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Articles 1 - 22 of 22
Full-Text Articles in Law
Putting Watergate Behind Us: Salinas, Sun-Diamond, And Two Views Of The Anticorruption Model, George D. Brown
Putting Watergate Behind Us: Salinas, Sun-Diamond, And Two Views Of The Anticorruption Model, George D. Brown
George D. Brown
A central question in the ongoing debate over the future of the American political system is how to deal with public corruption. This Article first examines the dominant theme of the last thirty years: a relatively hard-line approach that Professor Brown refers to as the post-watergate concensus. In recent years, however, this approach has been subject to growing criminalization of government ethics; Professor Brown then turns to what can be viewed as the counterrevolutionary critique. Against this background, he considers the United States Supreme Court's contribution to the debate. Starting with the recent Sun-Diamond and Salinas cases, and drawing from …
Acting "A Very Moral Type Of God": Triage Among Poor Clients, Paul R. Tremblay
Acting "A Very Moral Type Of God": Triage Among Poor Clients, Paul R. Tremblay
Paul R. Tremblay
No abstract provided.
Toward An Ecclesiastical Professional Ethic: Lessons From The Legal Profession, Daniel R. Coquillette, Judith A. Mcmorrow
Toward An Ecclesiastical Professional Ethic: Lessons From The Legal Profession, Daniel R. Coquillette, Judith A. Mcmorrow
Judith A. McMorrow
As the Catholic Church struggles with the aftermath of the clergy sexual abuse crisis, some have explored the possibility of an ecclesiastical code of professional conduct. Lawyers' long and storied history with professional codes offers a cautionary tale to those exploring an ecclesiastical code of ethics. As priests to our secular religion of law, lawyers are called forth and mandated by a competent authority to function in a defined role, the specifics of which are reflected, in part, in lawyer codes. As lawyers moved from Canons of Ethics (1908) to a Code of Professional Responsibility (1969) to Rules of Professional …
Toward An Ecclesiastical Professional Ethic: Lessons From The Legal Profession, Daniel R. Coquillette, Judith A. Mcmorrow
Toward An Ecclesiastical Professional Ethic: Lessons From The Legal Profession, Daniel R. Coquillette, Judith A. Mcmorrow
Daniel R. Coquillette
As the Catholic Church struggles with the aftermath of the clergy sexual abuse crisis, some have explored the possibility of an ecclesiastical code of professional conduct. Lawyers' long and storied history with professional codes offers a cautionary tale to those exploring an ecclesiastical code of ethics. As priests to our secular religion of law, lawyers are called forth and mandated by a competent authority to function in a defined role, the specifics of which are reflected, in part, in lawyer codes. As lawyers moved from Canons of Ethics (1908) to a Code of Professional Responsibility (1969) to Rules of Professional …
The Practical Soul Of Business Ethics: The Corporate Manager's Dilemma And The Social Teaching Of The Catholic Church, Leo L. Clarke, Bruce P. Frohnen, Edward C. Lyons
The Practical Soul Of Business Ethics: The Corporate Manager's Dilemma And The Social Teaching Of The Catholic Church, Leo L. Clarke, Bruce P. Frohnen, Edward C. Lyons
Edward C. Lyons
This Article focuses on and attempts to dispel an overly narrow view of the moral responsibilities of corporations and their managers. Many businessmen and lawyers, relying on prevailing approaches to business ethics, labor under the misperception that the moral ladder in the business world has only one rung: "Be honest." Americans, however, should, can and do expect more from the managers of our large corporations, and virtually every Fortune 100 company publicly espouses a "social responsibility" far exceeding mere honesty. Further, as is demonstrated, American jurisprudence is consistent with those expectations. This Article's thesis is that Catholic Social Teaching provides …
.Compelling Orthodoxy: Myth And Mystique In The Marketing Of Legal Education, Kenneth Lasson
.Compelling Orthodoxy: Myth And Mystique In The Marketing Of Legal Education, Kenneth Lasson
Kenneth Lasson
Abstract In many ways the story of modern legal education reads like a grim fairy tale, whose moral dénouement is no less compelling and perhaps more consequential than its fabulist forbears. Today's law schools are preoccupied with their reputations -- as much a survival instinct as anything else. The competition for bright students and talented faculty is more intense than ever, and marketing has increasingly come to be treated as a consideration at least as important as the actual academic enterprise. Thus do administrators seek to adopt a strategic identity plans – “building the brand” in the common parlance of …
Ethical Issues In Business And The Lawyer's Role, Robert J. Rhee, Carol Morgan, Tamar Frankel, Mark Fagan
Ethical Issues In Business And The Lawyer's Role, Robert J. Rhee, Carol Morgan, Tamar Frankel, Mark Fagan
Robert Rhee
No abstract provided.
