interest, Paula A. Monopoli Sep 2008

Drafting Attorneys As Fiduciaries: Fashioning An Optimal Ethical Rule For Conflicts Of Interest, Paula A. Monopoli

Paula A Monopoli

The American Bar Association recently revised the ethical rules that govern lawyers. Its Ethics 2000 Commission proposed a number of changes to the Model Rules of Professional Conduct, including revisions to the rules that affect how the profession handles conflicts of interest in the area of attorneys who draft instruments that name themselves as fiduciaries. The intersection of these changes, with their subsequent clarification by an ABA opinion issued in May 2002, has broad implications for attorneys practicing in this area. Given the increasing elderly population, the trillions of dollars that they are transferring to their baby-boomer children, and the …


Ethical Considerations For Blog-Related Discovery, Jason Boulette, Tanya Dement Sep 2008

Ethical Considerations For Blog-Related Discovery, Jason Boulette, Tanya Dement

Washington Journal of Law, Technology & Arts

The rise in blogs (short for "Web-logs") has spawned a new world of considerations for lawyers and clients. At their foundation, blogs are Web sites that serve as online diaries and sounding boards. Blogs typically consist of posts, pictures, images, links, and other entries that run the gambit of subjects from politics to sports to literature to personal materials. The exponential rise in blogging stems from improvements in technology, the increasing sophistication of Internet users, and the low cost of creating and maintaining blogs. In the last several years, blogs have mushroomed in number and have achieved a measure of …


Prosperity And Inequality: Lessons From The United States, Samuel L. Myers Jr Sep 2008

Prosperity And Inequality: Lessons From The United States, Samuel L. Myers Jr

Samuel L Myers Jr

For most of the post-World War II period prior to the 1980s, the distribution of income in the United States remained remarkably stable. Measures of inequality – such as the gap between incomes of those at the top and those at the bottom of the income distribution – showed little change for nearly 40 years (Darity and Myers, 1998, p. 3). In their book, Persistent Disparity, published 10 years ago, Darity and Myers documented a contemporaneous rise in general inequality and the widening of black-white disparities in family incomes. The ratio of black to white family incomes declined from the …


Conflicts Of Interest: The Dutch Position, Floris Bannier Sep 2008

Conflicts Of Interest: The Dutch Position, Floris Bannier

Penn State International Law Review

No abstract provided.


Protection Of Attorney-Client Privilege In Europe, Prof. Taru Spronken, Jan Fermon Sep 2008

Protection Of Attorney-Client Privilege In Europe, Prof. Taru Spronken, Jan Fermon

Penn State International Law Review

No abstract provided.


The Paradox Of Professionalism: Global Law Practice Means Business, Christopher J. Whelan Sep 2008

The Paradox Of Professionalism: Global Law Practice Means Business, Christopher J. Whelan

Penn State International Law Review

No abstract provided.


Application Of California's Modified Substantial Relationship Test To International Law Firm Conflict Of Interest: Creative Solution Or Can Of Worms?, Ellen A. Pansky Sep 2008

Application Of California's Modified Substantial Relationship Test To International Law Firm Conflict Of Interest: Creative Solution Or Can Of Worms?, Ellen A. Pansky

Penn State International Law Review

No abstract provided.


Foreword, Laurel S. Terry Sep 2008

Foreword, Laurel S. Terry

Penn State International Law Review

No abstract provided.


Ethical Considerations Relating To Outsourcing Of Legal Services By Law Firms To Foreign Service Providers: Perspectives From The United States, James I. Ham Sep 2008

Ethical Considerations Relating To Outsourcing Of Legal Services By Law Firms To Foreign Service Providers: Perspectives From The United States, James I. Ham

Penn State International Law Review

No abstract provided.


Lawyers, Symbols, And Money: Outside Investment In Law Firms, Milton C. Regan Jr. Sep 2008

Lawyers, Symbols, And Money: Outside Investment In Law Firms, Milton C. Regan Jr.

Penn State International Law Review

No abstract provided.


At The Intersection Of Legal Ethics And Globalization: International Conflicts Of Law In Lawyer Regulation, Hans-Jurgen Hellwig Sep 2008

At The Intersection Of Legal Ethics And Globalization: International Conflicts Of Law In Lawyer Regulation, Hans-Jurgen Hellwig

Penn State International Law Review

No abstract provided.


