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Articles 1 - 7 of 7
Full-Text Articles in Law
Arthur D. Austin, Erik M. Jensen
Arthur D. Austin, Erik M. Jensen
Faculty Publications
“Arthur D. Austin,” 62 Case Western Reserve Law Review 3 (211), “Henry King,” 6 Case Western Reserve Law Review 63 (21), “Professor Morris Shanker,” 61 Case Western Reserve Law Review 13 (21). These are tributes to three professors who had an enormous impact on the Case Western Reserve University School of Law and on the larger society: Arthur Austin, distinguished antitrust scholar, observer of the legal-academic scene, and Faulkner fanatic; Henry King, who combined expertise in business law with a passion for international law and human rights (honed during his time as a Nuremberg prosecutor); and Morry Shanker, a preeminent …
Investigative Deceit, Kevin C. Mcmunigal
Investigative Deceit, Kevin C. Mcmunigal
Faculty Publications
Is it ever ethical for a lawyer to ask or assist another person to lie on behalf of a client? Despite ethical rules categorically banning both personal and vicarious deceit, prosecutors routinely supervise police officers and informants who use deceit in investigating drug and sex offenses, organized crime, and terrorism. May defense lawyers make use of investigative deceit in criminal investigations? In this Essay, the Author examines this issue, the ethical rules bearing on it, and the recent trend in a number of jurisdictions allowing the use of investigative deceit by the defense. Drawing on his participation in a series …
Confidentiality And Claims Of Ineffective Assistance, Peter A. Joy, Kevin C. Mcmunigal
Confidentiality And Claims Of Ineffective Assistance, Peter A. Joy, Kevin C. Mcmunigal
Faculty Publications
This column discusses what a defense lawyer should do when called upon to reveal client information in response to an ineffective assistance of counsel claim.
Contingent Rewards For Prosecutors?, Peter A. Joy, Kevin C. Mcmunigal
Contingent Rewards For Prosecutors?, Peter A. Joy, Kevin C. Mcmunigal
Faculty Publications
This column explores whether contingent reward plans for prosecutors are ethical. After weighing arguments in favor and against such plans, the column concludes that rewards for prosecutors contingent on trial convictions are unsound.
A Tribute To Professor Arthur Austin, Leon Gabinet
A Tribute To Professor Arthur Austin, Leon Gabinet
Faculty Publications
Tribute to Author Austin
The Problems Of Plagiarism As An Ethics Offense, Peter A. Joy, Kevin C. Mcmunigal
The Problems Of Plagiarism As An Ethics Offense, Peter A. Joy, Kevin C. Mcmunigal
Faculty Publications
This column questions the practices of labeling attorney copying, even without acknowledgement, as plagiarism, and treating it as a per se ethics violation. Instead, the column argues that analysis of copying in the litigation context should focus directly on the quality of the filing at issue and the competence and diligence of the lawyer who prepared it.
A Collaborative Model Of Offshore Legal Outsourcing, Cassandra Burke Robertson
A Collaborative Model Of Offshore Legal Outsourcing, Cassandra Burke Robertson
Faculty Publications
International outsourcing has come to the legal profession. The ABA and other bar associations have given it their stamp of approval, and an ailing economy has pushed both clients and firms to consider sending more legal work abroad. This article integrates research from the fields of organizational behavior, social psychology, and economic theory to analyze the effectiveness of the legal outsourcing relationship. It identifies organizational pressures in the practice of law that affect how legal work is performed in a transnational context, and it examines how individuals on both sides of the outsourcing process influence the success or failure of …