Law Commons^™

In Search Of Atticus Finch, Lance B. Wickman

Vol. 2: Service & Integrity

This satellite fireside address was given to the J. Reuben Clark Law Society at the Conference Center in Salt Lake City on February 10, 2006.

A Personal Philosophy Of Professionalism, Cecil O. Samuelson

Vol. 2: Service & Integrity

This address was President Samuelson’s first public speech since the announcement on March 18, 2003, that he would become the 12th president of Brigham Young University on May 1, 2003. It was given to the Salt Lake Chapter of the J. Reuben Clark Law Society at the Joseph Smith Memorial Building in Salt Lake City on April 7, 2003.

Acquired By Character, Not By Money, Kenneth W. Starr

Vol. 2: Service & Integrity

This J. Reuben Clark Law School convocation address was given at the Provo Tabernacle on April 27, 1990.

Be Healers, James E. Faust

Vol. 2: Service & Integrity

This satellite fireside address was given to the J. Reuben Clark Law Society at the Conference Center in Salt Lake City on February 28, 2003.

Three Assumptions Lawyers Must Never Make, Brett G. Scharffs

Vol. 2: Service & Integrity

This Spirit of the Law address was given at BYU Law School on March 9, 2005.

On Being Ethical Lawyers, Sandra Day O'Connor

Vol. 2: Service & Integrity

This satellite fireside address was given to the J. Reuben Clark Law Society at Sandra Day O’Connor College of Law at Arizona State University, in Tempe, Arizona, on February 15, 2008.

Words Of Hate, Words Of Love, Constance K. Lundberg

Vol. 2: Service & Integrity

This devotional address was given to the BYU student body on March 11, 2003.

Avoiding Pitfalls, Dale A. Whitman

Vol. 2: Service & Integrity

This J. Reuben Clark Law School convocation address was given at the Provo Tabernacle on April 24, 2003.

Conflict Of Interest And Disqualification In The Federal Courts: Suggestions For Reform, Arthur D. Hellman

Testimony

Although federal judges do not run for election, over the last three decades the process of nomination and confirmation has become politicized to a disturbing degree. There is a real danger that the judges will come to be perceived not as dispassionate servants of the law but as political actors who pursue political or ideological agendas. One consequence of these developments is likely to be increased scrutiny of judges’ responses to motions to recuse. Here as in other aspects of the operations of the judiciary, “just trust us” is no longer sufficient.

Two provisions of Title 28 of the United …

The Madoff Scandal, Market Regulatory Failure And The Business Education Of Lawyers, Robert Rhee

Robert Rhee

This essay suggests that a deficiency in legal education is a contributing cause of the regulatory failure. The most scandalous malfeasance of this new era, the Madoff Ponzi scheme, evinces the failure of improperly trained lawyers and regulators. It also calls into question whether the prevailing regulatory philosophy of disclosure of disclosure is sufficient in a complex market. This essay answers an important question underlying these considerations: What can legal education do to better train business lawyers and regulators for a market that is becoming more complex? One answer, it suggests, is a simple one: law schools should teach a …

Free Speech & Tainted Justice: Restoring The Public's Confidence In The Judiciary In The Wake Of Republican Party Of Minnesota V. White, Gregory W. Jones

Chicago-Kent Law Review

The United States Supreme Court's 2002 decision in Republican Party of Minnesota v. White was the first shot fired in an ongoing battle over judicial campaign ethics. The White decision invalidated a Minnesota Canon of Judicial Conduct prohibiting judicial candidates from announcing their views on disputed legal or political topics. Subsequent to White, numerous states have faced challenges to their judicial canons of conduct by groups advocating for an increased breadth of permissible speech in judicial campaigns. While White and its progeny have safeguarded the first amendment rights of judicial candidates, significant concerns have been raised regarding how best to …

Legal Ethics, Patrick Emery Longan

Mercer Law Review

This Article surveys legal ethics decisions of the Georgia appellate courts for a period from June 1, 2008 to May 31, 2009. The cases concern discipline of lawyers, ineffective assistance of counsel, judicial conduct, contempt, attorney fees, suits against lawyers, and a few miscellaneous matters.

Embedded Federal Questions, Exclusive Jurisdiction, And Patent-Based Malpractice Claims, Christopher G. Wilson

William & Mary Law Review

No abstract provided.

Editorial, Why 'To Kill A Mockingbird' Matters 50 Years Later, Randy Lee

Randy Lee

No abstract provided.

The Office Of Professional Responsibility - Mission And Structure (Slides)

William & Mary Annual Tax Conference

No abstract provided.

A Free And Undemocratic Press?, Stephen J. A. Ward

Center for the Study of Ethics in Society Papers

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

The Leading Edge, V. 1, Issue 1, Fall 2009

The Leading Edge: the Newsletter of the University of Maryland School of Law's Leadership, Ethics and Democracy Initiative

No abstract provided.

Levesque Misrepresents View Of Laura Lederer, Donna M. Hughes Dr.

