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Articles 31 - 60 of 175
Full-Text Articles in Law
Uma Agenda Para O Debate Sobre Interpretação E Direito, Ronaldo Porto Macedo Junior
Uma Agenda Para O Debate Sobre Interpretação E Direito, Ronaldo Porto Macedo Junior
Ronaldo Porto Macedo Junior
Publicação de artigo “Uma agenda para o debate sobre interpretação e direito”, junto a Catarina H.C. Barbieri. In Cadernos Direito GV.
Legal Ethics Falls Apart, John Leubsdorf
Clark Memorandum: Spring 2009, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School
Clark Memorandum: Spring 2009, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School
The Clark Memorandum
- Lawyers and the Rule of Law (James D. Gordon III)
- The Truth About Media Subpoenas (RonNell Anderson Jones)
- A Mother's Pace (Gwyn Goodson McNeal)
- Liberty, Civility, and Professionalism (Ming W. Chin)
- Leaders and Learning (Kim B. Clark)
Women In The Law School: It's Time For More Change, Karen Czapanskiy, Jana B. Singer
Women In The Law School: It's Time For More Change, Karen Czapanskiy, Jana B. Singer
Jana B. Singer
No abstract provided.
Prosecutorial Shaming: Naming Attorneys To Reduce Prosecutorial Misconduct, Adam M. Gershowitz
Prosecutorial Shaming: Naming Attorneys To Reduce Prosecutorial Misconduct, Adam M. Gershowitz
Faculty Publications
This Article explores the unfortunately large number of instances in which appellate courts reverse convictions for serious prosecutorial misconduct but do not identify the names of the prosecutors who committed that misconduct. Because judges are reluctant to publicly shame prosecutors whose cases are reversed, this Article advocates that a neutral set of third parties undertake the responsibility of publicly identifying prosecutors who have committed serious misconduct. The naming of prosecutors will shame bad actors, provide a valuable pedagogical lesson for junior prosecutors, and signal to trial judges that certain prosecutors must be monitored more closely to avoid future misconduct.
The State Of Rule 3.8: Prosecutorial Ethics Reform Since Ethics 2000, Niki Kuckes
The State Of Rule 3.8: Prosecutorial Ethics Reform Since Ethics 2000, Niki Kuckes
Law Faculty Scholarship
No abstract provided.
New Mandates And Imperatives In The Revised Aca Code Of Ethics, Harriet L. Glosoff, David M. Kaplan, Michael M. Kocet, R. Rocco Cottone, Judith G. Miranti, Christine Moll, John W. Bloom, Tammy B. Bringaze, Barbara Herlihy, Courtland C. Lee, Vilia M. Tarvydas
New Mandates And Imperatives In The Revised Aca Code Of Ethics, Harriet L. Glosoff, David M. Kaplan, Michael M. Kocet, R. Rocco Cottone, Judith G. Miranti, Christine Moll, John W. Bloom, Tammy B. Bringaze, Barbara Herlihy, Courtland C. Lee, Vilia M. Tarvydas
Department of Counseling Scholarship and Creative Works
The first major revision of the ACA Code of Ethics in a decade occurred in late 2005, with the updated edition containing important new mandates and imperatives. This article provides interviews with members of the Ethics Revision Task Force that flesh out seminal changes in the revised ACA Code of Ethics in the areas of confidentiality, romantic and sexual interactions, dual relationships, end-of-life care for terminally ill clients, cultural sensitivity, diagnosis, interventions, practice termination, technology, and deceased clients.
The Central Intelligence Agency's "Family Jewels": Legal Then? Legal Now?, Daniel L. Pines
The Central Intelligence Agency's "Family Jewels": Legal Then? Legal Now?, Daniel L. Pines
Indiana Law Journal
Congress and the media recently have claimed that various activities of the Central Intelligence Agency (CIA)-from rendition operations, to the destruction of videotapes, to the maintenance of secret detention facilities overseas--are illegal. Critics levied similar charges against the CIA thirty-five years ago, with regard to activities contained in the "Family Jewels"--the 1973 compilation of the CIA's darkest secrets. The recent release of the Family Jewels provides the opportunity to try to put today's concerns in perspective. This Article evaluates the key activities conducted by the CIA as described in the Family Jewels-experimentation on unconsenting individuals, attempted targeted killings of foreign …
Prosecutorial Regulation Versus Prosecutorial Accountability, Stephanos Bibas
Prosecutorial Regulation Versus Prosecutorial Accountability, Stephanos Bibas
All Faculty Scholarship
No government official has as much unreviewable power or discretion as the prosecutor. Few regulations bind or even guide prosecutorial discretion, and fewer still work well. Most commentators favor more external regulation by legislatures, judges, or bar authorities. Neither across-the-board legislation nor ex post review of individual cases has proven to be effective, however. Drawing on management literature, this article reframes the issue as a principal-agent problem and suggests corporate strategies for better serving the relevant stakeholders. Fear of voters could better check prosecutors, as could victim participation in individual cases. Scholars have largely neglected the most promising avenue of …
Enhancing The Fighting Force: Medical Research On American Soldiers, Catherine L. Annas, George J. Annas
Enhancing The Fighting Force: Medical Research On American Soldiers, Catherine L. Annas, George J. Annas
Faculty Scholarship
During President Barack Obama's first primetime press conference, reporters asked primarily about the state of the economy and terrorism. Wedged between questions on these two vital issues was a query from the Washington Post's Michael Fletcher:
Question: What is your reaction to Alex Rodriguez's admission that he used steroids as a member of the Texas Rangers?
