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Full-Text Articles in Law
Ethical Issues In Community Supervision (Probation And Parole), Sharlette A. Kellum-Gilbert Ph.D.
Ethical Issues In Community Supervision (Probation And Parole), Sharlette A. Kellum-Gilbert Ph.D.
Dr. Sharlette A. Kellum-Gilbert
If one does not like to be micromanaged, they should never do anything that might cause them to be on probation or parole. Probation Officers and Parole Officers (POs) are super micromanagers. Every day, they are tasked with supervising several offenders (e.g., home contact, work verifications, treatment programs, etc.). This is definitely not a desk job! They must be diplomatic, fair, stern, and knowledgeable. The job of probation and parole officers includes impeding cycles. There are various cycles of dysfunction that causes an offender to be introduced to the system and sometimes remain in the system. Probation and parole officers …
Quale Etica Per I Guidici?, Charles Baron
Professional Ethical Issues Confronting The Bench And Bar In 'Mental Disability' Cases, Charles Baron
Professional Ethical Issues Confronting The Bench And Bar In 'Mental Disability' Cases, Charles Baron
Charles H. Baron
No abstract provided.
Janus Capital Group, Inc. V. First Derivative Traders: The Culmination Of The Supreme Court’S Evolution From Liberal To Reactionary In Rule 10b-5 Actions, Charles W. Murdock
Janus Capital Group, Inc. V. First Derivative Traders: The Culmination Of The Supreme Court’S Evolution From Liberal To Reactionary In Rule 10b-5 Actions, Charles W. Murdock
Charles W. Murdock
“Political” decisions such as Citizens United and National Federation of Independent Business (“Obamacare”) reflect the reactionary bent of several Supreme Court justices. But this reactionary trend is discernible in other areas as well. With regard to Rule 10b-5, the Court has handed down a series of decisions that could be grouped into four trilogies. The article examines the trend over the past 40 years which has become increasingly conservative and finally reactionary.
The first trilogy was a liberal one, arguably overextending the scope of Rule 10b-5. This was followed by a conservative trilogy which put a brake on such extension, …
Lessons From Positive Psychology For Developing Advocacy Skills, Nancy Schultz
Lessons From Positive Psychology For Developing Advocacy Skills, Nancy Schultz
Nancy Schultz
Advocacy skills are crucial to law students and lawyers. One of the ways law students develop those skills is in the context of lawyering skills competitions. This article explores whether there is any psychological research that might offer more systematic guidance for advocacy coaches and instructors. Positive psychology does offer some principles that suggest useful approaches to coaching and teaching advocacy. Taken together with instinct and experience, these principles can help coaches and advocacy instructors be more effective in training young lawyers for litigation and dispute resolution practice.
Real Ethics For Real Lawyers, 2nd Ed., Daniel Coquillette
Real Ethics For Real Lawyers, 2nd Ed., Daniel Coquillette
Daniel R. Coquillette
No abstract provided.
Professional Identity As Advocacy: The Good, The Bad, The Unseen, Robert Rubinson
Professional Identity As Advocacy: The Good, The Bad, The Unseen, Robert Rubinson
Robert Rubinson
The legal profession adheres to a story of a unified profession. Nevertheless, the profession has distinct professional sub-groups which repeatedly represent clients with interests adverse to those represented by attorneys who identify with other sub-groups. The idea of “professional identity as advocacy” describes how such professional sub-groups accuse opposing sub-groups of greed, self-aggrandizement, or worse. This is most notable in two areas: personal injury litigation and criminal cases. This process has two seemingly contradictory consequences. First, it renders narrow areas extraordinarily visible, thus defining popular discourse and conceptions about lawyers and law. Second, it masks vast areas of litigation and …
How Do Roles Generate Reasons? On The Methods Of Legal Ethics, Stephen Galoob
How Do Roles Generate Reasons? On The Methods Of Legal Ethics, Stephen Galoob
Stephen Galoob
Debates about legal ethics should be oriented around the generative problem, which asks two fundamental questions. First, how does the lawyer’s role generate normatively compelling reasons for action? Second, what kinds of reasons can this role generate?
Every substantive theory of legal ethics is based on a solution to the generative problem. On the generative problem method, we should evaluate these theories based on their implicit solutions to the generative problem. None of the main theories of legal ethics is based on a solution to the generative problem that is both structurally valid and empirically verified.
The generative problem method …
Is The Attorney-Client Privilege A Privilege Of The Rich? Federal Hmis Database Reporting And Homeless Client Confidentiality, Jennifer Hammitt
Is The Attorney-Client Privilege A Privilege Of The Rich? Federal Hmis Database Reporting And Homeless Client Confidentiality, Jennifer Hammitt
Jennifer Hammitt
No abstract provided.
