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Full-Text Articles in Law

Private Sanctions, Public Harm?, Jon J. Lee May 2023

Private Sanctions, Public Harm?, Jon J. Lee

BYU Law Review

The legal profession has a secret. In response to widespread public distrust in the profession’s ability to regulate itself, disciplinary authorities have undertaken modest efforts over the last several decades to make their activities more transparent. They have opened up their formal proceedings, publicized the identities of sanctioned attorneys, and shared information about their work online. But at the same time, most have quietly continued to resolve cases of ostensibly “minor” and “isolated” misconduct through private sanctions, keeping the identities of disciplined attorneys – and their misconduct – hidden from view.

This Article takes a comprehensive look at private sanctions …


Comments On James C. Phillips & Jesse Egbert, Advancing Law And Corpus Linguistics: Importing Principles And Practices From Survey And Content-Analysis Methodologies To Improve Corpus Design And Analysis, Edward Finegan Aug 2017

Comments On James C. Phillips & Jesse Egbert, Advancing Law And Corpus Linguistics: Importing Principles And Practices From Survey And Content-Analysis Methodologies To Improve Corpus Design And Analysis, Edward Finegan

BYU Law Review

No abstract provided.


A Lawyer’S Introduction To Meaning In The Framework Of Corpus Linguistics, Neal Goldfarb Aug 2017

A Lawyer’S Introduction To Meaning In The Framework Of Corpus Linguistics, Neal Goldfarb

BYU Law Review

Corpus linguistics is more than just a new tool for legal interpretation. Work in corpus linguistics has generated new ways of thinking about word meaning and about the interpretation of words in context. These insights challenge the assumptions that lawyers and judges generally make about words and their meaning. Although the words that make up a sentence are generally regarded as the basic units of meaning, corpus analysis has shown that in many cases, the meaning of a word as it is used in a given context is a function, not of the word by itself, but of the word’s …


Corpus Linguistics As A Tool In Legal Interpretation, Lawrence M. Solan, Tammy Gales Aug 2017

Corpus Linguistics As A Tool In Legal Interpretation, Lawrence M. Solan, Tammy Gales

BYU Law Review

In this paper, we set out to explore conditions in which the use of large linguistic corpora can be optimally employed by judges and others tasked with construing authoritative legal documents. Linguistic corpora, sometimes containing billions of words, are a source of information about the distribution of language usage. Thus, corpora and the tools for using them are most likely to assist in addressing legal issues when the law considers the distribution of language usage to be legally relevant. As Thomas R. Lee and Stephen C. Mouritsen have so ably demonstrated in earlier work, corpus analysis is especially helpful when …


Raising The Bar: Establishing An Effective Remedy Against Ineffective Counsel, Joseph H. Ricks Oct 2015

Raising The Bar: Establishing An Effective Remedy Against Ineffective Counsel, Joseph H. Ricks

BYU Law Review

No abstract provided.


The Folly Of Expecting Evil: Reconsidering The Bar’S Character And Fitness Requirement, Leslie C. Levin Oct 2014

The Folly Of Expecting Evil: Reconsidering The Bar’S Character And Fitness Requirement, Leslie C. Levin

BYU Law Review

No abstract provided.


Government Speech And The Publicly Employed Attorney, Margaret Tarkington Dec 2010

Government Speech And The Publicly Employed Attorney, Margaret Tarkington

BYU Law Review

In Garcetti v. Ceballos, the U.S. Supreme Court incorporated the "government speech" doctrine into its case law regarding the speech rights of public employees. This incorporation had the effect of nullifying a public employee's free speech rights whenever the employee is speaking pursuant to her official duties. While the Garcetti rule may be problematic in a number situations, it is particularly problematic as applied to publicly employed attorney speech, most notably the speech of prosecutors and public defenders. Attorney speech (including the speech of publicly employed attorneys) is not government speech and should not be treated as government speech. A …


Ineffective Assistance Of Counsel In Plea Bargain Negotiations , Paul J. Sampson Mar 2010

Ineffective Assistance Of Counsel In Plea Bargain Negotiations , Paul J. Sampson

BYU Law Review

No abstract provided.


A Fool For A Client: Competency Standards In Pro Se Cases , Reed Willis Mar 2010

A Fool For A Client: Competency Standards In Pro Se Cases , Reed Willis

BYU Law Review

No abstract provided.


Commercial Speech, "Irrational" Clients, And The Persistence Of Bans On Subjective Lawyer Advertising, Nat Stern Dec 2009

Commercial Speech, "Irrational" Clients, And The Persistence Of Bans On Subjective Lawyer Advertising, Nat Stern

BYU Law Review

No abstract provided.


Reproducing Gender On Law School Faculties, Ann C. Mcginley Mar 2009

Reproducing Gender On Law School Faculties, Ann C. Mcginley

BYU Law Review

No abstract provided.


Surfing The Next Wave Of Outsourcing: The Ethics Of Sending Domestic Legal Work To Foreign Countries Under New York City Opinion 2006-3, Keith Woffinden May 2007

Surfing The Next Wave Of Outsourcing: The Ethics Of Sending Domestic Legal Work To Foreign Countries Under New York City Opinion 2006-3, Keith Woffinden

BYU Law Review

No abstract provided.


