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Full-Text Articles in Law
What Web3 Means For Lawyers' Ethical Duties, Heidi L. Frostestad
What Web3 Means For Lawyers' Ethical Duties, Heidi L. Frostestad
College of Law Faculty Publications
Evolving technologies are one of the greatest issues of our time and continue to affect legal practice at a rapid rate, exponentially changing the structure of law firms and traditional practice.
Government Ethics And Sustainable Space Exploration, Adam F. Greenstone
Government Ethics And Sustainable Space Exploration, Adam F. Greenstone
Northern Illinois University Law Review
This Article is about how government ethics supports humanity’s sustained exploration of outer space. Connotations of space sustainability include addressing all bases so that space activity develops to maximize human benefit. NASA’s ethics practice advances key mission objectives by supporting workforce talent acquisition, talent transfer to other organizations supporting national space objectives, disseminating public information on NASA’s activities, and advancing space commerce development. Following the earlier concurrent development of US government ethics law and human spaceflight, the United Nations Convention Against Corruption (UNCAC) has advanced a global anti-corruption framework of which government ethics is part. The significance of government ethics …
Illinois Lawyer Investigations Of Current Client Concerns, Jeffrey A. Parness
Illinois Lawyer Investigations Of Current Client Concerns, Jeffrey A. Parness
Northern Illinois University Law Review
When questions are raised by a current client regarding an attorney’s representation of the client, the questioned attorney should be able to seek counsel confidentially. Such a conferral will often benefit the attorney, the firm and the client. Advice regarding questioned conduct should be encouraged, not discouraged. To prompt such conferrals, an attorney-client communication and a work product privilege should be available in Illinois, with availability not dependent upon whether in-house, outside or other attorneys are sought for counsel. While early federal precedents were split, increasingly under other state high court precedents the attorney-client communication privilege is available. Its recognition …
Standing To Raise A Conflict Of Interest, Ivy Johnson
Standing To Raise A Conflict Of Interest, Ivy Johnson
Northern Illinois University Law Review
Lawyers often seek disqualification of the opposing counsel based upon their conflicts of interest as a strategic measure to delay litigation and increase costs for the other side. For many years, courts presumed that parties unaffected by the conflict of interest had standing because of the lawyer's professional obligations to report violations of ethics rules. Recently, the United States Supreme Court has cast doubt on the standing of such parties. This article first gives a brief introduction to conflict of interest rules and standing, followed by an in-depth analysis of the state of the law. Ms. Johnson concludes with an …
An Essay On Teaching Professional Responsibility, L. Ray Patterson
An Essay On Teaching Professional Responsibility, L. Ray Patterson
Northern Illinois University Law Review
There is, I argue, need for a new approach to teaching law students how to become professionally responsible lawyers. The core problem in teaching the professional responsibility course is that it is a course in lawyer's law that treats only the ethical rules and ignores the fact that procedural and malpractice rules are also relevant. If, however, the professional responsibility course becomes a course in lawyer's law, it follows that it must encompass rules of procedure, rules of malpractice, and rules of ethics (which should be identified as what they are, rules of discipline). There is, however, a development that …
Settlement Ethics And Lawyering In Adr Proceedings: A Proposal To Revise Rule 4.1, James J. Alfini
Settlement Ethics And Lawyering In Adr Proceedings: A Proposal To Revise Rule 4.1, James J. Alfini
Northern Illinois University Law Review
At the close of the twentieth century, we are witnessing very significant changes in the litigation of civil disputes in our society. Much of the change has to do with a more expansive view by lawyers and judges of the means that may be employed for resolving civil disputes. Cases in litigation are increasingly being sent to mediation, arbitration, summary jury trial, early neutral evaluation, and other alternatives to adjudication. Lawyers are beginning to advise their clients of the availability of these options and are representing their clients in these alternative fora. Much has been said and written about these …
Ethics 2000: What Might Have Been, Steven C. Krane
Ethics 2000: What Might Have Been, Steven C. Krane
Northern Illinois University Law Review
The Model Rules of Professional Conduct can perhaps be analogized to a modest house built in the early 1960s. The kitchen and bathroom were updated in the late 1970s, and the garage was converted into an extra room, but otherwise the house has remained unchanged. By the late 1990s, however, it became apparent that the occupants of the house had - along with their neighborhood - changed dramatically. The house no longer met their needs. Clearly, what is needed is for the Commission to build a new house for the occupants to live in. Instead, the Commission is redecorating. It …
Looking Ahead To Ethics 2015: Or Why I Still Do Not Get The Aba Model Conflict Of Interest Rules, Richard E. Flamm
Looking Ahead To Ethics 2015: Or Why I Still Do Not Get The Aba Model Conflict Of Interest Rules, Richard E. Flamm
Northern Illinois University Law Review
Ideas about what constitutes ethical conduct--and, more specifically, about what the law governing lawyers should be--would appear to be in a perpetual state of flux. Whether because of perceived problems with existing ethical rules, changes in the way law has come to be practiced, or a melange of other reasons including political expediency, it seems that a call goes out every fifteen years or so-for a reappraisal of the rules regulating the way lawyers conduct their affairs. One such call, put out in the late 1960s, ripened into the ABA Model Code of Professional Responsibility (1970). Thirteen short years later …
Law, Medicine, And Social Justice, Todd D. Volker
Law, Medicine, And Social Justice, Todd D. Volker
Northern Illinois University Law Review
This review examines the recent book by Larry L. Palmer, Vice President for Academic Programs and Professor of Law at Cornell University. The book itself, an analysis of the interplay between law and medicine in light of contemporary advances in health care, offers a social, "institutional" approach for dealing with the problems presented by recent medical developments. According to Volker, Palmer's work makes great strides toward practical answers to some of the more pressing moral questions of our time.
Information, Privilege, Opportunity And Insider Trading, Robert W. Mcgee, Walter E. Block
Information, Privilege, Opportunity And Insider Trading, Robert W. Mcgee, Walter E. Block
Northern Illinois University Law Review
This commentary discusses the economic, ethical and legal aspects of insider trading. The nature of insider trading is explored and the issues are analyzed to determine what part, if any, government should play in the regulation of insider trading.