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Full-Text Articles in Law
Drafting Attorneys As Fiduciaries: Fashioning An Optimal Ethical Rule For Conflicts Of Interest, Paula A. Monopoli
Drafting Attorneys As Fiduciaries: Fashioning An Optimal Ethical Rule For Conflicts Of Interest, Paula A. Monopoli
Paula A Monopoli
The American Bar Association recently revised the ethical rules that govern lawyers. Its Ethics 2000 Commission proposed a number of changes to the Model Rules of Professional Conduct, including revisions to the rules that affect how the profession handles conflicts of interest in the area of attorneys who draft instruments that name themselves as fiduciaries. The intersection of these changes, with their subsequent clarification by an ABA opinion issued in May 2002, has broad implications for attorneys practicing in this area. Given the increasing elderly population, the trillions of dollars that they are transferring to their baby-boomer children, and the …
Limited Scope Representation: An Experiment In San Diego Housing Court, Lisa Young
Limited Scope Representation: An Experiment In San Diego Housing Court, Lisa Young
Lisa Young
Limited Scope Representation: An Experiment in San Diego Housing Court Abstract By Lisa Young This paper analyses how limited scope representation effects the settlement agreements reached by litigants in San Diego Housing Court. Limited scope representation, also known as “unbundling,” is defined as a form of legal representation where the attorney only represents the client in one part of the client’s case. Limited Scope Representation is growing as a viable response to the significant lack of legal representation for middle- and low-income Americans. This paper is the first scholarship to test whether limited scope representation actually makes a substantive difference …
When The Criminal Client Intends To Commit Perjury, Grace M. Giesel
When The Criminal Client Intends To Commit Perjury, Grace M. Giesel
Grace M. Giesel
In the case of Brown v. Commonwealth, 226 S.W.3d 74 (Ky. 2007), the Kentucky Supreme Court has provided trial courts and lawyers, especially criminal lawyers, with some much needed ethical guidance. While the case itself was a criminal appeal, not an attorney discipline matter, the Court’s opinion provides insight into the ethical sticky wicket of the proper conduct of the lawyer for a criminal defendant when the defendant intends to commit perjury. Such a situation pits the constitutional rights of criminal defendants against the ethical duties of defense counsel to act with candor to the court.
Beneath The Surface: Metadata, Transparency And The Ethical Use Of Information, Michael Katz
Beneath The Surface: Metadata, Transparency And The Ethical Use Of Information, Michael Katz
Michael Katz
While the gains from the digital revolution are tremendous in terms of increased efficiency, access to information and searchability, the change in information format has caught some off guard. No longer is data limited to what is available on a piece of paper. Yet there is a price to pay for these gains. Where once a letter’s recipient could not see anything but what the sender openly presented in the letter, today that email, word processing document and spreadsheet all contain additional information not readily visible on their face. Beneath the surface, packed into the file, exists metadata - information …
Achieving Early And Substantial Greenhouse Gas Reductions Under A Post-Kyoto Agreement, John Dernbach
Achieving Early And Substantial Greenhouse Gas Reductions Under A Post-Kyoto Agreement, John Dernbach
John C. Dernbach
This article explains why policy makers should seriously consider substantial early reductions in greenhouse gas emissions as a part of any post-Kyoto framework, and sets out suggested elements of a framework for early action in a post-Kyoto agreement. Substantial early reductions are needed because of the growing urgency of the climate change science, the precautionary approach identified in the Framework Convention on Climate Change as a decision-making principle, the fact that cost-effective measures are now available, and the significant non-climate benefits (security, economic, social, and environmental) that can be achieved by implementing them. As a practical matter, too, long-term greenhouse …
Implementing Geographic Information Technologies Ethically, Harlan J. Onsrud
Implementing Geographic Information Technologies Ethically, Harlan J. Onsrud
Harlan J Onsrud
Spatial technologies are changing relations among citizens, between citizens and businesses, and between citizens and their governments. Profound implications regarding our relationships with each other are being raised by the expanding use of mobile, spatial, and context-aware technologies, the building of interoperable coordinated spatial data infrastructures and pervasive sensor-networks, the use of location as the foundation for many current and future business and scientific information systems, and the widespread enablement of individuals to gather their own spatial data, report it to others and generate their own spatial resources. How can we within the geospatial community better weave our way through …