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Full-Text Articles in Law
Public Requitals: Corrective, Retributive, And Distributive Justice, Bailey Kuklin
Public Requitals: Corrective, Retributive, And Distributive Justice, Bailey Kuklin
Cleveland State Law Review
The currently predominant view of public requitals for criminal behavior draws on the deontic guidance provided rather sketchily by Kant’s writings. He offers a broad, formal framework for the mandate to respect others and punish those who criminally violate the mandate. As ethical beings, people have the duty to avoid invading the "autonomy space" of others that is delineated by maxims designed to reasonably and fairly balance everyone’s equal liberty and security interests. Once society settles on a complete and coherent set of maxims that determines the reach of one’s autonomy space, it must then turn to maxims that address …
Legal Malpractice In A Changing Profession: The Role Of Contract Principles, Vincent R. Johnson
Legal Malpractice In A Changing Profession: The Role Of Contract Principles, Vincent R. Johnson
Cleveland State Law Review
In little more than four decades, the field of American legal ethics has been transformed from an unimportant backwater into a mighty river of legal principles that drives the practice of law in countless respects. Today, this complex matrix of substantive provisions and enforcement mechanisms ensures, to a great extent, that clients are protected from unnecessary harm, that lawyers are safeguarded from improper accusations, and that the provision of legal services is consistent with the public interest. However, the fabric of legal ethics is threatened by a looming transformation of the legal profession. That potential restructuring may revolutionize the delivery …
Towards A Reformed Conception Of Multidisciplinary Practice , George C. Nnona
Towards A Reformed Conception Of Multidisciplinary Practice , George C. Nnona
Cleveland State Law Review
Drawing out the deeper questions of pragmatism, professional autonomy, argues, contrary to the dominant academic opinion in the field, that the empirical underpinnings of multidisciplinary practice (MDP) are weak as are its theoretical justifications and overall compatibility with the policy imperatives of true professionalism. The Article is in a sense a response to the observation of the eminent scholar of the legal profession, Professor Charles Wolfram that, "shockingly little has been written in opposition to MDP." The Article critically examines and refutes the arguments deployed in support of MDP, a subject that has attracted much attention in recent times as …
Models And Games: The Difference Between Explanation And Understanding For Lawyers And Ethicists , Jeffrey M. Lipshaw
Models And Games: The Difference Between Explanation And Understanding For Lawyers And Ethicists , Jeffrey M. Lipshaw
Cleveland State Law Review
There is value for lawyers in thinking about constructs of rules as games on one hand, or models on the other. Games are real in a way models are not. Games have "thingness"--an independent reality-and they can be played. Models have "aboutness"-they map onto something else that is real for the sake of simplification and explanation. But models and games are not dichotomous as the preceding claim makes them out to be. Sometimes models look just like games, and sometimes games can serve as models. Because models look like games, we may come to believe they are real-that the models …
Gene Therapy: Legal And Ethical Issues For Pregnant Women , Angela Liang
Gene Therapy: Legal And Ethical Issues For Pregnant Women , Angela Liang
Cleveland State Law Review
The decision to undergo gene therapy in utero for the sake of a fetus should legally rest with the pregnant woman rather than the judiciary or the legislature. Part I of this article provides an overview of the current scope of gene therapy. Part II discusses previous court decisions that either granted or denied petitions for involuntary prenatal intervention. Part III analyzes three reasons why the courts should not impose gene therapy on pregnant women as the technology becomes available. First, a policy that mandates gene therapy would place an undue burden on pregnant women and violate the Equal Protection …
Lawyers, Learning, And Professionalism: Meditations On A Theme, Judith Welch Wegner
Lawyers, Learning, And Professionalism: Meditations On A Theme, Judith Welch Wegner
Cleveland State Law Review
This essay will offer three meditations on the theme of "lawyers, learning and professionalism." First, it lays a foundation by arguing that a commitment to learning is an appropriate and necessary professional value for lawyers. Next, it contends that lawyers need to take this professional value more seriously. It will suggest that lawyers lag behind other professions in learning about learning, and urge more lawyers deliberately do just that. Finally, the essay shares some important lessons about professionalism recently learned through learning experiments with practicing lawyers and law students.