Obama: You know, I think it's depressing news.... And if you're a fan of Major League Baseball, I think it - it tarnishes an entire era, to some degree. And it's unfortunate, because I think there are a lot of ballplayers who played it …
Service To The Nation: A Living Legal Value For Justice Lawyers In Canada, Josh Wilner
Service To The Nation: A Living Legal Value For Justice Lawyers In Canada, Josh Wilner
Dalhousie Law Journal
Lawyers working within a living government require a living ethics, an approach to ethics that accounts for their day-to-day professional lives within the Department of Justice Canada. There are different archetypes of Justice lawyers, and thus a living ethics is also an ethics of place, one which is sensitive to the government institutions within and for which lawyers work and the functions they accomplish. The focus of this paper, which employs a virtue ethics methodology, is primarily civil litigators. Distinguishing between values (enduring beliefs that influence action) and ethics (the application of values in practice), the paper proposes "service to …
Lawyers As Citizens, Deborah L. Rhode
The Citizen-Lawyer - A Brief Informal History Of A Myth With Some Basis In Reality, Robert W. Gordon
The Citizen-Lawyer - A Brief Informal History Of A Myth With Some Basis In Reality, Robert W. Gordon
William & Mary Law Review
No abstract provided.
Original Sin And Judicial Independence: Providing Accountability For Justices, Paul D. Carrington, Roger C. Cramton
Original Sin And Judicial Independence: Providing Accountability For Justices, Paul D. Carrington, Roger C. Cramton
Cornell Law Faculty Publications
No abstract provided.
Statesman Or Scribe? Legal Independence And The Problem Of Democratic Citizenship, Aziz Rana
Statesman Or Scribe? Legal Independence And The Problem Of Democratic Citizenship, Aziz Rana
Cornell Law Faculty Publications
No abstract provided.
"Public Service Must Begin At Home": The Lawyer As Civics Teacher In Everyday Practice, Bruce A. Green, Russell G. Pearce
"Public Service Must Begin At Home": The Lawyer As Civics Teacher In Everyday Practice, Bruce A. Green, Russell G. Pearce
William & Mary Law Review
No abstract provided.
The Citizen Lawyer And The Administrative State, Edward Rubin
The Citizen Lawyer And The Administrative State, Edward Rubin
William & Mary Law Review
No abstract provided.
Toward A Revised 4.2 No-Contact Rule, Geoffrey C. Hazard Jr.
Toward A Revised 4.2 No-Contact Rule, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
Eca And The 21st-Century Law Librarian: Introducing Early Case Assessment, Mikhail Koulikov
Eca And The 21st-Century Law Librarian: Introducing Early Case Assessment, Mikhail Koulikov
Mikhail Koulikov
No abstract provided.
Rewarding Prosecutors For Performance, Stephanos Bibas
Rewarding Prosecutors For Performance, Stephanos Bibas
All Faculty Scholarship
Prosecutorial discretion is a problem that most scholars attack from the outside. Most scholars favor external institutional solutions, such as ex ante legislation or ex post judicial and bar review of individual cases of misconduct. At best these approaches can catch the very worst misconduct. They lack inside information and sustained oversight and cannot generate and enforce fine-grained rules to guide prosecutorial decisionmaking. The more promising alternative is to work within prosecutors' offices, to create incentives for good performance. This symposium essay explores a neglected toolbox that head prosecutors can use to influence line prosecutors: compensation and other rewards. Rewards …
Not Just Key Numbers And Keywords Anymore: How User Interface Design Affects Legal Research, Julie M. Jones
Not Just Key Numbers And Keywords Anymore: How User Interface Design Affects Legal Research, Julie M. Jones
Cornell Law Faculty Publications
Legal research is one of the foundational skills for the practice of law. Yet law school graduates are frequently admitted to the bar without adequate competence in this area. Applying both information-foraging theory and current standards for optimal web design, Ms. Jones considers, through a heuristic analysis, whether the user interfaces of Westlaw and LexisNexis help or hinder the process of legal research and the development of effective research skills.
