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Articles 1 - 30 of 46
Full-Text Articles in Law
Reckless Abandon: The Shadow Of Model Rule 8.4(G) And A Path Forward, Margaret Tarkington
Reckless Abandon: The Shadow Of Model Rule 8.4(G) And A Path Forward, Margaret Tarkington
St. John's Law Review
(Excerpt)
In August 2016, the American Bar Association’s (“ABA”) Board of Governors approved Model Rule of Professional Conduct (“MRPC”) 8.4(g) as a model for state adoption. The Rule makes it professional misconduct for a lawyer to engage in “harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status.” Curbing harassment and discrimination is a critically important goal. However, the actual Rule as promulgated reaches far beyond prohibiting sexual harassment and unlawful discrimination. Instead the comments to the Rule define discrimination and harassment broadly to prohibit speech …
Confidential Settlements For Professional Malpractice, Sande L. Buhai
Confidential Settlements For Professional Malpractice, Sande L. Buhai
St. John's Law Review
(Excerpt)
A lawyer representing a plaintiff in a professional malpractice case advises her client not to file a complaint with the state regulatory body—the state bar, the medical board, or some other pertinent body—until later. The lawyer explains that she can offer to settle the case more favorably, more quickly, and at lower cost if they promise that, as part of the settlement, defendant’s malfeasance will never be reported to the state regulatory body responsible for ensuring professional competence in the area. This tactic may allow the client to negotiate a larger settlement because the defendant should be willing to …
A Rebuttal To Kinsler's And To Anderson And Muller's Studies On The Purported Relationship Between Bar Passage Rates And Attorney Discipline, William Wesley Patton
A Rebuttal To Kinsler's And To Anderson And Muller's Studies On The Purported Relationship Between Bar Passage Rates And Attorney Discipline, William Wesley Patton
St. John's Law Review
(Excerpt)
Because of the escalating cost of legal education and the recent decline in bar passage rates among ABA approved law schools, some analysts have reasonably attempted to determine the social costs of legal education. Many have attempted to place the blame on segments of the legal education marketplace. The complicated relationships among the policies of providing more access to justice, increasing minority representation in the bar, and protecting the public from shoddy law practice have recently inflamed academic debate. In the rush for assessing blame, some analysts have published empirically flawed reports that have received a great deal of …
Is Bar Exam Failure A Harbinger Of Professional Discipline?, Jeffrey S. Kinsler
Is Bar Exam Failure A Harbinger Of Professional Discipline?, Jeffrey S. Kinsler
St. John's Law Review
(Excerpt)
This Article’s theses are premised on two suppositions. First, the primary causes of attorney discipline are nondiligence and incompetence. Similarly, the primary causes of bar exam failure are “poor study habits, weak academic skill development, or low intellectual functioning . . . .” Thus, it is reasonable to assume that lawyers who fail the bar exam are more likely to be disciplined as attorneys. Second, there is statistical and anecdotal evidence linking the failure of entrance exams and subsequent professional discipline in other occupations. It is plausible, therefore, that such a link exists in the legal profession.
A Human Rights Code Of Conduct: Ambitious Moral Aspiration For A Public Interest Law Office Or Law Clinic, Lauren E. Bartlett
A Human Rights Code Of Conduct: Ambitious Moral Aspiration For A Public Interest Law Office Or Law Clinic, Lauren E. Bartlett
St. John's Law Review
(Excerpt)
Part I of this Article argues that the lack of moral aspiration in legal ethics rules helps contribute to unhappy and unhealthy law students and lawyers, undermining the legal profession. Part II reviews the existing rules and standards that guide the ethical behavior of lawyers in the United States, arguing that all too often the binding rules focus on providing guide posts, signaling where behavior is unacceptable and disciplinary action is possible, instead of providing moral aspiration and options or next steps to describe what a lawyer should do to deal with an ethical dilemma.
Part III of this …
Combating Professional Error In Bankruptcy Analysis Through The Design And Use Of Decision Trees In Clinical Pedagogy, Timothy R. Tarvin
Combating Professional Error In Bankruptcy Analysis Through The Design And Use Of Decision Trees In Clinical Pedagogy, Timothy R. Tarvin
St. John's Law Review
(Excerpt)
This Article will address the positive impact of using the decision tree model in four parts. Part I will provide a historical overview of the evolution of legal education and the profession’s call for more experiential education, both generally and specifically, through clinical training and the use of technology. This Section will provide context and argue that the use of decision trees in the clinical setting is the natural culmination of the legal academy’s goals of teaching analytical skills, preparing graduates for practice, and incorporating new technology into the practice of law.
Part II will describe the legal malpractice …
The Changing Legal Landscape For Clergy, Arthur Gross Schaefer, Dan Van Bogaert
The Changing Legal Landscape For Clergy, Arthur Gross Schaefer, Dan Van Bogaert
The Catholic Lawyer
No abstract provided.
