Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Colorado Law School (9)
- Brigham Young University Law School (6)
- Georgetown University Law Center (6)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (6)
- American University Washington College of Law (5)
-
- Penn State Dickinson Law (5)
- Schulich School of Law, Dalhousie University (4)
- Duke Law (3)
- Osgoode Hall Law School of York University (3)
- UIC School of Law (3)
- University of Miami Law School (3)
- Boston University School of Law (2)
- Cornell University Law School (2)
- Fordham Law School (2)
- Golden Gate University School of Law (2)
- University at Buffalo School of Law (2)
- University of Missouri School of Law (2)
- University of Missouri-Kansas City School of Law (2)
- Barry University School of Law (1)
- California Polytechnic State University, San Luis Obispo (1)
- Chicago-Kent College of Law (1)
- Columbia Law School (1)
- Edith Cowan University (1)
- Florida A&M University College of Law (1)
- Florida International University College of Law (1)
- Georgia State University College of Law (1)
- Kennesaw State University (1)
- Mississippi College School of Law (1)
- Notre Dame Law School (1)
- Pace University (1)
- Keyword
-
- Ethics (15)
- Legal ethics (9)
- Professional Ethics (7)
- Lawyers (6)
- Human rights (5)
-
- Professional responsibility (5)
- Regulation (5)
- "free prior and informed consent" (4)
- Globalization (4)
- Indigenous lands (4)
- Indigenous peoples (4)
- Legal Profession (4)
- Attorneys (3)
- Communications Law (3)
- Comparative Law (3)
- FPIC (3)
- Indigenous territories (3)
- Justice (3)
- Legal profession (3)
- Professionalism (3)
- Social media (3)
- States (3)
- UNDRIP (3)
- AALS (2)
- ABA (2)
- Accreditation (2)
- Advertising (2)
- American Bar Association (2)
- Association of American Law Schools (2)
- Class actions (2)
- Publication
-
- Faculty Scholarship (11)
- Georgetown Law Faculty Publications and Other Works (6)
- Vol. 3: Religious Conviction (6)
- Articles in Law Reviews & Other Academic Journals (5)
- Faculty Scholarly Works (5)
-
- Free, Prior and Informed Consent: Pathways for a New Millennium (November 1) (5)
- Publications (5)
- Articles (4)
- Articles, Book Chapters, & Popular Press (4)
- Scholarly Works (4)
- All Faculty Scholarship (3)
- Faculty Publications (3)
- Journal Articles (3)
- Nevada Supreme Court Summaries (3)
- UIC Law Open Access Faculty Scholarship (3)
- Comparative Research in Law & Political Economy (2)
- Cornell Law Faculty Publications (2)
- Faculty Articles (2)
- Faculty Works (2)
- Law Faculty Publications (2)
- Other Scholarship (2)
- Scholarly Articles (2)
- Articles & Book Chapters (1)
- Articles About Faculty (1)
- Articles, Chapters in Books and Other Contributions to Scholarly Works (1)
- Center for the Study of Ethics in Society Papers (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Articles and Other Publications (1)
- Faculty Publications By Year (1)
- Faculty and Research Publications (1)
Articles 61 - 90 of 102
Full-Text Articles in Law
Effective Plea Bargaining Counsel, Jenny M. Roberts
Effective Plea Bargaining Counsel, Jenny M. Roberts
Articles in Law Reviews & Other Academic Journals
Fifty years ago, Clarence Earl Gideon needed an effective trial attorney. The Supreme Court agreed with Gideon that the Sixth Amendment guaranteed him the right to counsel at trial. Recently, Galin Frye and Anthony Cooper also needed effective representation. These two men, unlike Gideon, wanted to plead guilty and thus needed effective plea bargaining counsel. However, their attorneys failed to represent them effectively, and the Supreme Court - recognizing the reality that ninety-five percent of all convictions follow guilty pleas and not trials - ruled in favor of Frye and Cooper.
If negotiation is a critical stage in a system …
In Defense Of Scholars' Briefs: A Response To Richard Fallon, Amanda Frost
In Defense Of Scholars' Briefs: A Response To Richard Fallon, Amanda Frost
Articles in Law Reviews & Other Academic Journals
In a thoughtful and provocative essay, Richard Fallon criticizes law professors for lightly signing onto 'scholars’ briefs,' that is, amicus briefs filed on behalf of a group of law professors claiming expertise in the subject area. Fallon argues that law professors are constrained by the moral and ethical obligations of their profession from joining scholars’ briefs without first satisfying standards similar to those governing the production of scholarship, and thus he believes that law professors should abstain from adding their names to such briefs more often than they do now.
