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Full-Text Articles in Law
Disciplinary Regulation Of Prosecutorial Discretion: What Would A Rule Look Like?, Samuel J. Levine
Disciplinary Regulation Of Prosecutorial Discretion: What Would A Rule Look Like?, Samuel J. Levine
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This Essay is the third part of a larger project examining the potential role of professional discipline in the regulation and supervision of prosecutors’ charging decisions. The first two parts of the project argued that courts have both the authority and the ability to exercise effective disciplinary review of charging decisions through the adoption of ethics rules and their enforcement in the disciplinary process. This Essay takes the next step in the project, considering the nature of rules that courts might adopt, by exploring potential rules targeting two improprieties: arbitrary and capricious charging decisions, and discriminatory charging decisions.
The Law And The “Spirit Of The Law” In Legal Ethics, Samuel J. Levine
The Law And The “Spirit Of The Law” In Legal Ethics, Samuel J. Levine
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This article aims to explore the notion of the lawyer’s ethical responsibility to go “beyond” the letter of the law and to comply with the “spirit” or “purpose” of the law. The article suggests that, notwithstanding its promotion of admirable principles and goals, a spirit of the law model may prove inconsistent with basic legal and ethical obligations of lawyers. The lawyer’s duties as fiduciary, as agent, and as zealous advocate, responsible for representing the best interests of the client, preclude the lawyer from focusing on the spirit and purpose of the law rather than on the aims of the …
Designing A Solo And Small Practice Curriculum, Meredith R. Miller
Designing A Solo And Small Practice Curriculum, Meredith R. Miller
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There is a reality commonly ignored by the curriculum in most law schools: the largest segment of law graduates will eventually be solo or small firm practitioners. Even before the Great Recession, nearly two thirds of lawyers in the United States practiced in solo or small firms. Since 2008, trends show an increase in the number of recent law graduates that “hang a shingle.” According to a 2012 report of the American Bar Association, about three-quarters of lawyers in the United States work in private practice. Of those attorneys, about seventy percent are in solo or small firms. Many find …
Relationships, The Rules Of Professional Conduct And Land Use: Ethical Quagmires For Land Use Attorneys, Patricia E. Salkin
Relationships, The Rules Of Professional Conduct And Land Use: Ethical Quagmires For Land Use Attorneys, Patricia E. Salkin
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This article begins to fill the void by introducing the application of the various Rules of Professional Conduct, as adopted by the specific opining jurisdiction, through a review of the relevant reported opinions of the various committees and sometimes courts, in the land use context. Part I discusses the challenges that arise for lawyers vis-à-vis their clients in the land use context. This is followed by a discussion in Part II of the ethics and professionalism issues that confront lawyers who serve on local boards.
Why Not A Justice School? On The Role Of Justice In Legal Education And The Construction Of A Pedagogy Of Justice, Peter L. Davis
Why Not A Justice School? On The Role Of Justice In Legal Education And The Construction Of A Pedagogy Of Justice, Peter L. Davis
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Why are law schools not named schools of justice, or, at least, schools of law and justice? Of course, virtually every law school will reply that this is nit-picking; all claim to be devoted to the study of justice. But our concern is not so easily dismissed. The names of institutions carry great significance; they deliver a political, social, or economic message. . . This Article contends that not only do law schools virtually ignore justice – a concept that is supposed to be the goal of all legal systems – they go so far as to denigrate it and …
Exceptions, Lawrence Raful
Commitment And Responsibility: Modeling And Teaching Professionalism Pervasively, Marjorie A. Silver
Commitment And Responsibility: Modeling And Teaching Professionalism Pervasively, Marjorie A. Silver
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No abstract provided.
Stress, Burnout, Vicarious Trauma, And Other Emotional Realities In The Lawyer/Client Relationship (Symposium: Lawyering And Its Discontents: Reclaiming Meaning In The Practice Of Law), Marjorie A. Silver, Sanford Portnoy, Jean Koh Peters
Stress, Burnout, Vicarious Trauma, And Other Emotional Realities In The Lawyer/Client Relationship (Symposium: Lawyering And Its Discontents: Reclaiming Meaning In The Practice Of Law), Marjorie A. Silver, Sanford Portnoy, Jean Koh Peters
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No abstract provided.
Taking Ethical Discretion Seriously: Ethical Deliberation As Ethical Obligation, Samuel J. Levine
Taking Ethical Discretion Seriously: Ethical Deliberation As Ethical Obligation, Samuel J. Levine
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This Article builds on and responds to the work of a number of leading ethics scholars who have offered alternatives to the prevailing model of legal ethics. Specifically, the Article proposes a "Deliberative Model," which posits that the lawyer's professional responsibility carries with it a duty on the individual lawyer to exercise discretion through consideration of the relevant ethical issues. Thus, the Article takes seriously the principle of ethical discretion, respecting the role of individual ethical decision-making but requiring that such decision-making be carried out through a justifiable process of ethical deliberation.
Legal Malpractice, Professional Discipline, And Representation Of The Indigent Defendant, Richard Klein
Legal Malpractice, Professional Discipline, And Representation Of The Indigent Defendant, Richard Klein
Scholarly Works
No abstract provided.