Preserving The Corporate Attorney-Client Privilege: Here And Abroad, Robert J. Anello Sep 2008

Preserving The Corporate Attorney-Client Privilege: Here And Abroad, Robert J. Anello

Penn State International Law Review

No abstract provided.


Licensing Lawyers In The Modern Economy, Trippe S. Fried Sep 2008

Licensing Lawyers In The Modern Economy, Trippe S. Fried

Campbell Law Review

This article explores a key question for the future of the legal profession: does a paradigm in which each individual state has exclusive control over the practice of law within its borders work in the marketplace of Friedman's "flat world"? Or in today's global economy does state micromanagement of the legal profession so inure to the detriment of lawyers and clients that some form of national licensing is necessary?


The Practice Of Teaching, The Practice Of Law: What Does It Mean To Practice Responsibly?, Howard Lesnick Sep 2008

The Practice Of Teaching, The Practice Of Law: What Does It Mean To Practice Responsibly?, Howard Lesnick

Pace Law Review

No abstract provided.


Civil Liability For Aiding And Abetting: Should Lawyers Be "Privileged" To Assist Their Clients' Wrongdoing?, Eugene J. Schiltz Sep 2008

Civil Liability For Aiding And Abetting: Should Lawyers Be "Privileged" To Assist Their Clients' Wrongdoing?, Eugene J. Schiltz

Pace Law Review

No abstract provided.


Doctors, Discipline, And The Death Penalty: Professional Implications Of Safe Harbor Statutes, Nadia N. Sawicki Aug 2008

Doctors, Discipline, And The Death Penalty: Professional Implications Of Safe Harbor Statutes, Nadia N. Sawicki

Faculty Scholarship at Penn Carey Law

State capital punishment statutes generally contemplate the involvement of medical providers, and courts have acknowledged that the qualifications of lethal injection personnel have a constitutionally relevant dimension. However, the American Medical Association has consistently voiced its opposition to any medical involvement in executions. In recent years, some states have responded to this conflict by adopting statutory mechanisms to encourage medical participation in lethal injections. Foremost among these are safe harbor policies, which prohibit state medical boards from taking disciplinary action against licensed medical personnel who participate in executions. This Article posits that safe harbor policies, as limitations on medical board …


"Of All Professions Begging Is The Best" - Some Problems In The Study Of Professions, Michael Davis Aug 2008

"Of All Professions Begging Is The Best" - Some Problems In The Study Of Professions, Michael Davis

Center for the Study of Ethics in Society Papers

Michael Davis' original paper was presented to the Center of the Study of Ethics in Society Western Michigan University on October 4, 2007.


Reply To Joseph Ellin's Of All Professions, Prostitution Is The Oldest (Except Possibly For Teaching), Michael Davis Aug 2008

Reply To Joseph Ellin's Of All Professions, Prostitution Is The Oldest (Except Possibly For Teaching), Michael Davis

Center for the Study of Ethics in Society Papers

No abstract provided.


Professions "Of All Professions, Begging Is The Best" A Paper By Michael Davis. Response By Joseph Ellin. Professor Davis' Reply, Center For The Study Of Ethics In Society Aug 2008

Professions "Of All Professions, Begging Is The Best" A Paper By Michael Davis. Response By Joseph Ellin. Professor Davis' Reply, Center For The Study Of Ethics In Society

Center for the Study of Ethics in Society Papers

Michael Davis' original paper was presented to the Center of the Study of Ethics in Society Western Michigan University on October 4, 2007.


Of All Professions, Prostitution Is The Oldest (Except Possibly For Teaching), Joseph Ellin Aug 2008

Of All Professions, Prostitution Is The Oldest (Except Possibly For Teaching), Joseph Ellin

Center for the Study of Ethics in Society Papers

Response by Joseph Ellin to a paper by Michael Davis Professions "Of All Professions, Begging is the Best"


Copyright, Clickers, And Consensus, Jonathan Bacon Jul 2008

Copyright, Clickers, And Consensus, Jonathan Bacon

SIDLIT Conference Proceedings

A discussion about classroom copyright issues and integrating technology.