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Articles 1 - 30 of 213
Full-Text Articles in Law
Toward Ethical Plea Bargaining, Erica J. Hashimoto
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
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
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
Is Pro Bono Work 'Self-Serving' And 'Anti-Social'?, Lawrence K. Hellman
Lawrence K. Hellman
No abstract provided.
Professional Responsibility, James M. Mccauley
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
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
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
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
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
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
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
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
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
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
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
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
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.
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
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
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
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
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
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
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
"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
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
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
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
Copyright, Clickers, And Consensus, Jonathan Bacon
SIDLIT Conference Proceedings
A discussion about classroom copyright issues and integrating technology.