Law Commons^™

Professional Responsibility Of The Criminal Defense Lawyer Redux: The New Three Hardest Questions, Todd A. Berger

St. Mary's Journal on Legal Malpractice & Ethics

In 1966, Professor Monroe Freedman authored Professional Responsibility of the Criminal Defense Lawyer: The Three Hardest Questions, a work that occupies an important place in the cannon of legal ethics. Freedman believed that the three hardest questions facing a criminal defense attorney relate to whether it is ethical to discredit a truthful witness; whether it is proper to knowingly allow a client to testify falsely; and whether a lawyer may provide a client with legal advice when the lawyer suspects the client may use that advice to commit a crime. Beyond Freedman’s queries there are other important, yet largely unaddressed, …

College Graduation As An Entrance Requirement To Law Schools, W. Harrison Hitchler

Dickinson Law Review (2017-Present)

No abstract provided.

Money Didn’T Buy Happiness, Lawrence J. Fox

Dickinson Law Review (2017-Present)

No abstract provided.

Introduction To Section I: In The Beginning . . . Volume 1 And What It Means To Be A Lawyer, Kristina J. Kim

Dickinson Law Review (2017-Present)

No abstract provided.

“The Lost Lawyer” Regained: The Abiding Values Of The Legal Profession, Robert Maccrate

Dickinson Law Review (2017-Present)

No abstract provided.

Introduction To Section V: Facilitating Dialogue With And About The Profession, Maureen Weidman

Dickinson Law Review (2017-Present)

No abstract provided.

Address Of Justice Edward J. Fox Of The Supreme Court Of Pennsylvania, Edward J. Fox

Dickinson Law Review (2017-Present)

No abstract provided.

Law Firm Economics And Professionalism, Ward Bower

Dickinson Law Review (2017-Present)

Both Dean Kronman in The Lost Lawyer and Professor Glendon in A Nation Under Lawyers attribute some of the problems and challenges facing lawyers today to economic pressures and to a preoccupation with profits and fees. For Kronman, this economic focus interferes with the “moral detachment” necessary for achievement of the “lawyer-statesman” ideal. For Glendon, professional dilemmas caused by the deterioration of the legal economy, competition in the marketplace, lawyer-shopping by clients, early specialization, lack of mentoring and emphasis on the billable hour have created an unhappy generation of ethically challenged practitioners.

Both authors accurately assess the state of the …

Lawyers In The Mist: The Golden Age Of Legal Nostalgia, Marc Galanter

Dickinson Law Review (2017-Present)

No one watching the contemporary furor over the litigation explosion and lawsuits devouring America can fail to be impressed by the power of folklore to overwhelm workaday organized social knowledge. Time and again, the protestations of bean-counters and skeptics are vanquished by stories about perverse institutions peopled by malingering plaintiffs, greedy lawyers, capricious jurors, and arrogant judges, proving yet again that it is not what is so that matters, but what people—at least for the moment—think is so. Tenacious belief may not make it so, but can have powerful effects.

In this essay I address another cluster of folklore about …

The Fault In Legal Ethics, Anthony T. Kronman

Dickinson Law Review (2017-Present)

No abstract provided.

Disclosure Versus Confidentiality, Richard D. Kuhn

The Catholic Lawyer

No abstract provided.

Rock, Paper, Scissors... Loot!, Michael Mogill

Nevada Law Journal Forum

As teachers, we always try to inspire our students. That inspiration can be kindled in many forums, whether in the classroom, our offices, our communities—or, more rarely, in front of an entire graduating class. This article reflects the remarks I delivered to my students, our graduating class, on such a rare occasion, now several years past. The genesis of my speech, a simple child’s game (one we all know), led me through the reflections I offered to the class of 2014 and now offer to a much larger audience. I began writing these remarks with a question in mind: What …

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

The Catholic Lawyer

No abstract provided.

Volume 1, Issue 1 (2017) Inaugural Issue

International Journal on Responsibility

Contents:

1 – 4 Terry Beitzel, Who is Responsible to do what for Whom? A letter from the Editor-in-Chief.

5 – 20 Arun Gandhi, What Does Responsibility Mean to Me?

