Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication Year
- Publication
- Publication Type
Articles 1 - 13 of 13
Full-Text Articles in Law
When Mental Health Meets “The One-Armed Man” Defense: How Courts Should Deal With Mccoy Defendants, Farid Seyyedi
When Mental Health Meets “The One-Armed Man” Defense: How Courts Should Deal With Mccoy Defendants, Farid Seyyedi
St. Mary's Journal on Legal Malpractice & Ethics
The Supreme Court’s opinion in McCoy v. Louisiana held that a defendant has a constitutional right to insist their attorney not concede guilt as to any element of an offense, even if doing so is the only reasonable trial strategy to give the defendant a chance at life imprisonment instead of the death penalty. Under McCoy’s holding, a defendant can insist on maintaining their innocence—even in the face of overwhelming evidence—and force their attorney to pursue a defense that will land them on death row. The Supreme Court’s holding makes clear that a strategic concession of guilt at trial—over …
Why Is There No Clear Doctrine Of Informed Consent For Lawyers?, Nancy J. Moore
Why Is There No Clear Doctrine Of Informed Consent For Lawyers?, Nancy J. Moore
Faculty Scholarship
Written as a contribution to a symposium issue of the Toledo Law Review honoring retiring professor Susan Martyn, this article takes as its starting point an early article by Professor Martyn entitled “Informed Consent in the Practice of Law.” In that article, Professor Martyn decried the inability of clients to control the course of their representation and urged state legislatures to remedy this situation by enacting legislation creating an action in damages based upon a lawyer’s failure to obtain the client’s informed consent. Such an action would be similar to common law actions that courts had recently recognized by patients …
Open-Minded Listening, Jonathan R. Cohen
Open-Minded Listening, Jonathan R. Cohen
Jonathan R. Cohen
Parties in conflict do not typically listen to one another well. On a physical level they hear what their counterparts say, but on a deeper level they do not truly absorb or think seriously about their counterparts’ words. If they listen at all, they listen with an ear toward how they can refute rather than toward what they may learn. This article explores how we might change this. In contrast to prior research examining external aspects of listening (e.g., how being listened to influences the speaker), this article probes the internal side of listening, specifically, whether the listener will allow …
Open-Minded Listening, Jonathan R. Cohen
Open-Minded Listening, Jonathan R. Cohen
UF Law Faculty Publications
Parties in conflict do not typically listen to one another well. On a physical level they hear what their counterparts say, but on a deeper level they do not truly absorb or think seriously about their counterparts’ words. If they listen at all, they listen with an ear toward how they can refute rather than toward what they may learn. This article explores how we might change this. In contrast to prior research examining external aspects of listening (e.g., how being listened to influences the speaker), this article probes the internal side of listening, specifically, whether the listener will allow …
Human Nature And Moral Responsibility In Lawyer-Client Relationships, Thomas L. Shaffer
Human Nature And Moral Responsibility In Lawyer-Client Relationships, Thomas L. Shaffer
Thomas L. Shaffer
No abstract provided.
Civil Obedience, W. Bradley Wendel
Civil Obedience, W. Bradley Wendel
Cornell Law Faculty Publications
Discussions of legal ethics generally assume that lawyers should deliberate straightforwardly on the basis of reasons to act or refrain from acting. This model of deliberation fails to account for the role of the law in resolving normative disagreement and coordinating social activity by people who do not share comprehensive ethical doctrines. The law represents a collective decision about what citizens ought to do, which replaces the reasons individuals would otherwise have to act. This Article contends that legal ethics ought to be understood as an aspect of this theory of the authority of law. On this account, lawyers have …
The Duty Of Confidentiality, Roger C. Cramton
The Duty Of Confidentiality, Roger C. Cramton
Cornell Law Faculty Publications
No abstract provided.
Lawyer Disclosure To Prevent Death Or Bodily Injury: A New Look At Spaulding V. Zimmerman, Roger C. Cramton
Lawyer Disclosure To Prevent Death Or Bodily Injury: A New Look At Spaulding V. Zimmerman, Roger C. Cramton
Cornell Law Faculty Publications
No abstract provided.
Proposed Legislation Concerning A Lawyer’S Duty Of Confidentiality, Roger C. Cramton
Proposed Legislation Concerning A Lawyer’S Duty Of Confidentiality, Roger C. Cramton
Cornell Law Faculty Publications
No abstract provided.
To Save A Life: Why A Rabbi And A Jewish Lawyer Must Disclose A Client Confidence Symposium: Executing The Wrong Person: The Professionals' Ethical Dilemmas, Russell G. Pearce
To Save A Life: Why A Rabbi And A Jewish Lawyer Must Disclose A Client Confidence Symposium: Executing The Wrong Person: The Professionals' Ethical Dilemmas, Russell G. Pearce
Faculty Scholarship
As adopted by courts and legislatures, lawyer's ethical codes have the force of law. They require a lawyer to keep information confidential unless the lawyer knows the client will commit a future crime. Jewish tradition generally forbids the disclosure of confidential information as "a terrible invasion of another person's privacy."This interdiction, rooted in the Torah's prohibition on talebearing, applies even when the information disclosed is true. The great medieval commentator, Maimonides, observed that gossip "ruins the world.” He further reproached "the evil tongue of the slander-monger who speaks disparagingly of one's fellow, even if the truth is told." Accordingly, the …
Human Nature And Moral Responsibility In Lawyer-Client Relationships, Thomas L. Shaffer
Human Nature And Moral Responsibility In Lawyer-Client Relationships, Thomas L. Shaffer
Journal Articles
My interest here is ethics—whether observation, intuition, the ability to make appeals to human nature, and insight into the workings of the human heart are useful as guides for legal judgments in relationships between lawyers and clients. A modern American lawyer and her client use power as certainly as Solomon used power and, I suppose, are as manifestly subject to indirection in deciding how to use power as the kings of Israel were. In both cases the enterprise is undertaken, as W.H. Auden put it, on "a moral planet tamed by terror."
State Ethics Rules And Federal Prosecutors: The Controversies Over The Anti-Contact And Subpoena Rules, Roger C. Cramton, Lisa K. Udell
State Ethics Rules And Federal Prosecutors: The Controversies Over The Anti-Contact And Subpoena Rules, Roger C. Cramton, Lisa K. Udell
Cornell Law Faculty Publications
No abstract provided.
The Second Set Of Players: Lawyers, Fee Shifting, And The Limits Of Professional Discipline, Charles W. Wolfram
The Second Set Of Players: Lawyers, Fee Shifting, And The Limits Of Professional Discipline, Charles W. Wolfram
Cornell Law Faculty Publications
No abstract provided.