This response begins by describing the benefits of scholars’ briefs …
Are Human Rights Redundant In The Ethical Codes Of Psychologists?, Alfred Allan
Are Human Rights Redundant In The Ethical Codes Of Psychologists?, Alfred Allan
Research outputs 2013
The codes of ethics and conduct of a number of psychology bodies explicitly refer to human rights, and the American Psychological Association recently expanded the use of the construct when it amended standard 1.02 of the Ethical Principles of Psychologists and Code of Conduct. What is unclear is how these references to human rights should be interpreted. In this article I examine the historical development of human rights and associated constructs and the contemporary meaning of human rights. As human rights are generally associated with law, morality, or religion, I consider to which of forms of these references most likely …
Fidelity Diluted: Client Confidentiality Gives Way To The First Amendment & Social Media In Virginia State Bar, Ex Rel. Third District Committee V. Horace Frazier Hunter, Jan L. Jacobowitz, Kelly Rains Jesson
Fidelity Diluted: Client Confidentiality Gives Way To The First Amendment & Social Media In Virginia State Bar, Ex Rel. Third District Committee V. Horace Frazier Hunter, Jan L. Jacobowitz, Kelly Rains Jesson
Articles
No abstract provided.
Why Cant We Be Friends Preserving Public Confidence In The Judiciary Through Limited Use Of Social Networking, Helia Garrido Hull
Why Cant We Be Friends Preserving Public Confidence In The Judiciary Through Limited Use Of Social Networking, Helia Garrido Hull
Faculty Scholarship
No abstract provided.
Legal Ethics, Commercial Practice And The Certainty Imperative: A Cautionary Note, Diane Lourdes Dick
Legal Ethics, Commercial Practice And The Certainty Imperative: A Cautionary Note, Diane Lourdes Dick
Faculty Articles
The article focuses on the proposed amendments in Model Rule 1.7 under the Model Rules of Professional Conduct which mentions conflicts-of-interest rules. The American Bar Association Ethics 20/20 Commission has been designed to regulate the use of technology in development of global legal practices in the U.S. It informs that policymakers in legal ethics and commercial law help to govern attorney conduct which provides client-centered interests of fairness, loyalty, and independent judgment.
Ethical Lawyering In A Global Community, Trevor C. W. Farrow
Ethical Lawyering In A Global Community, Trevor C. W. Farrow
Articles & Book Chapters
No abstract provided.
Commentator’S Response To J. Goodwin 'Norms Of Advocacy', Camille Cameron
Commentator’S Response To J. Goodwin 'Norms Of Advocacy', Camille Cameron
Articles, Book Chapters, & Popular Press
Professor Goodwin makes a case for the normative complexity of advocacy. She makes this case in the contexts of courtroom advocacy and advocacy in the public relations industry. I am going to examine that conclusion by reference to one of her two chosen case studies – courtroom advocacy. I am also going to agree with her conclusion that courtroom advocacy is normatively complex, although I will part company with her on a few points.
Goodwin has argued that the activity of arguing in court is normatively structured, in the sense that it is more than just persuasion, it is certainly …
The Canadian Legal System, Steve Coughlan, Dale Darling
The Canadian Legal System, Steve Coughlan, Dale Darling
Articles, Book Chapters, & Popular Press
To really understand the influence of law on any activity, one must first understand the influences on the creation of law. This chapter sets the context for that discussion of law, by explaining the structural aspects of the legal system. Those aspects include the sources of law in Canada, the forms that law can take, and the parties who are primarily responsible for creating and shaping the law. This chapter will be structured around the discussion of four things: constitutional law, non-constitutional law, decision-makers in the legal system and, finally, a case study illustrating those features in action.
