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Full-Text Articles in Law

Mapping The World: Facts And Meaning In Adjudication And Mediation, Robert Rubinson Jan 2010

Mapping The World: Facts And Meaning In Adjudication And Mediation, Robert Rubinson

All Faculty Scholarship

This Article explores what is and what is not in adjudication and mediation, thus illuminating the profound differences between these two processes. The Article does this work in four parts. First, it offers an analysis of cognitive mapmaking and its inevitability in constructing meaning. It then explores how adjudication defines meaning in a particular way. This Article then conducts a comparable analysis of mediation. Finally, it focuses on the bridging function attorneys play between the worlds of mediation and adjudication.


The Disabled Lawyers Have Arrived; Have They Been Welcomed With Open Arms Into The Profession? An Empirical Study Of The Disabled Lawyer, Donald H. Stone Jan 2009

The Disabled Lawyers Have Arrived; Have They Been Welcomed With Open Arms Into The Profession? An Empirical Study Of The Disabled Lawyer, Donald H. Stone

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This Article proceeds in seven parts. Part I briefly outlines the ADA's position on reasonable accommodations. Part II addresses how law firms are reacting and responding to the fact that they employ lawyers with mood disorders, such as depression or bipolar disorder, attorneys with learning disabilities, and individuals with alcohol or drug addiction. What disabilities are most often represented? Are lawyers with disabilities apt to receive work modifications to accommodate their disability? Are attorneys with mental illness provided with less stressful case assignments? Are lawyers with substance use disorders and alcohol or drug addiction assigned co-counsel to monitor or ...


Betraying Truth: Ethics Abuse In Middle East Reporting, Kenneth Lasson Jan 2009

Betraying Truth: Ethics Abuse In Middle East Reporting, Kenneth Lasson

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This article presents a brief overview of press freedom under the First Amendment, attempts to create a working definition of media “objectivity,” examines various codes of professional ethics for journalists, and analyzes specific cases in which such standards have allegedly been abused or abandoned in Middle East reporting.


The Model Rules Of Professional Conduct And Serving The Non-Legal Needs Of Clients: Professional Regulation In A Time Of Change, Robert Rubinson Jan 2008

The Model Rules Of Professional Conduct And Serving The Non-Legal Needs Of Clients: Professional Regulation In A Time Of Change, Robert Rubinson

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The practice of law is changing. Lawyers who act solely as advocates and zealous representatives of clients in legal matters still represent the core of what lawyers do and of how many lawyers see their work, but other trends are filtering into "on the ground" practice. Increasing numbers of lawyers are mediating, consulting on traditionally non-legal issues, and approaching clients' needs "holistically" by associating with and integrating other professional services. These trends cut across virtually all segments of the profession, from prosecutors and criminal defense lawyers, to lawyers whose practices involve, among other things, public interest work, personal injury, family ...


Separate And Obedient: The Judicial Qualification Missing From The Job Description, J. Amy Dillard Jan 2007

Separate And Obedient: The Judicial Qualification Missing From The Job Description, J. Amy Dillard

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The national debate about the role of judges, their qualifications and ideologies consumes news coverage, as evidenced by the recent appointment hearings of Chief Justice John Roberts and Justice Samuel Alito and the aborted nomination of Harriet Miers. The American Bar Association is in the process of re-evaluating and updating its Model Code of Judicial Conduct. The poverty of the quality of the debate, with legislators on both sides of the aisle discussing a few political issues and largely ignoring issues of ethics and temperament, leaves the public with little helpful information about whether judicial candidates will abide by the ...


Objecting To Court Ordered Mediation, Jane C. Murphy Jan 2005

Objecting To Court Ordered Mediation, Jane C. Murphy

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Maryland judges have wide discretion to refer parties to mediate a variety of civil matters. Title 17 of the Maryland Rules, enacted in 1998, governs mediation of civil cases in the circuit courts. These rules are supplemented by Maryland Rule 9-205, which addresses mediation of child custody and visitation disputes. Although these rules define mediation and address mediator qualifications in some detail, they say very little about either a party's right to object to mediation or the court's authority to compel participation in mediation.

Given that the mediation rules are relatively new and mediation orders would generally be ...


Shape Up Or Ship Out: Accountability To Third Parties For Patent Ambiguities In Testamentary Documents, Angela M. Vallario Jan 2004

Shape Up Or Ship Out: Accountability To Third Parties For Patent Ambiguities In Testamentary Documents, Angela M. Vallario

All Faculty Scholarship

The attorney's preparation of a testamentary document (hereinafter sometimes referred to as a will or revocable trust) should clearly and accurately reflect the client's last wishes. Although these testamentary documents should reflect the client's intent, they often fall short of accomplishing that goal. There are numerous examples of will and trust construction cases that exhaust tremendous resources in an effort to ascertain the client's wishes or intent. Many of these cases involve the construction of patent and/or latent ambiguities which should have been resolved by appropriate drafting. This article's scope is limited to patent ...


