Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Administrative law (1)
- Apps (1)
- Attorney licensing (1)
- Authority (1)
- Bankruptcy (1)
-
- Bar exam (1)
- Capture (1)
- Case Western Reserve (1)
- Cheap talk (1)
- Citation (1)
- Conflicts of interest (1)
- Delegation (1)
- Dialectic (1)
- Doctrinal (1)
- Editing (1)
- Empirics (1)
- Equilibrium (1)
- Ethics (1)
- Falsity (1)
- Felix Frankfurter (1)
- Folk Theorem (1)
- Footnotes (1)
- Fraud (1)
- Harvard (1)
- Hold-up (1)
- Human rights legal ethics professionalism code of conduct aspiration dignity respect law clinic law office public interest legal aid (1)
- Law examiners (1)
- Lexis (1)
- Narcissism (1)
- Outsourcing (1)
Articles 1 - 8 of 8
Full-Text Articles in Law
Human Rights And Lawyer’S Oaths, Lauren E. Bartlett
Human Rights And Lawyer’S Oaths, Lauren E. Bartlett
All Faculty Scholarship
Each lawyer in the United States must take an oath to be licensed to practice law. The first time a lawyer takes this oath is usually a momentous occasion in their career, marked by ceremony and celebration. Yet, many lawyer’s oaths today are unremarkable and irrelevant to modern law practice at best, and at worst, inappropriate, discriminatory, and obsolete. Drawing on a fifty-state survey of lawyer’s oaths in the United States, this article argues that it is past time to update lawyer’s oaths in the United States and suggests drawing on human rights to make lawyer’s oaths more accessible and …
Outsourcing Self-Regulation, Marsha Griggs
Outsourcing Self-Regulation, Marsha Griggs
All Faculty Scholarship
Answerable only to the courts that have the sole authority to grant or withhold the right to practice law, lawyers operate under a system of self-regulation. The self-regulated legal profession staunchly resists external interference from the legislative and administrative branches of government. Yet, with the same fervor that the legal profession defies non-judicial oversight, it has subordinated itself to the controlling influence of a private corporate interest. By outsourcing the mechanisms that control admission to the bar, the legal profession has all but surrendered the most crucial component of its gatekeeping function to an industry that profits at the expense …
A Human Rights Code Of Conduct: Ambitious Moral Aspiration For A Public Interest Law Office Or Law Clinic, Lauren Bartlett
A Human Rights Code Of Conduct: Ambitious Moral Aspiration For A Public Interest Law Office Or Law Clinic, Lauren Bartlett
All Faculty Scholarship
The standards regulating the decision-making and behavior of lawyers in the U.S. currently provide inadequate guidance for many of the ethical dilemmas that practicing attorneys face on a daily basis. Universal human rights principles—the concepts of morality underlying much of human rights law—provide more ambitious moral direction that lawyers can use to guide decision-making and behavior. This article discusses why additional aspirational goals are needed for the legal profession and explains how and why to apply universal human rights principles to lawyering in the U.S. The article goes on to introduce the idea of adopting a human rights code of …
Micro-Symposium On Orin Kerr's 'A Theory Of Law', Laura Appleman, Shawn Bayern, Adam D. Chandler, Robert Cheren, Miriam A. Cherry, Ross E. Davies, Lee Anne Fennell, Paul A. Gowder, Caitlin Hartsell, Kieran Healy, Robert A. James, Jeffrey H. Kahn, Orin S. Kerr, Jacob T. Levy, Jeffrey M. Lipshaw, Orly Lobel, Geoffrey A. Manne, Chad M. Oldfather, Ronak Patel, Jeffrey A. Pojanowski, Alexandra J. Roberts, Kent Scheidegger, Arthur Stock, Anders Walker
Micro-Symposium On Orin Kerr's 'A Theory Of Law', Laura Appleman, Shawn Bayern, Adam D. Chandler, Robert Cheren, Miriam A. Cherry, Ross E. Davies, Lee Anne Fennell, Paul A. Gowder, Caitlin Hartsell, Kieran Healy, Robert A. James, Jeffrey H. Kahn, Orin S. Kerr, Jacob T. Levy, Jeffrey M. Lipshaw, Orly Lobel, Geoffrey A. Manne, Chad M. Oldfather, Ronak Patel, Jeffrey A. Pojanowski, Alexandra J. Roberts, Kent Scheidegger, Arthur Stock, Anders Walker
All Faculty Scholarship
For more than a century, careful readers of the Green Bag have known that “[t]here is nothing sacred in a theory of law...which has outlived its usefulness or which was radically wrong from the beginning...The question is What is the law and what is the true public policy?” Professor Orin Kerr bravely, creatively, and eloquently answered that question in his article, “A Theory of Law,” in the Autumn 2012 issue of the Green Bag. Uniquely among all theories of law that I know of, Kerr’s answer to the fundamental question of law and true public policy enables all scholars to …
Regulating Conflicts Of Interest In Research: The Paper Tiger Needs Real Teeth, Jesse A. Goldner J.D.
Regulating Conflicts Of Interest In Research: The Paper Tiger Needs Real Teeth, Jesse A. Goldner J.D.
All Faculty Scholarship
This article describes the current state of the regulation of financial conflicts of interest in research in the United States. It notes the implications of the changing academic and private research environment and reviews recent empirical research on (1) the perceived implications of such conflicts on clinician and researcher behavior, and (2) the effect of disclosure of such conflicts to potential research participants. The article also details a number of widely publicized research “scandals” involving conflicts of interest and the effects these may have on both public support for research as well as on the quality of care that ultimately …
Legality And Discretion, Stephen C. Thaman
Legality And Discretion, Stephen C. Thaman
All Faculty Scholarship
Volume II: This is an encyclopedia entry on legality and discretion.
Teaching Selected Ethical Issues In Bankruptcy, Michael Korybut
Teaching Selected Ethical Issues In Bankruptcy, Michael Korybut
All Faculty Scholarship
Both consumer and business bankruptcies present numerous ethical questions. Like any lawyer, the bankruptcy attorney must be familiar with a variety of ethics codes and rules, such as the 1969 ABA Model Code of Professional Responsibility or the 1983 ABA Model Rules of Professional Conduct. Further, the Bankruptcy Code has a number of provisions that raise ethical questions. Accordingly, when the author teaches his Bankruptcy survey course, he devotes time in a number of classes to ethical issues. In particular, the author spends a good part of one class on Bankruptcy Code section 327(a) which prohibits an attorney representing the …
Toward A Multiple Party Representation Model: Moderating Power Disparity, Henry Ordower
Toward A Multiple Party Representation Model: Moderating Power Disparity, Henry Ordower
All Faculty Scholarship
Argues that the zealous representation model of contemporary legal practice with its emphasis on primacy of the client causes lawyers to assist and motivate their clients to exploit the clients' power advantages in non-litigation contexts. The article recommends that ethical rules shift to a multiple client representation model. The model would be based upon the Brandeisian "lawyer for the situation" and would empower attorneys in non-litigation settings to consider and evaluate the impact of their activities on other constituencies that the representation affects. Attorneys would become better able to encourage their clients to seek distributional fairness and balance in their …