Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 19 of 19

Full-Text Articles in Law

Helping Self-Represented Litigants Isn’T Charity Work, It’S A Professional Obligation, Suzanne Harrington-Steppen, Eliza Vorenberg Jan 2022

Helping Self-Represented Litigants Isn’T Charity Work, It’S A Professional Obligation, Suzanne Harrington-Steppen, Eliza Vorenberg

Law Faculty Scholarship

No abstract provided.


A Human Being Wrote This Law Review Article: Gpt-3 And The Practice Of Law, Amy B. Cyphert Nov 2021

A Human Being Wrote This Law Review Article: Gpt-3 And The Practice Of Law, Amy B. Cyphert

Law Faculty Scholarship

Artificial intelligence tools can now “write” in such a sophisticated manner that they fool people into believing that a human wrote the text. None are better at writing than GPT-3, released in 2020 for beta testing and coming to commercial markets in 2021. GPT-3 was trained on a massive dataset that included scrapes of language from sources ranging from the NYTimes to Reddit boards. And so, it comes as no surprise that researchers have already documented incidences of bias where GPT-3 spews toxic language. But because GPT-3 is so good at “writing,” and can be easily trained to write in …


The Inspector General On The Fbi In Fall 2016: How A Fateful Delay Set The Stage For The Ultimate October Surprise, Peter Margulies Jun 2018

The Inspector General On The Fbi In Fall 2016: How A Fateful Delay Set The Stage For The Ultimate October Surprise, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The State Of Rule 3.8: Prosecutorial Ethics Reform Since Ethics 2000, Niki Kuckes Apr 2009

The State Of Rule 3.8: Prosecutorial Ethics Reform Since Ethics 2000, Niki Kuckes

Law Faculty Scholarship

No abstract provided.


Prosecutors' New Ethical Duty Relating To Wrongful Convictions, Niki Kuckes Oct 2008

Prosecutors' New Ethical Duty Relating To Wrongful Convictions, Niki Kuckes

Law Faculty Scholarship

No abstract provided.


True Believers At Law: National Security Agendas, The Regulation Of Lawyers, And The Separation Of Powers, Peter Margulies Jan 2008

True Believers At Law: National Security Agendas, The Regulation Of Lawyers, And The Separation Of Powers, Peter Margulies

Law Faculty Scholarship

Ideological agendas distort the deliberation required for sound legal advice about national security. Elite government lawyers after September 11 advanced a theory at the expense of context, labeling legal constraints as "lawfare" against American interests. The lawfare critics failed to recognize that legal constraints can empower decision makers by reinforcing reputational and other long-term values. They also failed their history test, ignoring the lessons of presidents from Jefferson to Kennedy who rejected a rigid adherence to ideology in the national security realm. By discounting context, the construction of the lawfare paradigm produced dire results, including the torture memos drafted by …


When To Push The Envelope: Legal Ethics, The Rule Of Law, And National Security Strategy Legal Issues Surrounding Guantanamo Bay, Peter Margulies Feb 2007

When To Push The Envelope: Legal Ethics, The Rule Of Law, And National Security Strategy Legal Issues Surrounding Guantanamo Bay, Peter Margulies

Law Faculty Scholarship

No abstract provided.


When To Push The Envelope: Legal Ethics, The Rule Of Law, And National Security Strategy, Peter Margulies Jan 2007

When To Push The Envelope: Legal Ethics, The Rule Of Law, And National Security Strategy, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Navigating Troubled Waters: Dealing With Personal Values When Representing Others, Mitchell M. Simon Apr 2005

Navigating Troubled Waters: Dealing With Personal Values When Representing Others, Mitchell M. Simon

Law Faculty Scholarship

Legal academics have long struggled to define the appropriate role a lawyer's moral judgment ought to play in client representation. In its simplest terms, the question is: Must a lawyer be a "hired gun," seeking all lawful objectives sought by a client, or may a lawyer act independently to avoid the harm a client's actions will cause innocent parties? Following disclosure of lawyer involvement in the Savings and Loan, Enron and WorldCom failures, many in society joined those scholars calling for greater moral responsibility.

In this article, I provide an analytical approach consistent with existing law and practice that seeks …


Ethics In Large Law Firms: The Principle Of Pragmatism, Kimberly Kirkland Apr 2005

Ethics In Large Law Firms: The Principle Of Pragmatism, Kimberly Kirkland

Law Faculty Scholarship

No abstract provided.


Taking The Lawyer's Craft Into Virtual Space: Computer-Mediated Interviewing, Counseling, And Negotiating, Robert M. Bastress, Joseph D. Harbaugh Oct 2003

Taking The Lawyer's Craft Into Virtual Space: Computer-Mediated Interviewing, Counseling, And Negotiating, Robert M. Bastress, Joseph D. Harbaugh

Law Faculty Scholarship

Bellow's and Moulton's The Lawyering Process emphasized the need for law students and lawyers to draw on other disciplines for effective skills development, to make self-analysis of their professional skills and principles a career-long practice, and to remain ever vigilant of emerging ethical issues. This article attempts to honor those lessons by applying them to lawyers' use of computer mediated communication (CMC) in interacting with clients and in negotiating for clients. The article examines the social science research on CMC, applies that research to the lawyer's context, and makes some tentative assessments about the skills involved in lawyers' use of …


Protecting The Public Without Protectionism: Access, Competence And Pro Hac Vice Admission To The Practice Of Law, Peter S. Margulies Apr 2002

Protecting The Public Without Protectionism: Access, Competence And Pro Hac Vice Admission To The Practice Of Law, Peter S. Margulies

Law Faculty Scholarship

No abstract provided.


Taking The Cop Out Of Copping A Plea: Eradicating Police Prosecution Of Criminal Cases, Andrew Horwitz Jan 1998

Taking The Cop Out Of Copping A Plea: Eradicating Police Prosecution Of Criminal Cases, Andrew Horwitz

Law Faculty Scholarship

No abstract provided.


Progressive Lawyering And Lost Traditions, Peter Margulies Jan 1995

Progressive Lawyering And Lost Traditions, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Three Foundations Of Legal Ethics: Autonomy, Community, And Morality, Edward J. Eberle Jul 1993

Three Foundations Of Legal Ethics: Autonomy, Community, And Morality, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.


Symptoms Exposed When Legalists Engage In Moral Discourse: Reflections On The Difficulties Of Taking Ethics, James R. Elkins Jan 1993

Symptoms Exposed When Legalists Engage In Moral Discourse: Reflections On The Difficulties Of Taking Ethics, James R. Elkins

Law Faculty Scholarship

No abstract provided.


The Moral Labyrinth Of Zealous Advocacy, James R. Elkins Jul 1992

The Moral Labyrinth Of Zealous Advocacy, James R. Elkins

Law Faculty Scholarship

No abstract provided.


Toward Moral Responsibility In Lawyering: Further Thoughts On The Deontological Model Of Legal Ethics, Edward J. Eberle Oct 1989

Toward Moral Responsibility In Lawyering: Further Thoughts On The Deontological Model Of Legal Ethics, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.


Client Centered Counseling And Moral Accountability For Lawyers, Robert M. Bastress Jan 1985

Client Centered Counseling And Moral Accountability For Lawyers, Robert M. Bastress

Law Faculty Scholarship

No abstract provided.