Regulation By Networks, Avitai Aviram Nov 2003

Regulation By Networks, Avitai Aviram

BYU Law Review

No abstract provided.


Rex E. Lee Conference On The Office Of The Solicitor General Of The United States Mar 2003

Rex E. Lee Conference On The Office Of The Solicitor General Of The United States

BYU Law Review

No abstract provided.


Risky Business: Attorney Liability In Insurance Defense Litigation-A Review Of The Arizona Supreme Court's Decision In Paradigm Insurance Co. V. Langerman Law Offices Sep 2002

Risky Business: Attorney Liability In Insurance Defense Litigation-A Review Of The Arizona Supreme Court's Decision In Paradigm Insurance Co. V. Langerman Law Offices

BYU Law Review

No abstract provided.


How Secrets Are Kept: Viewing The Current Clergy-Penitent Privilege Through A Comparison With The Attorney-Client Privilege, Shawn P. Bailey May 2002

How Secrets Are Kept: Viewing The Current Clergy-Penitent Privilege Through A Comparison With The Attorney-Client Privilege, Shawn P. Bailey

BYU Law Review

No abstract provided.


The (So-Called) Liability Of Criminal Defense Attorneys: A System In Need Of Reform, Meredith J. Duncan Mar 2002

The (So-Called) Liability Of Criminal Defense Attorneys: A System In Need Of Reform, Meredith J. Duncan

BYU Law Review

No abstract provided.


At The Helm Of The Multidisciplinary Practice Issue After The Aba's Recommendation: States Finding Solutions By Taking Stock In European Harmonization To Preserve Their Sovereignty In Regulating The Legal Profession, Robert K. Christensen Mar 2001

At The Helm Of The Multidisciplinary Practice Issue After The Aba's Recommendation: States Finding Solutions By Taking Stock In European Harmonization To Preserve Their Sovereignty In Regulating The Legal Profession, Robert K. Christensen

BYU Law Review

No abstract provided.


One Trillion Dollars? An Analysis Ofy2k Employment Implications For Attorneys, David M. Kono Nov 1999

One Trillion Dollars? An Analysis Ofy2k Employment Implications For Attorneys, David M. Kono

BYU Law Review

No abstract provided.


Hear No Evil, See No Evil, Speak No Evil: The Intolerable Conflict For Attorney-Mediators Between The Duty To Maintain Mediation Confidentiality And The Duty To Report Fellow Attorney Misconduct, Pamela A. Kentra Sep 1997

Hear No Evil, See No Evil, Speak No Evil: The Intolerable Conflict For Attorney-Mediators Between The Duty To Maintain Mediation Confidentiality And The Duty To Report Fellow Attorney Misconduct, Pamela A. Kentra

BYU Law Review

No abstract provided.


The Case Of Mrs. Jones Revisited: Paternalism And Autonomy In Lawyer-Client Counseling, Mark Spiegel May 1997

The Case Of Mrs. Jones Revisited: Paternalism And Autonomy In Lawyer-Client Counseling, Mark Spiegel

BYU Law Review

No abstract provided.


In Memoriam: Rex E. Lee, H. Reese Hansen May 1996

In Memoriam: Rex E. Lee, H. Reese Hansen

BYU Law Review

No abstract provided.


Lawyers And The Defense Of The Presidency, Nelson Lund Mar 1995

Lawyers And The Defense Of The Presidency, Nelson Lund

BYU Law Review

No abstract provided.


Id., Gerald F. Uelman May 1992

Id., Gerald F. Uelman

BYU Law Review

No abstract provided.


The Transformation Of Civil Lawyers, Richard L. Abel May 1987

The Transformation Of Civil Lawyers, Richard L. Abel

BYU Law Review

No abstract provided.


The Role Of Law And Lawyers In Japan And The United States, Masanobu Kato May 1987

The Role Of Law And Lawyers In Japan And The United States, Masanobu Kato

BYU Law Review

No abstract provided.


The Role Of Legal Education In Defining Modern Legal Professions, David S. Clark May 1987

The Role Of Legal Education In Defining Modern Legal Professions, David S. Clark

BYU Law Review

No abstract provided.


Expanded View Of Section 12(2) Liability: Junker V. Crory, Richard C. Taggart Nov 1982

Expanded View Of Section 12(2) Liability: Junker V. Crory, Richard C. Taggart

BYU Law Review

No abstract provided.


Lawyer Duties In Securities Transactions Under Rule 2(E): The Carter Opinions, David H. Barber Sep 1982

Lawyer Duties In Securities Transactions Under Rule 2(E): The Carter Opinions, David H. Barber

BYU Law Review

No abstract provided.


The Profession Looks At Itself-The Pound Conference Of 1976, Rex E. Lee Sep 1981

The Profession Looks At Itself-The Pound Conference Of 1976, Rex E. Lee

BYU Law Review

No abstract provided.