Moving Forward With A Clear Conscience: A Model Conscientious Objection Policy For Canadian Colleges Of Physicians And Surgeons, Jocelyn Downie, Jacquelyn Shaw, Carolyn Mcleod
Moving Forward With A Clear Conscience: A Model Conscientious Objection Policy For Canadian Colleges Of Physicians And Surgeons, Jocelyn Downie, Jacquelyn Shaw, Carolyn Mcleod
Articles, Book Chapters, & Popular Press
In 2008, one of us (JD) together with the former Dean of Law at the University of Ottawa (Sanda Rodgers), wrote a guest editorial for the Canadian Medical Association Journal on the topic of access to abortion in Canada. In the editorial, we argued, among other things, that "health care professionals who withhold a diagnosis, fail to provide appropriate referrals, delay access, misdirect women or provide punitive treatment are committing malpractice and risk lawsuits and disciplinary proceedings." In response to a series of letters to the editor written about our editorial, we wrote that, under the CMA Code of Ethics …
Legal Ethics In A Time Of Change: An Assessment Of The American Bar Association's Ethics 20/20 Commission, Donald E. Campbell
Legal Ethics In A Time Of Change: An Assessment Of The American Bar Association's Ethics 20/20 Commission, Donald E. Campbell
Journal Articles
Bob Dylan sang "Times They are a-Changin'." A line from that song is "you better start swimmin' or you'll sink like a stone." This could easily be the theme of the 2013 Law Review Symposium. The Symposium was about change. Change that has come, is coming, and will (or should) come to the world of legal ethics and professional responsibility-as well as the consequences of refusing to recognize and adapt to change. The Symposium was prompted by work of the American Bar Association's Ethics 20/ 20 Commission, established in 2009 by then President Carolyn B. Lamm. The Commission was tasked …
Lawyers’ Professional Independence: Overrated Or Undervalued?, Bruce A. Green
Lawyers’ Professional Independence: Overrated Or Undervalued?, Bruce A. Green
Faculty Scholarship
This article explores the concept of lawyers’ "professional independence" in the literature of the U.S. legal profession. It begins with some reflections on the conventional meanings of professional independence, which encompasses both the bar’s collective independence to regulate its members and individual lawyers’ independence in the context of professional representations, including independence from clients, on one hand, and independence from third parties, on the other. The article suggests that the professional conduct rules are overly preoccupied with protecting lawyers’ professional independence from the corrupting influences of other professionals. The article then turns to an aspect of professional independence that has …
Unregulated Corporate Internal Investigations: Achieving Fairness For Corporate Constituents, Bruce A. Green, Ellen S. Progdor
Unregulated Corporate Internal Investigations: Achieving Fairness For Corporate Constituents, Bruce A. Green, Ellen S. Progdor
Faculty Scholarship
This article focuses on the relationship between corporations and their employee constituents in the context of corporate internal investigations, an unregulated multi-million dollar business. The classic approach provided in the 1981 Supreme Court opinion, Upjohn v. United States, is contrasted with the reality of modern-day internal investigations that may exploit individuals to achieve a corporate benefit with the government. Attorney-client privilege becomes an issue as corporate constituents perceive that corporate counsel is representing their interests, when in fact these internal investigators are obtaining information for the corporation to barter with the government. Legal precedent and ethics rules provide little relief …
The Crucial But (Potentially) Precarious Position Of The Chief Compliance Officer, Deborah A. Demott
The Crucial But (Potentially) Precarious Position Of The Chief Compliance Officer, Deborah A. Demott
Faculty Scholarship
This Article, written for a symposium on compliance issues in financial-services firms, focuses on the role of the chief compliance officer (“CCO”). Contrasting the position with that held by a firm’s general counsel or Chief Legal Officer (CLO), the article argues that a CCO’s position holds distinct challenges. Additionally, although internal compliance systems and personnel may be characterized as functional substitutes for external regulation, assessing the strengths and weaknesses of internal compliance requires a willingness to look deep within firms. The article argues that the law and regulation may enhance firms’ incentives to invest in effective internal compliance but may …
Internal Compliance Officers In Jeopardy?, Deborah A. Demott
Internal Compliance Officers In Jeopardy?, Deborah A. Demott
Faculty Scholarship
No abstract provided.
