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Full-Text Articles in Law

Movement Lawyers: The Tension Between Solidarity And Independence, Catherine Fisk Apr 2022

Movement Lawyers: The Tension Between Solidarity And Independence, Catherine Fisk

Indiana Law Journal

Seeking to engage with scholars and activists who call for lawyer solidarity with social movements, this Essay considers professional ethics constraints on what a lawyer can justifiably do on behalf of clients in the name of solidarity with a movement. I consider whether the concept of solidarity, especially solidarity in the face of legal repression, justifies a movement lawyer in using tactics that would otherwise be grounds for legal prosecution, professional discipline, or moral condemnation. Drawing on the long history of legal repression of progressive activism, including repression of progressive lawyers, this Essay proposes a way to think about lawyers …


Between Brady Discretion And Brady Misconduct, Bennett L. Gershman Apr 2019

Between Brady Discretion And Brady Misconduct, Bennett L. Gershman

Dickinson Law Review (2017-Present)

The Supreme Court’s decision in Brady v. Maryland presented prosecutors with new professional challenges. In Brady, the Supreme Court held that the prosecution must provide the defense with any evidence in its possession that could be exculpatory. If the prosecution fails to timely turn over evidence that materially undermines the defendant’s guilt, a reviewing court must grant the defendant a new trial. While determining whether evidence materially undermines a defendant’s guilt may seem like a simple assessment, the real-life application of such a determination can be complicated. The prosecution’s disclosure determination can be complicated under the Brady paradigm because …


What We Know And Need To Know About Pro Bono Service Delivery, April Faith-Slaker Jan 2016

What We Know And Need To Know About Pro Bono Service Delivery, April Faith-Slaker

South Carolina Law Review

No abstract provided.


What We Know And Need To Know About Online Dispute Resolution, Ethan Katsh, Colin Rule Jan 2016

What We Know And Need To Know About Online Dispute Resolution, Ethan Katsh, Colin Rule

South Carolina Law Review

No abstract provided.


Lessons Learned By An Interdisciplinary Research Team Evaluating Medical-Legal Partnership With The Department Of Veterans Affairs, Margaret Middleton, Jack Tsai, Robert Rosenheck Jan 2016

Lessons Learned By An Interdisciplinary Research Team Evaluating Medical-Legal Partnership With The Department Of Veterans Affairs, Margaret Middleton, Jack Tsai, Robert Rosenheck

South Carolina Law Review

No abstract provided.


What We Know And Need To Know About Gamification And Online Engagement, Stephanie Kimbro Jan 2016

What We Know And Need To Know About Gamification And Online Engagement, Stephanie Kimbro

South Carolina Law Review

No abstract provided.


Revisiting Antigone's Dilemma: Why The Model Rules Of Professional Conduct Need To Become Model Presumptions That Can Be Rebutted By Acts Of Ethical Discretion, Gurney Pearsall Oct 2015

Revisiting Antigone's Dilemma: Why The Model Rules Of Professional Conduct Need To Become Model Presumptions That Can Be Rebutted By Acts Of Ethical Discretion, Gurney Pearsall

South Carolina Law Review

No abstract provided.


Water Law-Gged: The Muddy Relationship Between Water Law, The Environment, And Economic Development Introduction, Josh Eagle, Matthew W. Orville Apr 2015

Water Law-Gged: The Muddy Relationship Between Water Law, The Environment, And Economic Development Introduction, Josh Eagle, Matthew W. Orville

South Carolina Law Review

No abstract provided.


The Washington State Limited License Legal Technician Program: Enhancing Access To Justice And Ensuring The Integrity Of The Legal Profession, Stephen R. Crossland, Paula C. Littlewood Apr 2014

The Washington State Limited License Legal Technician Program: Enhancing Access To Justice And Ensuring The Integrity Of The Legal Profession, Stephen R. Crossland, Paula C. Littlewood

South Carolina Law Review

No abstract provided.


Be The Change, James R. Silkenat Apr 2014

Be The Change, James R. Silkenat

South Carolina Law Review

No abstract provided.