The Emperor Gideon Has No Clothes: The Empty Promise Of The Constitutional Right Of Effective Assistance Of Counsel, Richard Klein
The Emperor Gideon Has No Clothes: The Empty Promise Of The Constitutional Right Of Effective Assistance Of Counsel, Richard Klein
Richard Daniel Klein
No abstract provided.
Introductory Note: Symposium On Lawyering And Personal Values – Responding To The Problems Of Ethical Schizophrenia, Samuel J. Levine
Introductory Note: Symposium On Lawyering And Personal Values – Responding To The Problems Of Ethical Schizophrenia, Samuel J. Levine
Samuel J. Levine
In recent years, legal practitioners and scholars alike have identified a growing crisis in the legal profession. Increasingly, lawyers feel dissatisfied with the roles they are expected to play and the conduct demanded of them. In particular, many lawyers see a widening gap between their personal values and those employed in legal practice. In response to the dichotomy between personal and professional values, some lawyers attempt to develop a corresponding dichotomy in their personalities, separating the “professional self” from the “personal self.” Such a response, however, may lead to a kind of “ethical schizophrenia,” a condition in which an individual …
A Look At American Legal Practice Through A Perspective Of Jewish Law, Ethics, And Tradition: A Conceptual Overview, Samuel J. Levine
A Look At American Legal Practice Through A Perspective Of Jewish Law, Ethics, And Tradition: A Conceptual Overview, Samuel J. Levine
Samuel J. Levine
Levine examines the roles of legislative and judicial bodies, in the context of a discussion of broader principles of legislation in the Jewish legal system. In recent years, American legal scholars have increasingly looked to Jewish law as a model of an alternative legal system that considers many of the issues present in the American legal system. In relation to the roles of legislative and judicial bodies, the Jewish legal system provides a particularly illuminating contrast to the American legal system, in part because in Jewish law, the same authority, the Sanhedrin, or High Court, serves in both a legislative …
Legal Services Lawyers And The Influence Of Third Parties On The Lawyer-Client Relationship: Some Thoughts From Scholars, Practitioners, And Courts, Samuel J. Levine
Legal Services Lawyers And The Influence Of Third Parties On The Lawyer-Client Relationship: Some Thoughts From Scholars, Practitioners, And Courts, Samuel J. Levine
Samuel J. Levine
Among the challenges facing the lawyer who renders legal services to clients with limited means are ethical and professional questions relating to the influence of third parties on the lawyer-client relationship. Although all lawyers may potentially face ethical dilemmas involving third parties, legal services lawyers are particularly vulnerable to such issues because, unlike most lawyers, legal services lawyers generally rely on the financial support of someone other than their client. These challenges may take many forms, affecting a variety of ethical and professional considerations. Levine examines a number of areas in which bar association committees, scholars, and courts have addressed …
Professionalism Without Parochialism: Julius Henry Cohen, Rabbi Nachman Of Breslov, And The Stories Of Two Sons, Samuel J. Levine
Professionalism Without Parochialism: Julius Henry Cohen, Rabbi Nachman Of Breslov, And The Stories Of Two Sons, Samuel J. Levine
Samuel J. Levine
Professor Levine addresses the question of whether the practice of law a business or a profession and looks at sources where practitioners might draw inspiration for ethical behaviors. He examines two works: a 1916 book by Julius Henry Cohen - The Law: Business or Profession?; and a tale by Chasidic master Rabbi Nachman of Breslov. Both works tell the story of two sons from two different fathers with different ethical natures that manifest in their different choices of and approaches to their careers. Professor Levine uses these two parables to suggest that a more inclusive question than those posed above: …
Taking Prosecutorial Ethics Seriously: A Consideration Of The Prosecutor's Ethical Obligation To Seek Justice In A Comparative Analytical Framework, Samuel J. Levine
Taking Prosecutorial Ethics Seriously: A Consideration Of The Prosecutor's Ethical Obligation To Seek Justice In A Comparative Analytical Framework, Samuel J. Levine
Samuel J. Levine
This article examines the complex nature of the prosecutor's broad obligation to seek justice through a consideration of the similarly broad directive in Jewish law requiring that "in all [of] your ways acknowledge [God]." While many have critiqued the broad directives governing a prosecutor's ethical duties, through this comparative analytical framework it can be seen that the prosecutor's broad ethical directive to seek justice serves as a workable and appropriate standard for prosecutorial ethics. In many ways, a prosecutor faces an ethical obligation unlike other attorneys. Ethical obligations require that a prosecutor forgo conduct that would increase the likelihood of …
Ethics, The Legacy Of The Reverend Doctor Martin Luther King, Jr., And The Movement Toward Environmental Justice, Beverly Mcqueary Smith
Ethics, The Legacy Of The Reverend Doctor Martin Luther King, Jr., And The Movement Toward Environmental Justice, Beverly Mcqueary Smith
Beverly McQueary Smith
No abstract provided.
