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Articles 61 - 77 of 77

Full-Text Articles in Law

Counseling Organizational Clients"Within The Bounds Of The Law", Roger C. Cramton Jan 2006

Counseling Organizational Clients"Within The Bounds Of The Law", Roger C. Cramton

Hofstra Law Review

No abstract provided.


Creating Space For Lawyers To Be Ethical: Driving Towards An Ethic Of Transparency, Burnele V. Powell Jan 2006

Creating Space For Lawyers To Be Ethical: Driving Towards An Ethic Of Transparency, Burnele V. Powell

Hofstra Law Review

No abstract provided.


Moralizing In Public, Anita L. Allen Jan 2006

Moralizing In Public, Anita L. Allen

Hofstra Law Review

No abstract provided.


The State Action Doctrine And The Principle Of Democratic Choice, Wilson R. Huhn Jan 2006

The State Action Doctrine And The Principle Of Democratic Choice, Wilson R. Huhn

Hofstra Law Review

The Supreme Court has badly misread the purpose of the state action doctrine. The Supreme Court has failed to recognize that the fundamental value that is served by the state action doctrine is not "individual freedom" but rather "democratic choice." As a result the Court has narrowly construed the concept of state action, and has underestimated the necessity of applying constitutional norms to the exercise of combined private and state power. The Supreme Court has also misconstrued the distinction between state action and state inaction. Once protective laws have been enacted through the democratic process state action exists, and constitutional …


Direct-To-Consumer Advertising And Pharmaceutical Ethics: The Case Of Vioxx, Ronald M. Green Jan 2006

Direct-To-Consumer Advertising And Pharmaceutical Ethics: The Case Of Vioxx, Ronald M. Green

Hofstra Law Review

No abstract provided.


The Office Of Research Integrity: Experience And Authorities, Chris B. Pascal Jan 2006

The Office Of Research Integrity: Experience And Authorities, Chris B. Pascal

Hofstra Law Review

No abstract provided.


Legal Ethics And The Constitution, Alan Dershowitz Jan 2006

Legal Ethics And The Constitution, Alan Dershowitz

Hofstra Law Review

No abstract provided.


A Cautionary Tale: Fiduciary Breach As Legal Malpractice, Charles W. Wolfram Jan 2006

A Cautionary Tale: Fiduciary Breach As Legal Malpractice, Charles W. Wolfram

Hofstra Law Review

No abstract provided.


A Grand Slam Of Professional Irresponsibility And Judicial Disregard, Stephen A. Saltzburg Jan 2006

A Grand Slam Of Professional Irresponsibility And Judicial Disregard, Stephen A. Saltzburg

Hofstra Law Review

Many examples of bad lawyering and indifferent judicial responses to bad lawyering concern those who seek to raise the standards of professional conduct and assure adequate legal representation for all clients. This article discusses one case (a death penalty prosecution of William Charles Payton for rape, murder and attempted murder in 1981) to illustrate just how poor the performance of lawyers can be and how largely indifferent judges often are to such performances. With the defendant's life on the line, it appears that none of the legally trained professionals at trial did what professional standards required of them. The prosecutor …


A Double Standard For Lawyer Dishonesty: Billing Fraud Versus Misappropriation, Lisa G. Lerman Jan 2006

A Double Standard For Lawyer Dishonesty: Billing Fraud Versus Misappropriation, Lisa G. Lerman

Hofstra Law Review

No abstract provided.


The Corporate Lawyer And 'The Perjury Trilemma', Thomas D. Morgan Jan 2006

The Corporate Lawyer And 'The Perjury Trilemma', Thomas D. Morgan

Hofstra Law Review

This paper extends Monroe Freedman's idea of the criminal lawyer's "perjury trilemma" to current issues faced by corporate lawyers dealing with perceived pressures on the attorney-client privilege. The duties of criminal defense and corporate lawyers are more similar than they often seem. Corporate lawyers' duties of honesty in dealing with third parties are closely analogous to criminal lawyers' duties of honesty in dealing with a court. Both sets of lawyers also have an important interest in fostering open communications with their clients. Where their situations differ is not with respect to lawyer obligations but with respect to their clients' rights. …


Reconsidering The Corporate Attorney-Client Privilege: A Response To The Compelled-Voluntary Waiver Paradox, Lonnie T. Brown Jr. Jan 2006

Reconsidering The Corporate Attorney-Client Privilege: A Response To The Compelled-Voluntary Waiver Paradox, Lonnie T. Brown Jr.

Hofstra Law Review

Many within the legal profession are presently of the opinion that the protection traditionally accorded by the corporate attorney-client privilege is being seriously eroded, if not completely destroyed. This sentiment has largely been inspired by the perceived effect of government use of what I refer to as "compelled-voluntary" waiver in the context of investigations into corporate wrongdoing. Various governmental bodies employ this waiver device, but the United States Department of Justice ("DOJ") is perhaps the best known and certainly the most vilified.

The DOJ guidelines for prosecuting corporations, embodied first in the so-called "Holder Memorandum" and now in the "Thompson …


Institutional And Individual Justification In Legal Ethics: The Problem Of Client Selection, W. Bradley Wendel Jan 2006

Institutional And Individual Justification In Legal Ethics: The Problem Of Client Selection, W. Bradley Wendel

Hofstra Law Review

Monroe Freedman is well known as a proponent of the "standard conception" of legal ethics - that is, that a lawyer cannot be criticized in moral terms for actions taken in a representative capacity. Surprisingly, however, Freedman has argued that client selection is a decision for which a lawyer may be required to provide a justification in ordinary moral terms. This apparent inconsistency reveals a conceptual distinction in normative ethical theory, which is often blurred, between justifying a practice (in this case, the legal system or some specialized practice such as criminal defense) and justifying an action falling within the …


The Supreme Court Will Not Overrule Roe V. Wade, Robert A. Sedler Jan 2006

The Supreme Court Will Not Overrule Roe V. Wade, Robert A. Sedler

Hofstra Law Review

In this Idea, Professor Sedler, who litigated the Kentucky version of Roe v. Wade for the ACLU of Kentucky while on the faculty of the University of Kentucky, gives his opinion as to why the Supreme Court will not overrule Roe v. Wade. The Idea is based on an op-ed that ProfessorSedler published in the Detroit Free Press in connection with the nomination of Chief Justice John Roberts to the Supreme Court.

Professor Sedler maintains that the Court is not likely to overrule Roe v. Wade for two related reasons. The first reason goes to the operation of the Court …


An Old Means To A Different End: The War On Terror, American Citizens... And The Treason Clause, Benjamin A. Lewis Jan 2006

An Old Means To A Different End: The War On Terror, American Citizens... And The Treason Clause, Benjamin A. Lewis

Hofstra Law Review

No abstract provided.


Big Talk, Broken Promises: How Title I Of The Americans With Disabilities Act Failed Disabled Workers, Melanie D. Winegar Jan 2006

Big Talk, Broken Promises: How Title I Of The Americans With Disabilities Act Failed Disabled Workers, Melanie D. Winegar

Hofstra Law Review

No abstract provided.


Medical Ethical Considerations In Collaborative Research, Samuel Packer Jan 2006

Medical Ethical Considerations In Collaborative Research, Samuel Packer

Hofstra Law Review

No abstract provided.