Law School Training For Licensed Legal Technicians - Implications For The Consumer Market, Elizabeth S. Chambliss Apr 2014

Law School Training For Licensed Legal Technicians - Implications For The Consumer Market, Elizabeth S. Chambliss

South Carolina Law Review

No abstract provided.


On Task - Expanding The Boundaries Of Legal Education, Vordman Carlisle Traywick Iii Apr 2014

On Task - Expanding The Boundaries Of Legal Education, Vordman Carlisle Traywick Iii

South Carolina Law Review

No abstract provided.


Chasing The Atticus Code - Preserving Adjudication Integrity In Local Administrative Hearings , Michael N. Widener Mar 2013

Chasing The Atticus Code - Preserving Adjudication Integrity In Local Administrative Hearings , Michael N. Widener

Journal of the National Association of Administrative Law Judiciary

In the United States administrative law realm, there purportedly exist more than 19 thousand municipal governments, 16 thousand town or township governments; three thousand county governments, 13 thousand school districts and 35 thousand special district governments. This essay argues that these local adjudicative loci largely neglect the ethical guidance or direction of lawyers serving in government-official capacities without holding elected nor judicial positions. I dub these decision-makers “Atticus.” Citizens support the notion of external codes of professional responsibility for such persons not necessarily because they believe that “lawyering rules” are well constructed or property enforced, but because they doubt lawyers …


In The Aftermath: Responsibility And Professionalism In The Wake Of Disaster, Matthew Paul Crouch Jan 2013

In The Aftermath: Responsibility And Professionalism In The Wake Of Disaster, Matthew Paul Crouch

South Carolina Law Review

No abstract provided.


Into The Matrix: The Future Of The Unauthorized Practice Of Law In Real Estate Closings Following Matrix Financial Services Corp. V. Frazer, Neil C. Robinson Iii Jul 2012

Into The Matrix: The Future Of The Unauthorized Practice Of Law In Real Estate Closings Following Matrix Financial Services Corp. V. Frazer, Neil C. Robinson Iii

South Carolina Law Review

No abstract provided.


Teaching The Ethical Values Governing Mediator Impartiality Using Short Lectures, Buzz Group Discussions, Video Clips, A Defining Features Matrix, Games, And An Exercise Based On Grievances Filed Against Florida Mediators , Paula M. Young Feb 2012

Teaching The Ethical Values Governing Mediator Impartiality Using Short Lectures, Buzz Group Discussions, Video Clips, A Defining Features Matrix, Games, And An Exercise Based On Grievances Filed Against Florida Mediators , Paula M. Young

Pepperdine Dispute Resolution Law Journal

Teaching Professional Ethics to Lawyers and Mediators Using Active Learning Techniques will serve as the first article in a series of articles I have planned on the use of active learning techniques to teach the core values of mediation: mediator impartiality, party self-determination, confidentiality, and quality of the process/mediator competence. This article is the second article in that series. In Section III, I summarize the first article in the series. In Section IV, I describe the role of mediator impartiality as a core value of the mediation field. I evaluate the definitions of mediation found in several ethics codes as …


Of Tools And Houses: Sociologists Without Borders And The Aaas Science And Human Rights Coalition, Bruce K. Friesen, Mark Frezzo, Brian K. Gran Jan 2012

Of Tools And Houses: Sociologists Without Borders And The Aaas Science And Human Rights Coalition, Bruce K. Friesen, Mark Frezzo, Brian K. Gran

Societies Without Borders

Sociologists Without Borders (SSF) has played a key role in the Science and Human Rights Coalition (SHRC) of the American Association for the Advancement of Science. This Coalition, which consists of nearly fifty scientific organizations, seeks to advance the human right to benefit from scientific progress and its application. This article critically evaluates SSF’s role in the SHRC. After providing background on the work, organization, and objectives of the Coalition, this article then elaborates on how sociologists, particularly representatives of the American Sociological Association and SSF, have collaborated with other scientists on various projects designed to implement this human right. …


Unprofessional Sides Of Social Media And Social Networking: How Current Standards Fall Short, Christina Parajon Skinner Jan 2011

Unprofessional Sides Of Social Media And Social Networking: How Current Standards Fall Short, Christina Parajon Skinner

South Carolina Law Review

No abstract provided.


