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The Audit Committee's Ethical And Legal Responsibilities: The State Law Perspective, Lyman P.Q. Johnson Jan 2006

The Audit Committee's Ethical And Legal Responsibilities: The State Law Perspective, Lyman P.Q. Johnson

Scholarly Articles

This paper provides a state law perspective on the post-scandal, post-reform audit committee. Federal law, along with NYSE and Nasdaq (together, "SRO") rules, recently have made sweeping changes in corporate governance, including numerous provisions that bear on audit committees. These changes are unprecedented and dramatic, and rightly have received wide attention and careful study. Certain basic principles underlying the governance functions and duties of audit committees, however, originate in, and are still determined by, state law. Moreover, state law applies to all corporations; federal law and SRO rules on audit committees apply only to those companies coming under federal law …


First Do No Harm: Law Professor Misconduct Toward Law Students, Lisa G. Lerman Jan 2006

First Do No Harm: Law Professor Misconduct Toward Law Students, Lisa G. Lerman

Scholarly Articles

No abstract provided.


A Double Standard For Lawyer Dishonesty: Billing Fraud Versus Misappropriation, Lisa G. Lerman Jan 2006

A Double Standard For Lawyer Dishonesty: Billing Fraud Versus Misappropriation, Lisa G. Lerman

Scholarly Articles

In this Article, I examine the dishonest billing practices alleged to have occurred and the analysis of the dishonesty by the Hearing Committee and the court. I offer a critique of the investigation of the case, the findings of fact and the legal standards applied. I compare this billing fraud case to the leading case on misappropriation of client funds in the District of Columbia. I argue that the decision-makers (Hearing Committee, Board on Professional Responsibility, and court of appeals) have gone to great lengths to avoid addressing the very grave dishonesty that led to this disciplinary matter. I speculate …


A Legal Career For All Seasons: Remembering St. Thomas More’S Vocation, Veryl Victoria Miles Jan 2006

A Legal Career For All Seasons: Remembering St. Thomas More’S Vocation, Veryl Victoria Miles

Scholarly Articles

The vast majority of the work taking place in most law schools is the preparation of law students for the practice of law; namely, to teach legal theory and doctrine, legal analysis, writing, and advocacy. In sum, the goal of most law schools is to teach the many different skills required in law practice and the professional rules of legal ethics. What appears to be lacking in the preparation of future lawyers are lessons on how to incorporate this vast amount of specialized learning and skill in ways that will be harmonious with the personal, moral, and ethical values that …


Teaching Ethics In And Outside Of Law Schools: What Works And What Doesn’T, Lisa G. Lerman Jan 2006

Teaching Ethics In And Outside Of Law Schools: What Works And What Doesn’T, Lisa G. Lerman

Scholarly Articles

No matter the setting or the audience, certain approaches are more likely than others to engage the students in learning the relevant law and exploring the array of dilemmas that lawyers encounter in practice. Some methods are more likely than others to help students to increase their ability to recognize ethical dilemmas and to understand the institutional dynamics and economic pressures that lead some lawyers to rationalize unethical conduct. On the other hand, some approaches to teaching ethics are almost certain to fail, to produce boredom, animosity, cynicism or alienation among participants. What follows is a short inventory of some …