Donna M. Hughes

Complying With Australian And Pata Transfer Pricing Documentation Rules - A Sisyphean Task?, Michelle Markham

Michelle Markham

With the increase in international trade, revenue authorities are taking an aggressive approach to transfer pricing. This article argues that Australian documentation requirements are particularly cumbersome and can give rise to unreasonable application of penalty provisions, given the lack of clarity in the rules. It recommends improved rule clarity and a ‘one-strike’ safe harbor. Australia has joined with the United States, Canada and Japan to produce a multilateral transfer pricing documentation package in response to concerns that the documentation burden is excessive. This article argues that although the package is a good first step, it does not yet meet its …

Luces Y Sombras De La "Nueva" Corte Suprema (2003 - 2009), Horacio M. Lynch

Horacio M. LYNCH

Balance y análisis crítico de lo actuado por la NCSN desde que comenzó el cambio en su integración en 2003, hasta la fecha del informe en 2009, en las distintas dimensiones de su labor, su función de control de la constitucionalidad, como el Tribunal de última instancia de la Nación, y como cabeza del Poder Judicial, y en su preocupación por la Justicia del país. Analiza lo que hizo y lo que no hizo, se incluye un balance, propuestas y líneas de trabajo, e información.

Putting Best Practices Into Practice: Implementing Change One Step At A Time, Lisa Radtke Bliss

Faculty Publications By Year

No abstract provided.

The Context Of Ideology: Law, Politics, And Empirical Legal Scholarship, Carolyn Shapiro

All Faculty Scholarship

In their confirmation hearings, Chief Justice Roberts and Justice Sotomayor both articulated a vision of the neutral judge who decides cases without resort to personal perspectives or opinions, in short, without ideology. At the other extreme, the dominant model of judicial decisionmaking in political science has long been the attitudinal model, which posits that the Justices’ votes can be explained primarily as expressions of their personal policy preferences, with little or no role for law, legal reasoning, or legal doctrine.

Many traditional legal scholars have criticized such scholarship for its insistence on the primacy of ideology in judicial decisionmaking, even …

Reconstructing A Pedagogy Of Responsibility, Barbara Bezdek

Barbara L Bezdek

No abstract provided.

The Madoff Scandal, Market Regulatory Failure And The Business Education Of Lawyers, Robert J. Rhee

Robert Rhee

This essay suggests that a deficiency in legal education is a contributing cause of the regulatory failure. The most scandalous malfeasance of this new era, the Madoff Ponzi scheme, evinces the failure of improperly trained lawyers and regulators. It also calls into question whether the prevailing regulatory philosophy of disclosure of disclosure is sufficient in a complex market. This essay answers an important question underlying these considerations: What can legal education do to better train business lawyers and regulators for a market that is becoming more complex? One answer, it suggests, is a simple one: law schools should teach a …

Private Practice And Cause Lawyering: A Practical And Ethical Guide, Bettina E. Brownstein

University of Arkansas at Little Rock Law Review

No abstract provided.

Multilayered Governance, Pluralism, And Moral Conflict, Thomas Cottier

Indiana Journal of Global Legal Studies

The quest for multilayered governance faces the problem of endemic tensions and disagreements in international relations and doubts as to whether nations truly share common values upon which an international society can be solidly built. Values, however, are equally controversial within the nation-state. We find similar tensions within domestic and regional layers of governance. In any system of governance, diverging and competing values are inevitable. There are differences in degree, but not in principle, when comparing traits of domestic and international governance. Legal experience in the fields of human rights and international trade regulation indicates that under such conditions, procedures …

Impeaching A Federal Judge: Some Lessons From History, Arthur D. Hellman

Testimony

In August 2014, Federal District Judge Mark Fuller was arrested on a charge of misdemeanor battery after his wife called 911 from an Atlanta hotel room and told the operator, “He’s beating on me.” Judge Fuller has agreed to enter a pre-trial diversion program; if he completes the program, the criminal case against him will be dismissed. But Judge Fuller may face other consequences. The Acting Chief Judge of the Eleventh Circuit has initiated proceedings under the federal judicial misconduct statute. And some members of Congress and editorial writers have said that if Judge Fuller does not resign from the …

Cuarto Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García

Bruno L. Costantini García

Memorias del Cuarto Congreso Nacional de Organismos Públicos Autónomos

"El papel de los Organismos Públicos Autónomos en la Consolidación de la Democracia"

Environmentally Sensitive Worldviews: What Are They, Why Are They Necessary, And How Can They Be Fostered?, Nichole North Hester

MALS Final Projects, 1995-2019

We are currently faced with compelling scientific evidence that humans are impacting the earth in many negative manners at rates previously unheard of. In an effort to understand the cultural origin of this degradation and find hope in a bleak situation, the prominent worldview of the citizens of the United States is examined as well as worldviews that might better serve both humanity and the planet. The ultimate goal is to help high school students understand and develop their own worldview; to this end a possible unit plan based on current pedagogy is presented with s ample lesson plans.

What Went Wrong: Torture And The Office Of Legal Counsel In The Bush Administration: Hearing Before The Subcomm. On Administrative Oversight And The Courts Of The S. Comm. On The Judiciary, 111th Cong., May 13, 2009 (Statement Of David Luban, Prof. Of Law, Geo. U. L. Center), David Luban

Testimony Before Congress

The mission of the Office of Legal Counsel is to give the President advice to guide him in fulfilling an awesome constitutional obligation: to take care that the laws are faithfully executed. Faithful execution means interpreting the law without stretching it and without looking for loopholes. OLC's job is not to rubber-stamp administration policies, and it is not to provide legal cover for illegal actions.

Unfortunately, the interrogation memos fall far short of professional standards of candid advice and independent judgment. They involve a selective and in places deeply eccentric reading of the law. The memos cherry-pick sources of law …