Self-Inflicted Wounds: The Duty To Disclose Damaging Legal Authority, Angela Gilmore
Self-Inflicted Wounds: The Duty To Disclose Damaging Legal Authority, Angela Gilmore
Cleveland State Law Review
This article analyzes Rule 3.3(a)(3) and its implications for opposing parties in an adversarial legal system. The article's conclusion is that strict compliance with Rule 3.3(a)(3) by all members of the Bar is necessary to preserve the integrity of the legal system. Circumvention of the Rule is a disservice to the legal system. Part II explains Rule 3.3(a)(3) so that lawyers can grasp the ethical duty owed. Part III examines three roles simultaneously played by a lawyer: a representative of clients, an officer of the legal system, and a private citizen having a special responsibility for the quality of justice.7 …
Personal Values And Professional Ethics, Geoffrey C. Hazard Jr.
Personal Values And Professional Ethics, Geoffrey C. Hazard Jr.
Cleveland State Law Review
My purpose on this occasion is to urge reexamination of personal values as a fundamental resource of professional ethics. The essential point is that rules of ethics, such as those embodied in the profession's ethical codes, are insufficient guides to making the choices of action that a professional must make in practice. I will suggest that the same is true of professional tradition and conventional ways of practice. This is not to say that rules of ethics and traditions are irrelevant. Rules of professional ethics frame the ethical problems that are encountered in a lawyer's life throughout practice. Moreover, professional …
Love, Professional Responsibility, The Rule Of Law, And Clinical Legal Education, Steven H. Leleiko
Love, Professional Responsibility, The Rule Of Law, And Clinical Legal Education, Steven H. Leleiko
Cleveland State Law Review
The primary purpose of this article is to explore the tensions which arise in persons who come to law school because they view the practice of law as an expression of their love and concern for people. In examining the underlying causes of these tensions, six related factors will be looked at: (1) the relationship between the values of traditional legal education and the support or lack of support which these values afford to the affective characteristics of students; (2) the role of one's job as a means of expressing love; (3) the role of job satisfaction in one's life; …
Professional Responsibility Of A Law Teachers, Norman Redlich
Professional Responsibility Of A Law Teachers, Norman Redlich
Cleveland State Law Review
What are the essential ingredients of the proposed code of professional responsibility for the law teacher? First, the law teacher should take seriously the subject of ethics and professional responsibility. Second, law teachers should insist on students adhering to professional standards. Third, the essential quid pro quo for insisting on high professional standards on the part of the student is for the law teacher to demonstrate respect for students and for their time. Law teachers should respond to the views of the students with the courtesy and respect accorded to fellow professionals. Respect for one's faculty colleagues is an important …
Split Loyalty: An Ethical Problem For The Criminal Defense Lawyer, Gerald S. Gold
Split Loyalty: An Ethical Problem For The Criminal Defense Lawyer, Gerald S. Gold
Cleveland State Law Review
Nowhere in law do ethical considerations play a greater part or come into greater conflict than in the defense of those accused of crime. The lawyer defending an accused owes a duty to his client, a duty to society, and a duty to the court. The duties to each are not completely clear and when the various loyalties conflict, fair, safe, and moral resolutions are most difficult.
Newspaper Interference In Judicial Proceedings, John Vamis
Newspaper Interference In Judicial Proceedings, John Vamis
Cleveland State Law Review
Emphasis has been put on situations which appear to indicate that the press has been, at the very least, over-aggressive in its operations. As has been shown, considerable leeway is accorded the press in its activity, even where it conflicts with the fair administration of justice. Although the courts will enforce penalties for clear violation of the fair administration of justice, the facts must spell out a clear and imminent danger. As to the individual, there does not presently appear to beany clear provision of legal remedy for newspaper interference with individual rights, except in the civil or criminal libel …