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Series

1999

Legal Ethics and Professional Responsibility

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Articles 1 - 30 of 72

Full-Text Articles in Law

New Ethics Rules For The New Millennium, Dennis W. Dohnal, John Levy Dec 1999

New Ethics Rules For The New Millennium, Dennis W. Dohnal, John Levy

William & Mary Annual Tax Conference

No abstract provided.


Liberating Lawyers: Diverging Parallels In Intruder In The Dust And To Kill A Mockingbird, Rob Atkinson Dec 1999

Liberating Lawyers: Diverging Parallels In Intruder In The Dust And To Kill A Mockingbird, Rob Atkinson

Scholarly Publications

Professor Atkinson hopes William Faulkner’s Intruder in the Dust will replace Harper Lee’s To Kill a Mockingbird as our favorite story of lawyerly virtue. In both stories, a white male lawyer and his protégé try to free a black man falsely accused of a capital crime. But below these superficial similarities, Professor Atkinson finds fundamental differences. To Kill a Mockingbird, with its father-knows-best attorney, Atticus Finch, celebrates lawyerly paternalism; Intruder in the Dust, through its aristocratic black hero, Lucas Beauchamp, and his lay allies, challenges the rule of lawyers, if not law itself. The first urges us to ...


If Deliberative Democracy Is The Solution, What Is The Problem?, Emily Hauptmann Nov 1999

If Deliberative Democracy Is The Solution, What Is The Problem?, Emily Hauptmann

Center for the Study of Ethics in Society Papers

Presented March 18, 1999 for the Center for the Study of Ethics in Society.


Br'er Rabbit Professionalism: A Homily On Moral Heroes And Lawyerly Mores, Rob Atkinson Oct 1999

Br'er Rabbit Professionalism: A Homily On Moral Heroes And Lawyerly Mores, Rob Atkinson

Scholarly Publications

No abstract provided.


Lawyering In Law's Republic: William Simon's The Practice Of Justice: A Theory Of Lawyers' Ethics, Rob Atkinson Oct 1999

Lawyering In Law's Republic: William Simon's The Practice Of Justice: A Theory Of Lawyers' Ethics, Rob Atkinson

Scholarly Publications

No abstract provided.


Public Values And Professional Responsibility, W. Bradley Wendel Oct 1999

Public Values And Professional Responsibility, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.


Gun Control, Hugh Lafollette Oct 1999

Gun Control, Hugh Lafollette

Center for the Study of Ethics in Society Papers

Presented October 22, 1998 for the Center for the Study of Ethics in Society.


Tax Lawyers, Ethical Obligations, And The Duty To The System, Watson May 1999

Tax Lawyers, Ethical Obligations, And The Duty To The System, Watson

Scholarly Works

Perhaps the most elusive area of law is that of legal ethics. While the term itself is easy to define,' the subject all but defies codification because ethics, or morals (the terms are interchangeable), cannot be encapsulated by or in law. This is because law, in general, contains its own standard of validity on which there is usually clear societal consensus. For example, murder, rape, and theft are morally repugnant universally. Hence, punishment for any of these offenses does not impinge upon religious or individual autonomy because there is no ethical freedom to choose whether or not to engage in ...


Lawyer Collaboration With Systems Of Evil, Roger Williams University School Of Law Apr 1999

Lawyer Collaboration With Systems Of Evil, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


The New Casuistry, Paul R. Tremblay Apr 1999

The New Casuistry, Paul R. Tremblay

Boston College Law School Faculty Papers

No abstract provided.


Safeguarding The Heritage, Daniel R. Coquillette Mar 1999

Safeguarding The Heritage, Daniel R. Coquillette

Boston College Law School Faculty Papers

No abstract provided.


Lying To Protect Privacy, Anita L. Allen Jan 1999

Lying To Protect Privacy, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.


