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Articles 1 - 20 of 20
Full-Text Articles in Law
Theorizing Agency, Susan Carle
Theorizing Agency, Susan Carle
American University Law Review
Progressive legal scholars today exhibit contrasting views on the scope of legal actors' agency in making "choices" about how to lead their lives. Feminist legal scholar Joan C. Williams, for example, challenges claims that women who leave the paid workforce to stay home with children have made a voluntary choice to take this path. Critical race scholar Ian Haney López, on the other hand, argues that the social construction of racial identity occurs precisely through the many voluntary choices members of both subordinated and dominant racial groups make about matters that implicate racial meanings. Williams contests the idea of voluntary …
Law's Ambition And The Reconstruction Of Role Morality In Canada, David M. Tanovich
Law's Ambition And The Reconstruction Of Role Morality In Canada, David M. Tanovich
Dalhousie Law Journal
There is a growing disconnect and alienation between lawyers and the legal profession in Canada. One cause, which is the focus ofthe article, is philosophical in nature. There appears to be a disconnect between the role lawyers want to pursue (i.e., a facilitator of justice) and the role that they perceive the profession demands they play (i.e., a hired gun). The article argues that this perception is a mistaken one. Over the last fifteen years, we have been engaged in a process of role morality reconstruction. Under this reconstructed institutional role, an ethic of client-centred zealous advocacy has slowly begun …
Can A Good Judge Be A Good Politician - Judicial Elections From A Virtue Ethics Approach, Marie A. Failinger
Can A Good Judge Be A Good Politician - Judicial Elections From A Virtue Ethics Approach, Marie A. Failinger
Missouri Law Review
In this Article, I argue that direct judicial elections, at least to the extent that they mimic other general elections, are not the wisest course for selecting judges, though not precisely for the usual reasons cited by commentatorse.g., that lawyers are in a better position to evaluate the merits of judicial candidates than the public because they are less likely to be swayed by singleissue politics or irrelevant matters.8 In fact, it seems to me that both the perspectives of the practicing bar and the public are necessary to hold judges accountable. For example, a lawyer may be in a …
Facing Ethical Issues With Law Students In An Adversary Context, Marjorie L. Girth
Facing Ethical Issues With Law Students In An Adversary Context, Marjorie L. Girth
Georgia State University Law Review
No abstract provided.
Ethics, Science, And The Law Of Capital Punishment, Fredrick R. Bieber
Ethics, Science, And The Law Of Capital Punishment, Fredrick R. Bieber
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
Old Legacies And New Paradigms: Confusing "Research" And "Treatment" And Its Consequences In Responding To Emergent Health Threats, Gail H. Javitt
Old Legacies And New Paradigms: Confusing "Research" And "Treatment" And Its Consequences In Responding To Emergent Health Threats, Gail H. Javitt
Journal of Health Care Law and Policy
No abstract provided.
Introduction: The Post-Enron Identity Crisis Of The Business Lawyer, William H. Simon
Introduction: The Post-Enron Identity Crisis Of The Business Lawyer, William H. Simon
Fordham Law Review
No abstract provided.
Occupation Code 541110: Lawyers, Self Regulation, And The Idea Of A Profession, Jonathan Macey
Occupation Code 541110: Lawyers, Self Regulation, And The Idea Of A Profession, Jonathan Macey
Fordham Law Review
No abstract provided.
The Banality Of Fraud: Re-Situating The Inside Counsel As Gatekeeper, Sung Hui Kim
The Banality Of Fraud: Re-Situating The Inside Counsel As Gatekeeper, Sung Hui Kim
Fordham Law Review
No abstract provided.
From Club To Market: The Evolving Role Of Business Lawyers, Geoffrey Miller
From Club To Market: The Evolving Role Of Business Lawyers, Geoffrey Miller
Fordham Law Review
No abstract provided.
Teaching Enron, Milton C. Regan, Jr.
Resistances To Reforming Corporate Governance: The Diffusion Of Qlccs, Robert Eli Rosen
Resistances To Reforming Corporate Governance: The Diffusion Of Qlccs, Robert Eli Rosen
Fordham Law Review
No abstract provided.