Enron, Watergate And The Regulation Of The Legal Profession, Arnold Rochvarg Oct 2003

Enron, Watergate And The Regulation Of The Legal Profession, Arnold Rochvarg

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The most famous scandal of the twentieth century was the Watergate scandal, which most notably led to the resignation of Richard Nixon as President of the United States. The significance of Watergate, however, extends further than the resignation of Nixon. Because Watergate involved so many lawyers, it had a great impact on the regulation of the legal profession. Although the twenty-first century has just started, the strongest contender for this century's most famous scandal is the Enron scandal. Although the Enron scandal is identified mostly with misconduct by accountants and corporate officials, it too involved lawyers and has impacted ...


Estate Planning Malpractice: Is Strict Privity Here To Stay?, Angela M. Vallario Mar 2003

Estate Planning Malpractice: Is Strict Privity Here To Stay?, Angela M. Vallario

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Under Maryland case law, a plaintiff in an estate planning malpractice action must be in strict privity with the attorney who drafted the will. To date, Maryland has not extended the third-party beneficiary exception to the estate planning arena.

Legatees specifically identified in a will by name or class are generally precluded from bringing a cause of action against the attorney for the attorney's alleged negligence, because in Maryland in order to recover for legal malpractice, a plaintiff must:show: "(1) the attorney's employment; (2) his neglect of a reasonable duty; and (3) loss to the client proximately ...


Attorney Fact-Finding, Ethical Decision-Making And The Methodology Of Law, Robert Rubinson Oct 2001

Attorney Fact-Finding, Ethical Decision-Making And The Methodology Of Law, Robert Rubinson

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This Article explores the significance, challenges, and complexities of attorney fact-finding in ethical decision-making. Almost all discourse about legal ethics, from the pedagogical to the scholarly to the practical, takes facts for granted in order to focus on issues about ethical rules. The factual dimension of ethical decision-making, however, is critical to the decision-making process and can be subjected to rigorous and systematic study. Indeed, it is lawyers in a situation who engage in ethical decision-making, and such a situation entails the assimilation and interpretation of many sources of information. Such a process necessarily includes the motivations and ambivalence of ...


The Judiciary In The United States: A Search For Fairness, Independence And Competence, Stephen J. Shapiro Apr 2001

The Judiciary In The United States: A Search For Fairness, Independence And Competence, Stephen J. Shapiro

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Alexander Hamilton referred to the judiciary as “the least dangerous branch” because it could neither make nor enforce the law without help from the other two branches of government. In the years since then, however, courts and judges in the United States have assumed a much more prominent role in society. American judges preside over criminal trials and sentence those convicted, decide all kinds of civil disputes, both large and small, and make important decisions involving families, such as child custody. They have also become the primary guarantors of the civil and constitutional rights of American citizens.

The case of ...


Annotating The News: Mitigating The Effects Of Media Convergence And Consolidation, Eric Easton Oct 2000

Annotating The News: Mitigating The Effects Of Media Convergence And Consolidation, Eric Easton

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This essay is a personal inquiry into the nature of media technology, law, and ethics in an era marked by the convergence of media that have been largely separate-print, broadcast, cable, satellite, and the Internet-and by the consolidation of ownership in all of these media. What inventions, practices, and norms must emerge to enable us to take advantage of this vast new information-based world, while preserving such important professional values as diversity, objectivity, reliability, and independence?

The right to know belongs not only to individuals, but to the public at large, it can (or, perhaps, must) be vindicated by government ...


A Teacher's Trouble: Risk, Responsibility And Rebellion, Margaret Martin Barry, Lisa Lerman, Homer La Rue, Odeana R. Neal Jan 1995

A Teacher's Trouble: Risk, Responsibility And Rebellion, Margaret Martin Barry, Lisa Lerman, Homer La Rue, Odeana R. Neal

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What follows is an edited transcript of a session at the 1995 Annual Meeting of the Association of American Law Schools, held in New Orleans, Louisiana, January 7, 1995. The meeting was a joint plenary session of the AALS Section on Professional Responsibility and the Section on Clinical Legal Education. The meeting was planned and the role plays were written by Professors Margaret Martin Barry and Lisa Lerman of The Catholic University of America and Professor Homer La Rue of Howard University.

The purpose of the program was to foster interaction among teachers of professional responsibility and clinical teachers about ...


The Public Interest And The Unconstitutionality Of Private Prosecutors, John Bessler Jan 1994

The Public Interest And The Unconstitutionality Of Private Prosecutors, John Bessler

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This article discusses the history of private and public prosecution in the United States, including standards governing prosecutorial ethics. It argues that the use of private prosecutors is unethical and violative of defendants' constitutional rights. In particular, the article asserts that the use of such prosecutors violates due process principles and creates, at the very least, an unacceptable appearance of impropriety. The article contends that the public's interest in not having its members erroneously charged or convicted in the criminal process outweighs an interested party's right to retain a private prosecutor as set forth in some state laws ...


Comments: The Ethics Involved In Representing Multiple Parties In A Business Transaction: How To Avoid Being Caught Between Scylla And Charybdis' Within The Confines Of The Maryland Disciplinary Rules, Gretchen L. Jankowski Jan 1993

Comments: The Ethics Involved In Representing Multiple Parties In A Business Transaction: How To Avoid Being Caught Between Scylla And Charybdis' Within The Confines Of The Maryland Disciplinary Rules, Gretchen L. Jankowski

University of Baltimore Law Review

No abstract provided.