21 – 42 T.Y. Okosun, Political Flip-flopping, Political Responsibility, Current Governance, and the Disenfranchised.

43 – 54 Hal Pepinsky, Resolving the Paradox of Holding People Responsible.

55 – 66 Kendra A. Hollern, Dying with Dignity: Where is the Compassion in Compassionate Release Programs?

67 – 82 Sabiha Shala & Gjylbehare Muharti, Who is Responsible for Ethical Legal Education, for what and to whom? Case of Kosovo.

83 Acknowledgments.

Bolstering The Foundation Of Fundamental Fairness: The Ninth Circuit Declares Equitable Tolling Now Applies To The Federal Arbitration Act, Matthew E. Selmasska

Arbitration Law Review

No abstract provided.

The Changing View Of The “Bystander” In Holocaust Scholarship: Historical, Ethical, And Political Implications, Victoria J. Barnett

Utah Law Review

The role of “bystanders” has been a central theme in discussions about the ethical legacy of the Holocaust. In early Holocaust historiography, “bystander” was often used as a generalized catchall term designating passivity toward Nazi crimes. “Bystander behavior” became synonymous with passivity to the plight of others, including the failure to speak out against injustice and/or assist its victims. More recent scholarship has documented the extent to which local populations and institutions were actively complicit in Nazi crimes, participating in and benefitting from the persecution of Jewish citizens, not only in Germany but across Europe. This newer research has sparked …

Egyptian Confidential: An Analysis Of Confidentiality In The Egyptian Arbitration System, Kayla Snowberger

Arbitration Law Review

No abstract provided.

The Bystander During The Holocaust, Robert A. Goldberg

Utah Law Review

The German people today have embraced their sense of collective responsibility. They have accepted the seamless case of genocide and its implications are part of the national soul. They have come to full reckoning, determined to remember a difficult past and not repeat it. The Austrians, the Dutch, and the Poles have yet to reach the point of confession or even an awareness of responsibility. Perhaps the most remarkable symbol of national responsibility is the grassroots Stolperstein or Stumble Stone project, which began in Germany in 1992 with the goal to remember the victims of the Holocaust individually. Cobblestone-size concrete …

You Snooze, You Lose, And Your Client Gets A Retrial: United States V. Ragin And Ineffective Assistance Of Counsel In Sleeping Lawyer Cases, Kimberly Sachs

Villanova Law Review

No abstract provided.

Yikes! Was I Wrong? A Second Look At The Viability Of Monitoring Capital Post-Conviction Counsel, Celestine Richards Mcconville

Maine Law Review

When Albert Holland’s capital post-conviction counsel filed his state post-conviction motion in September 2002, twelve days remained in the one-year statute of limitations for filing a federal habeas petition. While Holland might not have known exactly how much time was left in the federal limitations period, he knew he wanted to preserve his right to federal review, that the limitations period was tolled during non-discretionary state post-conviction review, and that he would be under the gun to get the federal petition filed once the Florida Supreme Court issued its decisions. And he made no ones about his desire to file …

Inextricably Bound: Strip Clubs, Prostitution, And Sex Trafficking, Dan O'Bryant

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Lawyers Going Bare And Clients Going Blind, Leslie C. Levin

Florida Law Review

Many U.S. lawyers “go bare” and represent clients without maintaining malpractice insurance. Efforts to require these lawyers to carry lawyer professional liability (LPL) insurance have mostly foundered, due to bar opposition and concerns about the cost of insurance. As a compromise between protecting the public and protecting lawyers’ interests, many states now require lawyers to disclose whether they carry LPL insurance to clients, regulators, or both. This Article draws on survey data from Arizona, Connecticut and New Mexico lawyers that shed light on which lawyers go bare and the reasons why they do so. The Article then looks at states’ …

Coming To Grips With The Ethical Challenges For Capital Post-Conviction Representation Posed By Martinez V. Ryan, John H. Blume, W. Bradley Wendel

Florida Law Review

In its groundbreaking decision in Martinez v. Ryan, 556 U.S. 1 (2012), the Supreme Court of the United States held that inadequate assistance of post-conviction counsel could be sufficient “cause” to excuse a procedural default thus allowing a federal court in habeas corpus proceedings to reach the merits of an otherwise barred claim that an inmate was deprived of his Sixth Amendment right to the effective assistance of counsel at trial. The upshot of Martinez is that, if state postconviction counsel unreasonably (and prejudicially) fails to raise a viable claim of ineffective assistance of trial counsel, then there is “cause” …

