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Full-Text Articles in Law

Racial Discrimination In Jury Selection: Professional Misconduct, Not Legitimate Advocacy, Lonnie T. Brown, Jr. Apr 2003

Racial Discrimination In Jury Selection: Professional Misconduct, Not Legitimate Advocacy, Lonnie T. Brown, Jr.

Scholarly Works

This Article examines the paradox between the adversary and disciplinary systems' outward condemnation of discrimination in jury selection and their apparent simultaneous inward acceptance of such conduct as legitimate advocacy.


Professionalism Without Parochialism: Julius Henry Cohen, Rabbi Nachman Of Breslov, And The Stories Of Two Sons, Samuel J. Levine Jan 2003

Professionalism Without Parochialism: Julius Henry Cohen, Rabbi Nachman Of Breslov, And The Stories Of Two Sons, Samuel J. Levine

Scholarly Works

Professor Levine addresses the question of whether the practice of law a business or a profession and looks at sources where practitioners might draw inspiration for ethical behaviors. He examines two works: a 1916 book by Julius Henry Cohen - The Law: Business or Profession?; and a tale by Chasidic master Rabbi Nachman of Breslov. Both works tell the story of two sons from two different fathers with different ethical natures that manifest in their different choices of and approaches to their careers. Professor Levine uses these two parables to suggest that a more inclusive question than those posed above: …


Taking Ethics Codes Seriously: Broad Ethics Provisions And Unenumerated Ethical Obligations In A Comparative Hermeneutic Framework, Samuel J. Levine Jan 2003

Taking Ethics Codes Seriously: Broad Ethics Provisions And Unenumerated Ethical Obligations In A Comparative Hermeneutic Framework, Samuel J. Levine

Scholarly Works

Ethics scholars have documented the increasingly legislative form of twentieth-century ethics regulations, culminating in the enactment and widespread adoption of the Model Rules of Professional Conduct. Nevertheless, pointing to the presence of broad ethics provisions, a number of leading scholars have questioned the extent to which ethics codes can accurately be conceptualized as a form of legislation. Responding to these critiques, Levine aims to take seriously both the legislative form of ethics codes and their interpretation. Toward that aim, he looks to interpretive methodologies employed in American constitutional law and Jewish law to provide both descriptive and normative models for …