The Catholic's Role In The Legal Profession In Republican Government, Joseph C. Cascarelli
The Catholic's Role In The Legal Profession In Republican Government, Joseph C. Cascarelli
The Catholic Lawyer
No abstract provided.
Personal Values Within Our Profession, Gordon L. Gray
Personal Values Within Our Profession, Gordon L. Gray
The Catholic Lawyer
No abstract provided.
A Challenge To Lawyers, Robert F. Drinan, S.J.
A Challenge To Lawyers, Robert F. Drinan, S.J.
The Catholic Lawyer
No abstract provided.
Introductory Note: Personal Values And The Character Of The Lawyer, Joseph A. Morris, C.M., Ph.D
Introductory Note: Personal Values And The Character Of The Lawyer, Joseph A. Morris, C.M., Ph.D
The Catholic Lawyer
No abstract provided.
On Encouraging Lawyers To Serve The Poor, John F. Castellano
On Encouraging Lawyers To Serve The Poor, John F. Castellano
The Catholic Lawyer
No abstract provided.
On Religious Legal Ethics, Thomas L. Shaffer
On Religious Legal Ethics, Thomas L. Shaffer
The Catholic Lawyer
No abstract provided.
The House Of Lords And The Discontinuation Of Artificial Nutrition And Hydration: An Ethical Analysis Of The Tony Bland Case, Moira M. Mcqueen, James L. Walsh
The House Of Lords And The Discontinuation Of Artificial Nutrition And Hydration: An Ethical Analysis Of The Tony Bland Case, Moira M. Mcqueen, James L. Walsh
The Catholic Lawyer
No abstract provided.
Moral Issues And The Virtuous Judge: Reflections On The Nomination And Confirmation Of Supreme Court Justices, Robert J. Araujo, S.J.
Moral Issues And The Virtuous Judge: Reflections On The Nomination And Confirmation Of Supreme Court Justices, Robert J. Araujo, S.J.
The Catholic Lawyer
No abstract provided.
Ethics In The Everyday Practice Of Law, Rev. Thomas J. Paprocki
Ethics In The Everyday Practice Of Law, Rev. Thomas J. Paprocki
The Catholic Lawyer
No abstract provided.
Morals For Home, Morals For Office: The Double Ethical Life Of A Civil Littigator, Patricia L. Rizzo
Morals For Home, Morals For Office: The Double Ethical Life Of A Civil Littigator, Patricia L. Rizzo
The Catholic Lawyer
No abstract provided.
The Teleology Of Law: Responsible Citizenship And Discpleship, Robert J. Araujo, S.J.
The Teleology Of Law: Responsible Citizenship And Discpleship, Robert J. Araujo, S.J.
The Catholic Lawyer
No abstract provided.
The Ethical Foundations Of Judicial Decision-Making, Philip J. Grib, S.J.
The Ethical Foundations Of Judicial Decision-Making, Philip J. Grib, S.J.
The Catholic Lawyer
No abstract provided.
Personal Responsibility For Professional Actions, Simon Yeznig Balian
Personal Responsibility For Professional Actions, Simon Yeznig Balian
The Catholic Lawyer
No abstract provided.
Ethics And Law School Admission, Anthony J. Scanlon
Ethics And Law School Admission, Anthony J. Scanlon
The Catholic Lawyer
No abstract provided.
Legal Ethics Education And The Dynamics Of Reform, Elizabeth D. Gee
Legal Ethics Education And The Dynamics Of Reform, Elizabeth D. Gee
The Catholic Lawyer
No abstract provided.
Disclosure Versus Confidentiality, Richard D. Kuhn
Disclosure Versus Confidentiality, Richard D. Kuhn
The Catholic Lawyer
No abstract provided.
A Report On The Morals And Manners Of Advocates, Henry G. Miller
A Report On The Morals And Manners Of Advocates, Henry G. Miller
The Catholic Lawyer
No abstract provided.
Rediscovering Realism In Ethics, Rev. Ronald D. Lawler
Rediscovering Realism In Ethics, Rev. Ronald D. Lawler
The Catholic Lawyer
No abstract provided.
Confidentiality Of Chancery Documents, Patrick F. Geary
Confidentiality Of Chancery Documents, Patrick F. Geary
The Catholic Lawyer
No abstract provided.
Maintaining Competency Among Lawyers: How Far Have We Come?, Jerri D. Gilbreath
Maintaining Competency Among Lawyers: How Far Have We Come?, Jerri D. Gilbreath
The Catholic Lawyer
No abstract provided.
On The Ethics Of Lawyers, Peter J. Riga
The Corporate Attorney-Client Privilege In The Federal Courts, Allen A. Hans
The Corporate Attorney-Client Privilege In The Federal Courts, Allen A. Hans
The Catholic Lawyer
No abstract provided.
Toward A Theory Of The Political Defense, Isidore Silver
Toward A Theory Of The Political Defense, Isidore Silver
The Catholic Lawyer
No abstract provided.