Public Resource Ownership And Community Engagement In A Modern Energy Landscape, Samantha Hepburn

Pace Environmental Law Review

The onshore resource conflicts that have erupted in the Eastern states of Australia highlight the deep need for axiomatic structural change in public resource ownership frameworks. Much of the conflict that has arisen stems from the failure of the state, as owner, to give proper regard to the social and environmental concerns relevant to the expansion of onshore resource development. The underlying rationale for vesting resources in the state is to ensure they are managed for the benefit of the community as a whole. The implied sumption is that public benefit obligations are met through state administration because this is …

Chief Justice William Howard Taft's Conception Of Judicial Integrity: The Legal History Of Tumey V. Ohio, Joshua Kastenberg

Cleveland State Law Review

In 1927, Chief Justice William Howard Taft led a unanimous Court to determine that, at minimum, the right to an impartial and independent judiciary meant that the judge had to lack a personal interest in the outcome of the trial. While the decision, Tumey v. Ohio, was based on a judge’s pecuniary interest, it was also part of Taft’s efforts to ensure that the nation’s judges, from the municipal courts to the Supreme Court had the public’s confidence in their integrity. Tumey, therefore, is not simply a decision on pecuniary interests. It can, and should, be applied to …

Forty-Eight States Are Probably Not Wrong: An Argument For Modernizing Georgia’S Legal Malpractice Statute Of Limitations, Ben Rosichan

Georgia State University Law Review

The legal profession is largely self-regulated, and each state has a bar association charged with creating and enforcing basic standards of professionalism and competence for attorneys. Unfortunately, attorneys do not always adhere to these standards. In Georgia, the State Bar can address attorney misconduct through remedial measures up to and including disbarment. The State Bar cannot, however, compensate wronged clients through monetary damages.Thus, some wronged clients must resort to a lawsuit for legal malpractice where a financial recovery is necessary to make the client whole again.

The statute of limitations for legal malpractice claims should not be so restrictive that …

Educational Interventions To Cultivate Professional Identity In Law Students: Introduction, Patrick Emery Longan

Mercer Law Review

On October 7, 2016, the Mercer Law Review co-sponsored the 17th Annual Georgia Symposium on Professionalism and Ethics. The Georgia symposia on professionalism and ethics have all been made possible by the Honorable Hugh Lawson, Senior United States District Judge for the Middle District of Georgia. In 1999, Judge Lawson oversaw the settlement of a matter that involved allegations of litigation misconduct, and as part of the settlement four of Georgia's law schools each received an endowment to fund annual symposia dedicated to ethics and professionalism. The symposium series began in 2001 and rotates among Mercer University, Georgia State University, …

17th Annual Georgia Symposium On Ethics And Professionalism: October 6, 2016, Benjamin Grimes

Mercer Law Review

Professional identity is a mercurial thing. It is a combination of skills, values, and ways of thinking that identifies us to others and forms the basis of our understanding of ourselves. But why should we endeavor to affirmatively instill a certain identity-or to provide the seeds of professional identity-in our students and young attorneys? To what end is identity useful, what elements are important, and how do we do it?

Unlike the many participants in this Symposium and contributors to this issue of the Mercer Law Review, I am neither an academic nor a remarkable practitioner. I have taught …

Educational Programs For Professional Identity Formation: The Role Of Social Science Research, Muriel J. Bebeau, Stephen J. Thoma, Clark D. Cunningham

Mercer Law Review

This Article on the use of social science research to design, implement, and assess educational programs for the development of professional identity has its origins in the opening presentation made at the 17th Annual Georgia Symposium on Professionalism and Legal Ethics, held on October 7, 2016 at Mercer Law School on the topic "Educational Interventions to Cultivate Professional Identity in Law Students." The Mercer Symposium invited speakers from a variety of disciplines to address a series of questions regarding the feasibility and worth of establishing an educational intervention and assessment program to facilitate professional identity formation.

This Article begins with …