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Full-Text Articles in Law
When People Are The Means: Negotiating With Respect, Jonathan R. Cohen
When People Are The Means: Negotiating With Respect, Jonathan R. Cohen
UF Law Faculty Publications
Most scholarship on negotiation ethics has focused on the topics of deception and disclosure. In this Article, I argue for considering a related, but distinct, ethical domain within negotiation ethics. That domain is the ethics of orientation. In contrast to most forms of human interaction, a clear purpose of negotiation is to get the other party to take an action on one's behalf, or at least to explore that possibility. This gives rise to a core ethical tension in negotiation that I call the object-subject tension: how does one reconcile the fact that the other party is a potential means …
The Ermine And Woolsack: Disciplinary Proceedings Involving Judges, Attorney-Magistrates, And Other Judicial Figures, David R. Cleveland, Jason Masimore
The Ermine And Woolsack: Disciplinary Proceedings Involving Judges, Attorney-Magistrates, And Other Judicial Figures, David R. Cleveland, Jason Masimore
Law Faculty Publications
No abstract provided.
Alternative Dispute Resolution And The Occupational Safety And Health Review Commission: Settlement Judges And Simplified Proceedings, Morell E. Mullins Sr.
Alternative Dispute Resolution And The Occupational Safety And Health Review Commission: Settlement Judges And Simplified Proceedings, Morell E. Mullins Sr.
Faculty Scholarship
No abstract provided.
Bringing Ohio's Legal Ethics Into The 21st Century, Lloyd B. Snyder
Bringing Ohio's Legal Ethics Into The 21st Century, Lloyd B. Snyder
Law Faculty Articles and Essays
The time has come for Ohio to replace the Code of Professional Responsibility with a set of standards based on the Model Rules of Professional Conduct. The author offers seven reasons for doing so.
Presidential Ethics: Should A Law Degree Make A Difference?, Nancy B. Rapoport
Presidential Ethics: Should A Law Degree Make A Difference?, Nancy B. Rapoport
Scholarly Works
Two of the nation's most controversial presidents, Nixon and Clinton, were both lawyers, and both of them had ethics-related problems while in office. This essay reviews whether any model ethics rules force lawyer-presidents to behave at a higher standard than non-lawyer-presidents; then it discusses the implications for legal education if we really do want lawyers to go above and beyond the norm of behavior.
Uni-State Lawyers And Multinational Practice: Dealing With International, Transnational, And Foreign Law, Ronald A. Brand
Uni-State Lawyers And Multinational Practice: Dealing With International, Transnational, And Foreign Law, Ronald A. Brand
Articles
This article addresses how a lawyer may ethically engage in a transnational practice given the current structure of state-by-state bar admission. Part II examines the ethical pitfalls of a transnational practice, including an examination of applicable APA Model Rules of Professional Conduct. This section also addresses different tests for determining whether a lawyer has committed the unauthorized practice of law. Part III makes use of examples to illustrate the legal framework for determining whether a lawyer has committed the unauthorized practice of law. In Part IV, the author concludes by making suggestions for how to better address the ethical dilemma …
Full Legal Representation For The Poor: The Clash Between Lawyer Values And Client Worthiness, Michelle S. Jacobs
Full Legal Representation For The Poor: The Clash Between Lawyer Values And Client Worthiness, Michelle S. Jacobs
UF Law Faculty Publications
This article seeks to expand the scope of our understanding of values and their connection to the work of poverty lawyers. The article explores the literature on poverty and moral worthiness. In order to bring clarity to the discussion, it examines social science research on defining "values" and detailing how they can affect behavior. Prof. Jacobs describes the reactions of clinical students to a classroom exercise, which asked them to describe the legal representation they would provide to hypothetical clients. This article describes how the link between students' values and broader societal beliefs affect the practices of the bar and …