Opening Pandora’S Box: An Empirical Exploration Of Judicial Settlement, Peter Robinson
Opening Pandora’S Box: An Empirical Exploration Of Judicial Settlement, Peter Robinson
Peter R. Robinson
The article is an empirical study of, among other things, what judges do when they are facilitating a settlement and they believe the outcome is substantially different from what they believe would be the usual range of outcomes at trial. The topic is important because many authors have expressed concern about the blurring of the judicial roles of settlement facilitator and decision maker. it documents that judges are largely unconcerned, which raises many policy questions.
Another piece of good news is that this is the fourth in a series of law review articles and is empirically based. A literature review …
Hard Lessons: The Role Of Law Schools In Addressing Prosecutorial Misconduct, Lara Bazelon
Hard Lessons: The Role Of Law Schools In Addressing Prosecutorial Misconduct, Lara Bazelon
Lara A. Bazelon
This Article approaches prosecutorial misconduct from a pedagogical perspective by exploring the ways in which law school clinicians can teach their students how to confront the problem proactively and in-the-moment, with an eye toward reducing its rate of occurrence and blunting its corrosive effect. Prosecutorial misconduct is a serious problem that strikes at the heart of a criminal defendant’s constitutional right to a fair trial. More broadly, it has the potential to impact the integrity of the criminal justice system as a whole. Educating law school students in criminal clinics about this issue before they become prosecutors and criminal defense …
Reflections On The Practice Of Law As A Religious Calling, From A Perspective Of Jewish Law And Ethics, Samuel J. Levine
Reflections On The Practice Of Law As A Religious Calling, From A Perspective Of Jewish Law And Ethics, Samuel J. Levine
Samuel J. Levine
This Essay is based on introductory remarks Levine delivered at the inaugural conference of the Pepperdine Institute on Law, Religion, and Ethics, "Can the Ordinary Practice of Law be a Religious Calling?," held on February 6-7, 2004 at Pepperdine University School of Law. In thinking about the practice of law as a religious calling, Levine argues that we should first consider the broader issue of the general relevance of religion to various areas of life, including work. From a perspective of Jewish law and ethics, moral conduct comprises an imperative at home and at the workplace no less than at …
Legal Services Lawyers And The Influence Of Third Parties On The Lawyer-Client Relationship: Some Thoughts From Scholars, Practitioners, And Courts, Samuel J. Levine
Legal Services Lawyers And The Influence Of Third Parties On The Lawyer-Client Relationship: Some Thoughts From Scholars, Practitioners, And Courts, Samuel J. Levine
Samuel J. Levine
Among the challenges facing the lawyer who renders legal services to clients with limited means are ethical and professional questions relating to the influence of third parties on the lawyer-client relationship. Although all lawyers may potentially face ethical dilemmas involving third parties, legal services lawyers are particularly vulnerable to such issues because, unlike most lawyers, legal services lawyers generally rely on the financial support of someone other than their client. These challenges may take many forms, affecting a variety of ethical and professional considerations. Levine examines a number of areas in which bar association committees, scholars, and courts have addressed …
The Coming Extinction Of Homo Economicus And The Eclipse Of The Chicago School Of Antitrust: Applying Evolutionary Biology To Structural And Behavioral Antitrust Analyses, Thomas J. Horton
Thomas J. Horton
Social Media Policies For Professional Communicators, Daxton R. Stewart
Social Media Policies For Professional Communicators, Daxton R. Stewart
Daxton "Chip" Stewart
As social media tools such as Facebook, Twitter and YouTube have become increasingly prevalent ways for people to share and connect, professional communicators have increasingly incorporated these tools into their daily practice. However, journalism, advertising and public relations practitioners have little formal guidance to help them navigate the benefits and risks of using these tools professionally. The codes of ethics of their professional fields have not been updated, and to date, social media policies have not been examined from an academic perspective. This study reviews 26 social media policies of journalism and strategic communication companies to find common themes and …
Exploring Ethical Issues And Examples By Using Sport, Adam Epstein, Bridget Niland
Exploring Ethical Issues And Examples By Using Sport, Adam Epstein, Bridget Niland
Adam Epstein
The purpose of the paper is to offer suggestions to engage your students when arriving at the ethics portion of your business law, legal environment, or sports law course. With due respect given to the classic theory of ethics, the paper offers ethical issues in the context of sport at all levels, including youth sport, interscholastic, intercollegiate, professional and the Olympic Games. Unique topics include sport-related fraud, the use of performance-enhancing drugs and technology, raging parents, running up the score, and whether the myriad of NCAA bylaws genuinely reflect and promote fundamental principles of amateurism, sportsmanship, and education.
Disapproving Dishonesty: The Florida Supreme Court's Increased Intolerance For Lawyers' Fraud And Misrepresentations In Personal Business, Daniel J. Cohn
Disapproving Dishonesty: The Florida Supreme Court's Increased Intolerance For Lawyers' Fraud And Misrepresentations In Personal Business, Daniel J. Cohn
Daniel J. Cohn
No abstract provided.