Prosecuting Race, Anthony V. Alfieri Jan 1999

Prosecuting Race, Anthony V. Alfieri

Articles

Theoreticians and practitioners in the American criminal justice system increasingly debate the role of racial identity, racialized narratives, and race-neutral representation in law, lawyering, and ethics.

This debate holds special bearing on the growing prosecution and defense of acts of racially motivated violence. In this continuing investigation of the prosecution and defense of such violence, Professor Alfieri examines the recent federal prosecution of five white New York City police officers charged with assaulting Abner Louima, a young male Haitian immigrant, in 1997. Professor Alfieri presents a race conscious, community-oriented model of prosecutorial discretion guided by constitutional precepts, citizenship ideals, professionalism ...


Lies And Law, Robert F. Nagel Jan 1999

Lies And Law, Robert F. Nagel

Articles

No abstract provided.


A Basic Concern For Process: Commentary On Quo Vadis, Prospective Overruling, James R. Mccall Jan 1999

A Basic Concern For Process: Commentary On Quo Vadis, Prospective Overruling, James R. Mccall

Faculty Scholarship

No abstract provided.


Minnesota V. Philip Morris, Inc.: An Important Legal Ethics Message Which Neglects The Public Interest In Product Safety Research, James R. Mccall, Edward J. Imwinkelried Jan 1999

Minnesota V. Philip Morris, Inc.: An Important Legal Ethics Message Which Neglects The Public Interest In Product Safety Research, James R. Mccall, Edward J. Imwinkelried

Faculty Scholarship

No abstract provided.


Comment On Professor Roth's Reply, James R. Mccall Jan 1999

Comment On Professor Roth's Reply, James R. Mccall

Faculty Scholarship

No abstract provided.


Corporate-Family Conflicts, Charles W. Wolfram Jan 1999

Corporate-Family Conflicts, Charles W. Wolfram

Cornell Law Faculty Publications



Prying, Spying, And Lying: Intrusive Newsgathering And What The Law Should Do About It, Lyrissa Barnett Lidsky Jan 1999

Prying, Spying, And Lying: Intrusive Newsgathering And What The Law Should Do About It, Lyrissa Barnett Lidsky

UF Law Faculty Publications

The media's use of intrusive newsgathering techniques poses an increasing threat to individual privacy. Courts currently resolve the overwhelming majority of conflicts in favor of the media. This is not because the First Amendment bars the imposition of tort liability on the media for its newsgathering practices. It does not. Rather, tort law has failed to seize the opportunity to create meaninful privacy protection. After surveying the economic, philosophical, and practical obstacles to reform, this Article proposes to rejuvenate the tort of intrusion to tip the balance between privacy and the press back in privacy's direction. Working within ...


In-House Live-Client Clinical Programs: Some Ethical Issues, James E. Moliterno Jan 1999

In-House Live-Client Clinical Programs: Some Ethical Issues, James E. Moliterno

Faculty Publications

No abstract provided.


Living "Top-Down" In A "Bottom-Up" World: Musings On The Relationship Between Jewish Ethics And Legal Ethics, Nancy B. Rapoport Jan 1999

Living "Top-Down" In A "Bottom-Up" World: Musings On The Relationship Between Jewish Ethics And Legal Ethics, Nancy B. Rapoport

Scholarly Works

This article discusses the differences between how Jewish ethics are disseminated and how legal ethics are created, and it walks the reader through some classic examples of the conflicts between the two.


Representing Defendants On Charges Of Economic Crime: Unethical When Done For A Fee, David Orentlicher Jan 1999

Representing Defendants On Charges Of Economic Crime: Unethical When Done For A Fee, David Orentlicher

Scholarly Works

No abstract provided.


Endangering Individual Autonomy In Choice Of Lawyers And Trustees–Misconceived Conflict Of Interest Claims In The Kamehameha Schools Bishop Estate Litigation, James R. Mccall Jan 1999

Endangering Individual Autonomy In Choice Of Lawyers And Trustees–Misconceived Conflict Of Interest Claims In The Kamehameha Schools Bishop Estate Litigation, James R. Mccall

Faculty Scholarship

No abstract provided.