Notes: Professional Responsibility — Court Orders Indefinite Suspension Rather Than Disbarment As Sanction For Lawyer Who Misappropriated Client Funds In Escrow Account. Attorney Grievance Commission V. Bakas, 323 Md. 395, 593 A.2d 1087 (1991), Wendy A. Lassen Jan 1993

Notes: Professional Responsibility — Court Orders Indefinite Suspension Rather Than Disbarment As Sanction For Lawyer Who Misappropriated Client Funds In Escrow Account. Attorney Grievance Commission V. Bakas, 323 Md. 395, 593 A.2d 1087 (1991), Wendy A. Lassen

University of Baltimore Law Review

No abstract provided.


Casenotes: Attorney Malpractice — Under Third Party Beneficiary Theory, Nonclient Can Sue Attorney For Negligent Misrepresentation Without Proof Of Privity Of Contract. Flaherty V. Weinberg, 303 Md. 116, 492 A.2d 618 (1985), Courtney Blair Michel Jan 1987

Casenotes: Attorney Malpractice — Under Third Party Beneficiary Theory, Nonclient Can Sue Attorney For Negligent Misrepresentation Without Proof Of Privity Of Contract. Flaherty V. Weinberg, 303 Md. 116, 492 A.2d 618 (1985), Courtney Blair Michel

University of Baltimore Law Review

No abstract provided.


Casenotes: Attorney Conduct — A Defense Attorney Who Follows Aba Standards When His Client Manifests An Intent To Commit Perjury Is Not Jeopardizing The Client's Right To Effective Assistance Of Counsel. Nix V. Whiteside, 475 U.S. 157 (1986), John M. Seeberger Jan 1987

Casenotes: Attorney Conduct — A Defense Attorney Who Follows Aba Standards When His Client Manifests An Intent To Commit Perjury Is Not Jeopardizing The Client's Right To Effective Assistance Of Counsel. Nix V. Whiteside, 475 U.S. 157 (1986), John M. Seeberger

University of Baltimore Law Review

No abstract provided.


Comments: Forfeiture Of Attorneys' Fees Under The Comprehensive Forfeiture Act Of 1984: Not What Congress Ordered, Daniel A. Guy Jr. Jan 1986

Comments: Forfeiture Of Attorneys' Fees Under The Comprehensive Forfeiture Act Of 1984: Not What Congress Ordered, Daniel A. Guy Jr.

University of Baltimore Law Review

In 1984 Congress amended the criminal forfeiture provisions of the RICO and CCE statutes. The Department of Justice has interpreted the amended laws to allow for the restraint and forfeiture of assets transferred by a defendant to defense counsel as compensation for legitimate legal services. This comment explores the legislative history of the amendments, as well as the constitutional and ethical concerns which arise under the Department's interpretation, to conclude that Congress did not intend bona fide attorneys' fees to be subject to the forfeiture provisions of the RICO and CCE statutes.


University Of Baltimore Law Forum Volume 14 Number 2 (Spring 1984) Front Matter Jan 1984

University Of Baltimore Law Forum Volume 14 Number 2 (Spring 1984) Front Matter

University of Baltimore Law Forum

No abstract provided.


The A.B.A. Model Rules Of Professional Conduct, M. Peter Moser Jan 1984

The A.B.A. Model Rules Of Professional Conduct, M. Peter Moser

University of Baltimore Law Forum

No abstract provided.


University Of Baltimore Law Forum Volume 14 Number 1 (Fall 1983) Front Matter Jan 1983

University Of Baltimore Law Forum Volume 14 Number 1 (Fall 1983) Front Matter

University of Baltimore Law Forum

No abstract provided.


The Attorney Grievance Commission: Its Purpose And Objective, Melvin Hirshman Jan 1983

The Attorney Grievance Commission: Its Purpose And Objective, Melvin Hirshman

University of Baltimore Law Forum

No abstract provided.


Attorney Compensation In Bankruptcy: The Ethical Obligation, Kimberly S. Armstrong Jan 1983

Attorney Compensation In Bankruptcy: The Ethical Obligation, Kimberly S. Armstrong

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Interspousal Tort Immunity, Karen L. Sussman Jan 1983

Recent Developments: Interspousal Tort Immunity, Karen L. Sussman

University of Baltimore Law Forum

No abstract provided.


The Professional Responsibility Of Teachers Of Professional Responsibility, Thomas L. Shaffer Jan 1983

The Professional Responsibility Of Teachers Of Professional Responsibility, Thomas L. Shaffer

University of Baltimore Law Forum

No abstract provided.


Point/Counterpoint: Lawyer Advertising - We Will Hand You No Line Before Its Time, John A. Lynch Jr. Jan 1983

Point/Counterpoint: Lawyer Advertising - We Will Hand You No Line Before Its Time, John A. Lynch Jr.

University of Baltimore Law Forum

No abstract provided.