Law Commons^™

Enron, Watergate And The Regulation Of The Legal Profession, Arnold Rochvarg

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The most famous scandal of the twentieth century was the Watergate scandal, which most notably led to the resignation of Richard Nixon as President of the United States. The significance of Watergate, however, extends further than the resignation of Nixon. Because Watergate involved so many lawyers, it had a great impact on the regulation of the legal profession. Although the twenty-first century has just started, the strongest contender for this century's most famous scandal is the Enron scandal. Although the Enron scandal is identified mostly with misconduct by accountants and corporate officials, it too involved lawyers and has impacted on …

Gender Bias: Continuing Challenges And Opportunities, Rebecca Korzec

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In 1873 the U.S. Supreme Court denied Myra Bradwell the right to practice law, holding "the paramount destiny and mission of women are to fulfill the noble and benign office of wife and mother." Now, just slightly more a century later, two women sit on the Supreme Court, and almost half of all law students and law school faculty are women.

Introduction, Joel K. Goldstein

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The Richard J. Childress Memorial Lecture has become the highpoint of the academic year at Saint Louis University School of Law. The Lecture, which honors the memory of a long-time dean and member of our faculty,[1] has been delivered each fall beginning in 2000 by a distinguished scholar on an important legal subject. Dean Jeffrey Lewis’s vision of the program was not simply to produce a typical speech on an academic topic, but to commission a preeminent scholar to write a substantial article on a critical issue and to invite responses from other thoughtful scholars and activists. Our Law Journal …

The Implications Of Transition Theory For Stare Decisis, Jill E. Fisch

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No abstract provided.

No Other Gods: Answering The Call Of Faith In The Practice Of Law, Howard Lesnick

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No abstract provided.

The Real-World Shift In Criminal Procedure, Stephanos Bibas

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No abstract provided.

The Qualified Legal Compliance Committee: Using The Attorney Conduct Rules To Restructure The Board Of Directors, Jill E. Fisch, Caroline M. Gentile

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The Securities and Exchange Commission introduced a new corporate governance structure, the qualified legal compliance committee, as part of the professional standards of conduct for attorneys mandated by the Sarbanes-Oxley Act of 2002. QLCCs are consistent with the Commission’s general approach to improving corporate governance through specialized committees of independent directors. This Article suggests, however, that assessing the benefits and costs of creating QLCCs may be more complex than is initially apparent. Importantly, QLCCs are unlikely to be effective in the absence of incentives for active director monitoring. This Article concludes by considering three ways of increasing these incentives.

Bringing Moral Values Into A Flawed Plea Bargaining System, Stephanos Bibas

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No abstract provided.

Is There A Role For Lawyers In Preventing Future Enrons?, Jill E. Fisch, Kenneth M. Rosen

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Following the collapse of the Enron Corporation, the ethical obligations of corporate attorneys have received increased scrutiny. The Sarbanes-Oxley Act of 2002, enacted in response to calls for corporate reform, specifically requires the Securities and Exchange Commission to address the lawyer’s role by requiring covered attorneys to “report up” evidence of corporate wrongdoing to key corporate officers, and, in some circumstances, to the board of directors. Failure to “report up” subjects a lawyer to liability under federal law.

This Article argues that the reporting up requirement reflects a second-best approach to corporate governance reform. Rather than focusing on the actors …