Should Clients Be Told Of Better Representation Elsewhere?, Lawrence K. Hellman
Should Clients Be Told Of Better Representation Elsewhere?, Lawrence K. Hellman
Lawrence K. Hellman
No abstract provided.
Thoughts On The Ethical Culture Of A Prosecutor's Office, Patrick J. Fitzgerald
Thoughts On The Ethical Culture Of A Prosecutor's Office, Patrick J. Fitzgerald
Washington Law Review
I am truly honored to be asked to speak at this event, particularly an event held in honor of Norm Maleng. I want to talk about maintaining an ethical culture in a prosecutor’s office and give you a perspective on the things that have struck me after being an Assistant U.S. Attorney for about thirteen years—approaching seven years this fall as a U.S. Attorney, so about twenty years as a prosecutor. Some of the things I will say are obvious but worth repeating because we have to bear them in mind. Some are slightly subtle but worth pointing out. I …
Qualcomm Inc. V. Broadcom Corp.: 9,259,985 Reasons To Comply With Discovery Requests, Kristen Mcneal
Qualcomm Inc. V. Broadcom Corp.: 9,259,985 Reasons To Comply With Discovery Requests, Kristen Mcneal
Richmond Journal of Law & Technology
Evolving technology has advanced communication throughout the business industry. Corporations use various communication methods to initiate conversation, propose business ventures, and relay correspondence from one place to another. Quite naturally, with the development of different means of communication, various innovations in the legal profession have materialized and gained popularity. One of these innovations is electronic discovery.
The Ethics Of E-Mail, Thomas E. Spahn
The Ethics Of E-Mail, Thomas E. Spahn
Richmond Journal of Law & Technology
In many ways, communicating by e-mail and other forms of electronic transmission reflects a fundamentally different way of human interaction. Historians eventually will put this in perspective, but one could easily conclude that e-mails are essentially a “third way” for people to communicate.
Reflections On Recommendation 12, Naiomi Metallic
Reflections On Recommendation 12, Naiomi Metallic
Reports & Public Policy Documents
This article focuses on the Marshall Commission Report’s specific recommendation for increased representation of racialized persons within the judiciary.
Professionalism’S Triple E Query: Is Legal Academia Enhancing, Eluding, Or Evading Professionalism?, Nicola A. Boothe-Perry
Professionalism’S Triple E Query: Is Legal Academia Enhancing, Eluding, Or Evading Professionalism?, Nicola A. Boothe-Perry
Journal Publications
The focus of this Article will be law schools' specific role and responsibility in the propaedeutic instruction of professionalism in the legal community. This article is composed of five sections. Part II of this paper discusses the ubiquitous yet illusory definition of professionalism. Part III addresses the practicing bar's approach to the issue of professionalism, reflecting in Subsection A on the public's perception of lawyers, and discussing in Subsection B the response of the governing bodies to such perception. Part IV highlights the role of legal education in fostering professionalism, discussing in Subsection A the fertile ground for change in …
Life At The Center Reflections On My Career, Roberta S. Karmel
Life At The Center Reflections On My Career, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Pitfalls Ahead: A Manifesto For The Training Of Lawyers, Anita Bernstein
Pitfalls Ahead: A Manifesto For The Training Of Lawyers, Anita Bernstein
Faculty Scholarship
No abstract provided.
Regulating Discourtesy On The Bench: A Study In The Evolution Of Judicial Independence, Bruce Green, Rebecca Roiphe
Regulating Discourtesy On The Bench: A Study In The Evolution Of Judicial Independence, Bruce Green, Rebecca Roiphe
Articles & Chapters
In this paper, we argue that the myth of the detached, rational judge, free from emotion runs the risk of undermining the quality of judging, obscuring the transparency of judicial decisions, and deterring the development of diverse judicial styles. We explore the history of the myth of the detached judge and how it made its way into rules of judicial conduct. By contextualizing this image of the judiciary, the article concludes that the rules of judicial conduct have come to embody an antiquated understanding of judicial independence and ought to be revised to reflect a more modern concept of the …