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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
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
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
The State Action Doctrine And The Principle Of Democratic Choice, Wilson R. Huhn
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
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
The Office Of Research Integrity: Experience And Authorities, Chris B. Pascal
Hofstra Law Review
No abstract provided.
Legal Ethics And The Constitution, Alan Dershowitz
Legal Ethics And The Constitution, Alan Dershowitz
Hofstra Law Review
No abstract provided.
A Cautionary Tale: Fiduciary Breach As Legal Malpractice, Charles W. Wolfram
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
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
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
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.
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
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
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
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
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
Medical Ethical Considerations In Collaborative Research, Samuel Packer
Hofstra Law Review
No abstract provided.