Attorney Responsibility And Client Incapacity, Raymond C. O'Brien
Attorney Responsibility And Client Incapacity, Raymond C. O'Brien
Scholarly Articles
This Article suggests what an attorney should consider when representing a client suspected by the attorney of having diminished capacity, anticipating diminished capacity, or a client anticipating a response to the legal dilemmas posed by aging. So too, this Article suggests what an attorney should consider when retained by the family members of an allegedly incapacitate person. After providing demographics regarding aging, this Article will specifically address the attorney-client relationship in the context of the Model Rules of the American Bar Association. Next, this Article will integrate the attorney's responsibility regarding the proper execution of a Last Will and Testament, …
Are Legal Ethics Ethical? A Survey Experiment, Stephen Galoob, Su Li
Are Legal Ethics Ethical? A Survey Experiment, Stephen Galoob, Su Li
Articles, Chapters in Books and Other Contributions to Scholarly Works
Many core questions in legal ethics concern the relationship between ordinary morality and rules of professional conduct that govern lawyers. Do these legal ethics rules diverge from ordinary morality? Is the lawyer's role morally distinctive? Do professional norms establish what the lawyer has most reason to do? Conjectured answers to these questions abound. In this Article, we use methods from moral psychology and experimental philosophy to provide the first systematic, empirical examination of these questions. Results from a survey experiment suggest that legal ethics rules about advocacy and confidentiality diverge from lay moral judgments; that lay judgments do not, in …
Lawyers In The Shadows: The Transactional Lawyer In A World Of Shadow Banking, Steven L. Schwarcz
Lawyers In The Shadows: The Transactional Lawyer In A World Of Shadow Banking, Steven L. Schwarcz
Faculty Scholarship
This article examines how the role of transactional lawyers should change in the new world of shadow banking. Although transactional lawyers should consider the potential systemic consequences of their client's actions, their actions should be tempered by their primary duties to the client and by their responsibilities to the l,egal system more broadly.
An Ethical Duty To Protect One’S Own Information Privacy?, Anita L. Allen
An Ethical Duty To Protect One’S Own Information Privacy?, Anita L. Allen
All Faculty Scholarship
People freely disclose vast quantities of personal and personally identifiable information. The central question of this Meador Lecture in Morality is whether they have a moral (or ethical) obligation (or duty) to withhold information about themselves or otherwise to protect information about themselves from disclosure. Moreover, could protecting one’s own information privacy be called for by important moral virtues, as well as obligations or duties? Safeguarding others’ privacy is widely understood to be a responsibility of government, business, and individuals. The “virtue” of fairness and the “duty” or “obligation” of respect for persons arguably ground other-regarding responsibilities of confidentiality and …
Creative Destruction And The Legal Services & Legal Education Markets, Laurel Terry
Creative Destruction And The Legal Services & Legal Education Markets, Laurel Terry
Faculty Scholarly Works
No abstract provided.
The “Friend”Ly Lawyer: Professionalism And Ethical Considerations Of The Use Of Social Networking During Litigation, Nicola A. Boothe-Perry
The “Friend”Ly Lawyer: Professionalism And Ethical Considerations Of The Use Of Social Networking During Litigation, Nicola A. Boothe-Perry
Journal Publications
Social media use has exploded around the world. The top social networking site (SNS), Facebook, reports that it has more than a billion members with approximately two million friend requests every twenty minutes. Coupled with the other top 15 social networking sites, including Linkedln, Google+, Twitter, and MySpace, the number of social networking users is estimated to exceed 2 billion. With billions of people producing and consuming media content through SNS, there has been a growing trend of law firms' use of SNS as a marketing tool and litigators' inclusion of discovery from SNS as a part of their discovery …
Regulators, Mount Up, Ben L. Trachtenberg
Regulators, Mount Up, Ben L. Trachtenberg
Faculty Publications
Since I began circulating drafts of an article arguing that certain law school officials have exposed themselves to professional discipline by engaging in dishonest marketing tactics, responses have varied considerably. Everyone seems to agree, however, that law school officials should not lie in their pursuit of students. There also appears to be broad consensus that misleading (albeit not intentionally false) marketing—such as systematically skewed salary statistics—is an unfortunate phenomenon, although disagreement remains on just how serious a problem it is and what level of corrective effort is appropriate. In their recently-published response pieces, Kyle McEntee of Law School Transparency (“LST”) …
What Do Clients Want From Their Lawyers?, Clark D. Cunningham
What Do Clients Want From Their Lawyers?, Clark D. Cunningham
Faculty Publications By Year