On Butlers, Architects, And Lawyers: The Professionalism Of "The Remains Of The Day" And Of "The Fountainhead", Susan Daicoff
On Butlers, Architects, And Lawyers: The Professionalism Of "The Remains Of The Day" And Of "The Fountainhead", Susan Daicoff
Susan Daicoff
Several commentators have explored the relationship of a fictional character of the butler, Stevens, in Kazuo Ishiguro’s novel, The Remains of the Day, to the proper professional role of the lawyer, since the novel was published. The professionalism of Stevens is here compared to that of another fictional character, the architect, Roark, in Ayn Rand’s novel, The Fountainhead, as they might be applied in the legal profession. The relationship of empirical research on lawyers’ values, wellbeing, and decisionmaking preferences to these divergent approaches to professionalism is then explored. A diversity of approaches to professional role is proposed as most appropriate, …
Is The Attorney-Client Privilege A Privilege Of The Rich? Federal Hmis Database Reporting And Homeless Client Confidentiality, Jennifer Hammitt
Is The Attorney-Client Privilege A Privilege Of The Rich? Federal Hmis Database Reporting And Homeless Client Confidentiality, Jennifer Hammitt
Jennifer Hammitt
The Homeless Management Information System (HMIS) is a new database reporting system mandated by the Department of Housing and Urban Development to track the usage of HUD services by homeless people. The HMIS requires collecting identifiable personal information about the individuals who use the services and entering that information into a database that enables information sharing and referral services. This comment arose out of an investigation into the HMIS database and confidentiality issues that I did while working at Legal Services of Greater Miami, Inc., as part of the Homeless Legal Assistance Project in the summer of 2009. As this …
Evidence, Belief, And Action: The Failure Of Equipoise To Resolve The Ethical Tension In The Randomized Clinical Trial, Deborah Hellman
Evidence, Belief, And Action: The Failure Of Equipoise To Resolve The Ethical Tension In The Randomized Clinical Trial, Deborah Hellman
Deborah Hellman
No abstract provided.
Disparities Between Asbestosis And Silicosis Claims Generated By Litigation Screenings And Clinical Studies, Lester Brickman
Disparities Between Asbestosis And Silicosis Claims Generated By Litigation Screenings And Clinical Studies, Lester Brickman
Lester Brickman
In 2005, U.S. District Court Judge Janis Jack, presiding over an MDL proceeding involving 10,000 claims of silicosis emanating from litigation screenings, issued a 264 page opinion rejecting the reliability of thousands of medical reports generated by those screenings. Before issuing her opinion, she ordered a Daubert hearing to assess the reliability of these medical reports which had been issued by a handful of doctors. In furtherance of this unprecedented use of a Daubert hearing in a mass tort proceeding, she compelled the production of a large volume of evidence, under threat of contempt, that the screening companies and doctors …
Disparities Between Asbestosis And Silicosis Claims Generated By Litigation Screenings And Clinical Studies, Lester Brickman
Disparities Between Asbestosis And Silicosis Claims Generated By Litigation Screenings And Clinical Studies, Lester Brickman
Lester Brickman
In 2005, U.S. District Court Judge Janis Jack, presiding over an MDL proceeding involving 10,000 claims of silicosis emanating from litigation screenings, issued a 264 page opinion rejecting the reliability of thousands of medical reports generated by those screenings. Before issuing her opinion, she ordered a Daubert hearing to assess the reliability of these medical reports which had been issued by a handful of doctors. In furtherance of this unprecedented use of a Daubert hearing in a mass tort proceeding, she compelled the production of a large volume of evidence, under threat of contempt, that the screening companies and doctors …
Coporate America Fights Back: The Battle Over Waiver Of The Attorney-Client Privilege, Michael L. Seigel
Coporate America Fights Back: The Battle Over Waiver Of The Attorney-Client Privilege, Michael L. Seigel
Michael L Seigel
This article address a topic that is the subject of an on-going and heated contest between the business lobby and its lawyers, represented primarily by the American Bar Association, the Association of Corporate Counsel, and the National Association of Criminal Defense Lawyers, on the one side, and the United States Department of Justice, on the other. The fight is over federal prosecutors’ escalating practice of requesting that corporations accused of criminal wrongdoing waive their attorney-client privilege as part of their cooperation with the government. The Department views privilege waiver as a legitimate and very important tool in its post-Enron battle …
Recent Developments Affecting The Ethical Obligations Of Attorneys In Class Actions, Carolyn Shapiro
Recent Developments Affecting The Ethical Obligations Of Attorneys In Class Actions, Carolyn Shapiro
Carolyn Shapiro
No abstract provided.
The Continuing Moral Fashioning Of A Law Professor, Randy Lee
The Continuing Moral Fashioning Of A Law Professor, Randy Lee
Randy Lee
No abstract provided.
Quale Etica Per I Guidici?, Charles Baron
Ethical Decision-Making By Attorneys, Susan Daicoff, J Mcguire, B Blau, D Abbott
Ethical Decision-Making By Attorneys, Susan Daicoff, J Mcguire, B Blau, D Abbott
Susan Daicoff
No abstract provided.
Professional Ethics And The Lawyer Organizing A Corporation, Scott Fitzgibbon
Professional Ethics And The Lawyer Organizing A Corporation, Scott Fitzgibbon
Scott T. FitzGibbon
No abstract provided.
Professional Ethics, Organizing Corporations, And The Ideology Of Corporate Articles And By-Laws, Scott Fitzgibbon
Professional Ethics, Organizing Corporations, And The Ideology Of Corporate Articles And By-Laws, Scott Fitzgibbon
Scott T. FitzGibbon
No abstract provided.
Professional Ethical Issues Confronting The Bench And Bar In 'Mental Disability' Cases, Charles Baron
Professional Ethical Issues Confronting The Bench And Bar In 'Mental Disability' Cases, Charles Baron
Charles H. Baron
No abstract provided.