A Model Of Time-Inconsistent Misconduct: The Case Of Lawyer Misconduct, Manuel A. Utset
A Model Of Time-Inconsistent Misconduct: The Case Of Lawyer Misconduct, Manuel A. Utset
Fordham Law Review
No abstract provided.
The Discrete Roles Of General Counsel, Deborah A. Demott
The Discrete Roles Of General Counsel, Deborah A. Demott
Fordham Law Review
No abstract provided.
Legal Education After Law School: Lessons From Scotland And Englan, Clark D. Cunningham
Legal Education After Law School: Lessons From Scotland And Englan, Clark D. Cunningham
Fordham Urban Law Journal
This Article addresses the issue of the needed collaboration between law schools and law firms about legal education after law school. The author proposes pilot projects be launched to increase collaboration between legal academics and law firms in the provision of legal education after law school. The Article suggests that the programs emulate the close partnerships that exist between the legal academy and legal profession in England and Scotland. The Article acknowledges why the training of lawyers is different now than in the past. The author compares the American law firm training programs with the post school education that takes …
Profits And Professionalism, Deborah Rhode
Profits And Professionalism, Deborah Rhode
Fordham Urban Law Journal
This Article looks at the financial effect of ethics work. The author examines to what effect and under what circumstances “ethics pays,” and what can be done to increase the rate of return. The article studies this issue in three different contexts. First, it looks at workplace cultures and professional values. The author tries to find how the legal professional can create more organizational structures in which adhering to principles serves prudential interests. The second context is pro bono work. Here, the author looks at the pro bono benefits to, the lawyer, and legal employer, as well as the costs …
Marilyn & Ed Bellet: A Dedication, William Michael Treanor
Marilyn & Ed Bellet: A Dedication, William Michael Treanor
Fordham Urban Law Journal
This Essay was a dedication to Ed and Marilyn Bellet, benefactors of Fordham Law’s ethics and professionalism programs. The Bellets created the Louis Stein Center for Law and Ethics, which educates both the public and lawyers about the importance of the rule of law. The author examines the life of the Bellets and their commitment to Fordham Law.
The Professionalization Of Ethics, Margaret Raymond
The Professionalization Of Ethics, Margaret Raymond
Fordham Urban Law Journal
This Article looks at the importance of teaching law graduates to be ethical lawyers. The author hypothesizes that the current versions of the ethical rules and the structure of law firms have the potential to encourage the professionalization of ethics rather than connecting all practitioners to the values of professional responsibility. This Article sets out the factors that contribute to the increased professionalization of professional responsibility in large law firms. These factors are the need for lawyers to always be accessible, the pressure to specialize in a specific field, and the complexity of the ethics rules as written. The author …
The Nirvana Fallacy In Law Firm Regulation Debate, Elizabeth Chambliss
The Nirvana Fallacy In Law Firm Regulation Debate, Elizabeth Chambliss
Fordham Urban Law Journal
This Article addresses self-regulation in the legal industry. Lawyers have traditionally resisted the benefits of bureaucratic management. This Article highlights that many lawyers fear that centralized management controls with regard to regulation will undermine individual accountability. This article does not agree with that sentiment. This article uses data to suggest that centralized management, i.e. specialists in charge, may significantly improve individual accountability and compliance with professional rules. This article really reviews what it feels like are misconstrued assumptions about regulation at law firms. This Article argues that the nostalgia for an idealized collegial form has prevented legal scholars and regulators …
Even Judges Don't Know Everything: A Call For A Presumption Of Admissibility For Expert Witness Testimony In Lawyer Disciplinary Proceedings The Fourth Annual Symposium On Legal Malpractice And Professional Responsibility., Timothy P. Chinaris
St. Mary's Law Journal
Today's practice environment is full of potential ethical pitfalls for even the most conscientious lawyer. The consequences of being found guilty of misconduct can include suspension or disbarment from practicing as a lawyer. Added to these concerns is the fact that the judge or hearing panel before whom the case is tried may not be intimately familiar with the particular ethics rules or how they are interpreted in different areas of practice. In order to mount an effective defense against the disciplinary charges, an accused lawyer may want to introduce expert testimony on his or her behalf. Unfortunately for the …