1998 Survey Of Ethics In Land-Use Planning, Patricia E. Salkin Jan 1999

1998 Survey Of Ethics In Land-Use Planning, Patricia E. Salkin

Scholarly Works

No abstract provided.


A Primer On Mdps: Should The No Rule Become A New Rule, Laurel Terry Jan 1999

A Primer On Mdps: Should The No Rule Become A New Rule, Laurel Terry

Faculty Scholarly Works

This article is the second of four major articles or book chapters that I have written about MDPs. "MDPs" refers to multidisciplinary partnerships or multidisciplinary practices between lawyers and nonlawyers. Prior to 1998, virtually all U.S. states had lawyer discipline rules that prohibited a lawyer from sharing legal fees with a nonlawyer or practicing law in partnership with a nonlawyer. In 1998, however, the American Bar Association created a Commission on Multidisciplinary Practice to reconsider these rules. One impetus for the creation of this Commission was the increasingly large numbers of lawyers who were working for the Big 5 ...


A Proposal To Require Lawyers To Disclose Information About Procedural Matters, William H. Fortune Jan 1999

A Proposal To Require Lawyers To Disclose Information About Procedural Matters, William H. Fortune

Law Faculty Scholarly Articles

In the absence of a rule clearly requiring disclosure, a lawyer is obligated not to disclose information which is adverse to the interests of a client. However, judges should be able to expect lawyers to disclose information about procedural matters. This Article argues that Model Rule of Professional Conduct 3.3 should be amended to require disclosure of information about procedural matters. Part I describes the events in Potter v. Eli Lilly & Co., a case involving a secret settlement related to Prozac. Part II makes the argument for a rule requiring disclosure of procedural information. Part III describes how such ...


Personal Fulfillment In The Changing World Of Law Practice: Opportunities And Obstacles, Howard Lesnick Jan 1999

Personal Fulfillment In The Changing World Of Law Practice: Opportunities And Obstacles, Howard Lesnick

Faculty Scholarship at Penn Law

No abstract provided.


Preempting Oneself: The Right And The Duty To Forestall One's Own Wrongdoing, Leo Katz Jan 1999

Preempting Oneself: The Right And The Duty To Forestall One's Own Wrongdoing, Leo Katz

Faculty Scholarship at Penn Law

No abstract provided.


Renewed Introspection And The Legal Profession, Eugene R. Gaetke Jan 1999

Renewed Introspection And The Legal Profession, Eugene R. Gaetke

Law Faculty Scholarly Articles

As the twentieth century draws to a close, the legal profession again immersed in a process of self-assessment, reflection, and reform. Operating on several fronts, various constituent elements of the bar have recently completed or have underway significant projects relating to the law of lawyering.

Two efforts stand out in particular. For more than a decade, the American Law Institute has labored in the production of a new Restatement of the Law Governing Lawyers, and the organization stands now on the brink of that monumental work's publication. Equally significant, the American Bar Association has again undertaken a comprehensive review ...


A Proposal To Require Lawyers To Disclose Information About Procedural Matters, William H. Fortune Jan 1999

A Proposal To Require Lawyers To Disclose Information About Procedural Matters, William H. Fortune

Law Faculty Scholarly Articles

In the absence of a rule clearly requiring disclosure, a lawyer is obligated not to disclose information which is adverse to the interests of a client. However, judges should be able to expect lawyers to dislose information about procedural matters. This Article argues that Model Rule of Professional Conduct 3.3 should be amended to require disclosure of information about procedural matters. Part I describes the events in Potter v. Eli Lilly & Co., a case involving a secret settlement related to Prozac. Part II makes the argument for a rule requiring disclosure of procedural information. Part III describes how such ...