Character Or Code: What Makes A Good And Ethical Lawyer, Donald James Hermann Jan 2011

Character Or Code: What Makes A Good And Ethical Lawyer, Donald James Hermann

South Carolina Law Review

No abstract provided.


The Witch's Brew: Nigerian Schemes, Counterfeit Cashier's Checks, And Your Trust Account, Clark H. C. Lacy Jul 2010

The Witch's Brew: Nigerian Schemes, Counterfeit Cashier's Checks, And Your Trust Account, Clark H. C. Lacy

South Carolina Law Review

No abstract provided.


Attorney-Client Fee Agreements That Offend Public Policy, Alex Beckham Long Jan 2009

Attorney-Client Fee Agreements That Offend Public Policy, Alex Beckham Long

South Carolina Law Review

No abstract provided.


I'Ll Start Walking Your Way, You Start Walking Mine: Sociological Perspectives On Professional Identity Development And Influence Of Generational Differences, Melissa Heames Weresh Jan 2009

I'Ll Start Walking Your Way, You Start Walking Mine: Sociological Perspectives On Professional Identity Development And Influence Of Generational Differences, Melissa Heames Weresh

South Carolina Law Review

No abstract provided.


Multijurisdictional Practice Of Law Under The Revised South Carolina Rules Of Professional Conduct, Jane Hawthorne Merrill Apr 2006

Multijurisdictional Practice Of Law Under The Revised South Carolina Rules Of Professional Conduct, Jane Hawthorne Merrill

South Carolina Law Review

No abstract provided.


South Carolina Tort Law: For Whom The Statute Of Limitations Tolls - The Epstein Court's Rejection Of The Continuous Representation Rule, James L. Floyd Iii Apr 2006

South Carolina Tort Law: For Whom The Statute Of Limitations Tolls - The Epstein Court's Rejection Of The Continuous Representation Rule, James L. Floyd Iii

South Carolina Law Review

No abstract provided.


Doe V. Mcmaster And The Lawyer's Role In Real Estate Transactions, Tara Austin Apr 2004

Doe V. Mcmaster And The Lawyer's Role In Real Estate Transactions, Tara Austin

South Carolina Law Review

No abstract provided.


Duties And Responsibilities Of Lawyers In Light Of In Re Myers: Are You Aware, Sarah Theresa Eibling Apr 2004

Duties And Responsibilities Of Lawyers In Light Of In Re Myers: Are You Aware, Sarah Theresa Eibling

South Carolina Law Review

No abstract provided.


A Normative Analysis Of The Rights And Duties Of Law Professors To Speak Out, Robert Richard Kuehn Jan 2004

A Normative Analysis Of The Rights And Duties Of Law Professors To Speak Out, Robert Richard Kuehn

South Carolina Law Review

No abstract provided.


Alternative Dispute Resolution And Professional Responsibility In South Carolina: A Changing Landscape, Van A. Anderson Oct 2003

Alternative Dispute Resolution And Professional Responsibility In South Carolina: A Changing Landscape, Van A. Anderson

South Carolina Law Review

No abstract provided.


Truthfulness And Honesty Among American Lawyers: Perception, Reality, And The Professional Reform Initiative, W. William Hodes Apr 2002

Truthfulness And Honesty Among American Lawyers: Perception, Reality, And The Professional Reform Initiative, W. William Hodes

South Carolina Law Review

No abstract provided.


Doe V. Condon: Lawyers Beware - This Unauthorized-Practice-Of-Law Case May Affect You, Candy M. Kern-Fuller Apr 2002

Doe V. Condon: Lawyers Beware - This Unauthorized-Practice-Of-Law Case May Affect You, Candy M. Kern-Fuller

South Carolina Law Review

No abstract provided.