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Articles 1 - 16 of 16
Full-Text Articles in Law
A Legal And Ethical Puzzle: Defense Counsel As Quasi Witness, Elizabeth Slater
A Legal And Ethical Puzzle: Defense Counsel As Quasi Witness, Elizabeth Slater
Fordham Law Review
The U.S. criminal justice system is built on the concept of an adversarial trial. The defense and prosecution present competing narratives to a neutral audience that judges whether the prosecution has proved its case beyond a reasonable doubt. In this context, defense counsel is expected to be a zealous advocate for the defendant, providing the most effective representation possible in light of the evidence presented by the government. However, there are occasions outside of trial where defense counsel’s traditional role changes and she is asked to disclose, not to the jury, but to the court, personal opinions and knowledge about …
See No Fiduciary, Hear No Fiduciary: A Lawyer’S Knowledge Within Aiding And Abetting Fiduciary Breach Claims, Brinkley Rowe
See No Fiduciary, Hear No Fiduciary: A Lawyer’S Knowledge Within Aiding And Abetting Fiduciary Breach Claims, Brinkley Rowe
Fordham Law Review
Fiduciary liability for attorney conduct generally extends only to direct clients of legal services. Over the last few decades, however, the lawyer’s role has expanded. Following this trend, fiduciary liability also has expanded to allow third-party claims in certain limited circumstances. One example is the attorney aiding and abetting a client’s fiduciary breach claim. One of the key requirements for liability under this claim is the attorney’s knowledge of his client’s fiduciary relationship with the third party alleging the breach. Within those jurisdictions that have accepted the claim, there are two approaches to the knowledge element. The first is the …
Inside Lawyers: Friends Or Gatekeepers?, Sung Hui Kim
Inside Lawyers: Friends Or Gatekeepers?, Sung Hui Kim
Fordham Law Review
Part I of this Article sets the stage by contrasting two alternative proposals to reform the inside lawyer's role—my reform and Hamermesh's counterreform. Part II discusses the primary empirical disagreements between the two approaches. Part III interrogates the propriety and the utility of invoking the “lawyer as friend” analogy as a model to guide inside counsel's relationships with managers.
The Practice Of Law As A Useful Art: Toward An Alternative Theory Of Professionalism, Norman W. Spaulding
The Practice Of Law As A Useful Art: Toward An Alternative Theory Of Professionalism, Norman W. Spaulding
Fordham Urban Law Journal
No abstract provided.
"Professionalism" As Pathology: The Aba's Latest Pollicy Debate On Nonlawyer Ownership Of Law Practice Entities, Ted Schneyer
"Professionalism" As Pathology: The Aba's Latest Pollicy Debate On Nonlawyer Ownership Of Law Practice Entities, Ted Schneyer
Fordham Urban Law Journal
No abstract provided.
The Framing Effects Of Professionalism: Is There A Lawyer Cast Of Mind? Lessons From Compliance Programs, Robert Eli Rosen, Christine E. Parker, Vibeke Lehmann Nielson
The Framing Effects Of Professionalism: Is There A Lawyer Cast Of Mind? Lessons From Compliance Programs, Robert Eli Rosen, Christine E. Parker, Vibeke Lehmann Nielson
Fordham Urban Law Journal
Professionals working inside companies may bring with them frames of mind set by their professional experience and socialization. Lawyers, in particular, are said to “think like a lawyer”—to have a lawyer cast of mind. In seeking power within a company and in exercising the power that they obtain, professionals may draw on their professional background to frame, name, diagnose, and prescribe a remedy for the company’s problems. In making decisions about their compliance with the law, companies are constrained not only by their environment, but also by their agents’ understanding of whose (or what) interests the company should serve. In …
A History Of Professionalism: Julius Henry Cohen And The Professions As A Route To Citizenship, Rebecca Roiphe
A History Of Professionalism: Julius Henry Cohen And The Professions As A Route To Citizenship, Rebecca Roiphe
Fordham Urban Law Journal
No abstract provided.
Nothing New Under The Sun: How The Legal Profession's Twenty-First Century Challenges Resemble Those Of The Turn Of The Twentieth Century, Russell G. Pearce, Pam Jenoff
Nothing New Under The Sun: How The Legal Profession's Twenty-First Century Challenges Resemble Those Of The Turn Of The Twentieth Century, Russell G. Pearce, Pam Jenoff
Fordham Urban Law Journal
No abstract provided.
Implications Of Globalization For The Professional Status Of Lawyers In The United States And Elsewhere, Nancy J. Moore
Implications Of Globalization For The Professional Status Of Lawyers In The United States And Elsewhere, Nancy J. Moore
Fordham Urban Law Journal
No abstract provided.
In Defense Of The Business Of Law, Judith A. Mcmorrow
In Defense Of The Business Of Law, Judith A. Mcmorrow
Fordham Urban Law Journal
No abstract provided.
The Law: Business Or Profession?: The Continuing Relevance Of Julius Henry Cohen For The Practice Of Law In The Twenty-First Century, Samuel J. Levine
The Law: Business Or Profession?: The Continuing Relevance Of Julius Henry Cohen For The Practice Of Law In The Twenty-First Century, Samuel J. Levine
Fordham Urban Law Journal
No abstract provided.
An Entrepreneurial Perspective On The Business Of Being In Our Profession, Steven H. Hobbs
An Entrepreneurial Perspective On The Business Of Being In Our Profession, Steven H. Hobbs
Fordham Urban Law Journal
No abstract provided.
Rehabilitating Lawyers: Perceptions Of Deviance And Its Cures In The Lawyer Reinstatement Process, Bruce Green, Jane Campbell Moriarty
Rehabilitating Lawyers: Perceptions Of Deviance And Its Cures In The Lawyer Reinstatement Process, Bruce Green, Jane Campbell Moriarty
Fordham Urban Law Journal
State courts’ approach to lawyer admissions and discipline has not changed fundamentally in the past century. Courts still place faith in the idea that “moral character” is a stable trait that reliably predicts whether an individual will be honest in any given situation. Although research in neuroscience, cognitive science, psychiatry, research psychology, and behavioral economics (collectively “cognitive and social science”) has influenced prevailing concepts of personality and trustworthiness, courts to date have not considered whether they might change or refine their approach to “moral character” in light of scientific insights. This Article examines whether courts should reevaluate how they decide …
Dichotomy No Longer? The Role Of The Private Business Sector In Educating The Future Russian Legal Professions, Philip M. Genty
Dichotomy No Longer? The Role Of The Private Business Sector In Educating The Future Russian Legal Professions, Philip M. Genty
Fordham Urban Law Journal
No abstract provided.
Profession: A Definition, Sande L. Buhai
Profession: A Definition, Sande L. Buhai
Fordham Urban Law Journal
No abstract provided.
Being Good Lawyers: A Relational Approach To Law Practice, Eli Wald, Russell G. Pearce
Being Good Lawyers: A Relational Approach To Law Practice, Eli Wald, Russell G. Pearce
Faculty Scholarship
In response to past generations of debates regarding whether law is a business or profession, we advance an alternative approach that rejects the dichotomies of business and profession, or hired gun and wise counselor. Instead, we propose a relational account of law practice. Unlike frameworks grounded in assumptions of atomistic individualism or communitarianism, a relational perspective recognizes that all actors, whether individuals or organizations, have separate identities yet are intrinsically inter-connected and cannot maximize their own good in isolation. Through the lens of relational self-interest, maximizing the good of the individual or business requires consideration of the good of the …