This working paper assembles empirical data from England, Australia and the United States indicating that individual clients do not evaluate their lawyers - as attorneys frequently assume - primarily in terms of the outcomes achieved. Rather, clients place greater weight on the quality of communication with their lawyers and are often disappointed by failure to listen carefully and explain clearly. The paper concludes with suggestive survey data that organizational clients may have similar views about the large firm lawyers that represent them. The author is the director of the Effective Lawyer-Client Communication Project and the National Institute for Teaching Ethics …
Reflections On Us Policies Regarding Effective Regulation And Discipline And Foreign Lawyer Mobility: Has The Time Come To Talk About The Elephant In The Room, Laurel S. Terry
Faculty Scholarly Works
The ABA has adopted four model policies that address, in one way or another, the issue of foreign lawyer mobility. These policies are the ABA Model Foreign Legal Consultant Rule, which is commonly known as the FLC rule, the ABA Model Rule for Temporary Practice by Foreign Lawyers, which is commonly known as the FIFO rule, ABA Model Rule of Professional Conduct 5.5, which permits foreign lawyers to serve as in-house counsel, and the ABA Model Rule on Pro Hac Vice Admission. All four of the ABA’s foreign lawyer mobility recommendations include a requirement that the mobile foreign lawyer is …
Subverting Brady V. Maryland And Denying A Fair Trial: Studying The Schuelke Report, Bennett L. Gershman
Subverting Brady V. Maryland And Denying A Fair Trial: Studying The Schuelke Report, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
The Schuelke Report about the ill-fated federal prosecution of the late-Senator Ted Stevens is an extraordinary contribution to criminal procedure. No other official documentation or investigative study of a criminal prosecution to my knowledge has dissected and analyzed as carefully and thoroughly the sordid and clandestine actions of a team of prosecutors who zealously wanted to win a criminal conviction at all costs. In examining this Report, one gets the feeling that as the investigation and prosecution of Senator Stevens unfolded, and the prosecution’s theory of guilt unraveled, the prosecutors became indifferent whether the defendant was really guilty; they just …
Transnational Legal Practice (United States), Laurel S. Terry
Transnational Legal Practice (United States), Laurel S. Terry
Faculty Scholarly Works
This article covers three years of Transnational Legal Practice developments in the U.S. (It is the companion article to 47 Int’l Lawyer 485 (2013) which discusses transnational legal practice developments outside of the U.S.) This article begins by briefly reviewing the uncertainty about the future of U.S. legal education and legal services. The next section discusses the proposals and changes that emanated from the ABA Commission on Ethics 20/20, which was tasked with evaluating what changes were needed in light of globalization and technology developments. The third section of this article discusses the Uniform Bar Exam and its implications for …
Law Firm Malpractice Disclosure: Illustrations And Guidelines, Anthony V. Alfieri
Law Firm Malpractice Disclosure: Illustrations And Guidelines, Anthony V. Alfieri
Articles
No abstract provided.
Teaching American Legal History Through Storytelling, Michael S. Ariens
Teaching American Legal History Through Storytelling, Michael S. Ariens
Faculty Articles
Distinct from facts and truths, the power of storytelling can serve as a method of teaching American Legal History. A course in American Legal History can facilitate discussion into whether the rule of law has been the rule or exception in the history of American law. Integral to this overarching story are three storylines that surface throughout the course: the development of law in American political history; the ideological underpinnings of legal doctrine development; and the rise and decline of different approaches to legal thought and their effect on legal education.
The course begins with a chronological overview of the …
The Solicitor General And Confession Of Error, Neal K. Katyal
The Solicitor General And Confession Of Error, Neal K. Katyal
Georgetown Law Faculty Publications and Other Works
Confessions of error have a long history. From the very beginning of the Solicitor General's position, we have had confessions of error.
All Solicitors General-it doesn't matter whether they are appointed by a Republican or a Democrat-have confessed error, roughly at the pace of two to three times per Supreme Court term.
Toward A Jurisprudence Of Law, Peace, Justice, And A Tilt Toward Non-Violent And Empathic Means Of Human Problem Solving, Carrie Menkel-Meadow
Toward A Jurisprudence Of Law, Peace, Justice, And A Tilt Toward Non-Violent And Empathic Means Of Human Problem Solving, Carrie Menkel-Meadow
Georgetown Law Faculty Publications and Other Works
In this essay the author sets out some questions about whether law can be made a site of encouraging more positive, peace seeking, non-violent, and pro-social behaviors. These questions derive from my own family history, as well as from my experience as a social and political activist, and also as a practicing lawyer and legal scholar. She begins in the introduction by setting out these questions in light of current conditions of domestic and international violence and some past considerations of categories of law. In the second section of this essay the author explains where her questions come from—her personal …