Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Pennsylvania Carey Law School (6)
- Columbia Law School (5)
- University of Arkansas at Little Rock William H. Bowen School of Law (3)
- University of Florida Levin College of Law (3)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (3)
-
- William & Mary Law School (3)
- Cornell University Law School (2)
- Georgetown University Law Center (2)
- Georgia State University College of Law (2)
- Mitchell Hamline School of Law (2)
- Penn State Law (2)
- University of Michigan Law School (2)
- University of New Hampshire (2)
- University of San Diego (2)
- American University Washington College of Law (1)
- Brooklyn Law School (1)
- Chapman University (1)
- Florida International University College of Law (1)
- Fordham Law School (1)
- Notre Dame Law School (1)
- Nova Southeastern University (1)
- Pace University (1)
- Penn State Dickinson Law (1)
- Rhode Island College (1)
- Sacred Heart University (1)
- Southern Methodist University (1)
- St. Mary's University (1)
- The Catholic University of America, Columbus School of Law (1)
- University of Baltimore Law (1)
- University of Colorado Law School (1)
- Keyword
-
- Ethics (15)
- Legal ethics (9)
- Professional Ethics (7)
- Professional responsibility (7)
- Legal Ethics (6)
-
- Dispute resolution (5)
- Criminal Law and Procedure (3)
- Legal Profession (3)
- Adjudication (2)
- Arbitration (2)
- Conflicts of interest (2)
- Constitutional Law (2)
- International (2)
- Judges (2)
- Lawyering theory (2)
- Lawyers (2)
- Legal profession (2)
- Moral pluralism (2)
- Negotiation (2)
- Political theory (2)
- Professional conduct (2)
- Texas Law Review (2)
- Unpublished (2)
- Watergate (2)
- 21st century law (1)
- 32 Canons of Ethics (1)
- ABA (1)
- ABA Model Code of Professional Responsibility (1)
- ABA Model Rules of Professional Conduct (1)
- ABA President Lewis F. Powell (1)
- Publication
-
- Faculty Scholarship (14)
- All Faculty Scholarship (7)
- Faculty Publications (7)
- Journal Articles (3)
- UF Law Faculty Publications (3)
-
- Cornell Law Faculty Publications (2)
- Faculty Publications By Year (2)
- Georgetown Law Faculty Publications and Other Works (2)
- Law Faculty Scholarship (2)
- Scholarly Articles (2)
- Scholarly Works (2)
- Articles in Law Reviews & Other Academic Journals (1)
- Book Chapters (1)
- Center for the Study of Ethics in Society Papers (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Articles (1)
- Faculty Articles and Papers (1)
- Faculty Journal Articles and Book Chapters (1)
- Faculty Law Review Articles (1)
- Faculty Scholarly Works (1)
- Faculty Works (1)
- Law Faculty Articles and Research (1)
- Law Faculty Research Publications (1)
- Nevada Supreme Court Summaries (1)
- Other Publications (1)
- Philosophy, Theology and Religious Studies Faculty Publications (1)
- Publications (1)
- University of San Diego Law and Economics Research Paper Series (1)
- University of San Diego Public Law and Legal Theory Research Paper Series (1)
Articles 31 - 60 of 64
Full-Text Articles in Law
Regulating International Arbitrators: A Functional Approach To Developing Standards Of Conduct, Catherine A. Rogers
Regulating International Arbitrators: A Functional Approach To Developing Standards Of Conduct, Catherine A. Rogers
Journal Articles
Some scholars have protested that arbitrators are subject to less exacting regulation than barbers and taxidermists. The real problem with international arbitrators, however, is not that they are subject to less regulation, but that no one agrees about how they should be regulated. The primary reason for judicial and scholarly disagreement is that, instead of a coherent theory, analysis of arbitrator conduct erroneously relies on a misleading judicial referent and a methodologic failure to separate conduct standards (meaning those norms or rules that guide arbitrators' professional conduct) from enforcement standards (meaning those narrow grounds under which an arbitral award can …
Grounding Normative Assertions: Arthur Leff's Still Irrefutable, But Incomplete, "Sez Who?" Critique, Samuel W. Calhoun
Grounding Normative Assertions: Arthur Leff's Still Irrefutable, But Incomplete, "Sez Who?" Critique, Samuel W. Calhoun
Scholarly Articles
The late Professor Arthur Leff believed that standard methods for grounding normative assertions fail to provide a solid foundation for moral judgment because none provides a satisfactory answer to what Leff called the grand 'sez who?' - a universal taunt by which a skeptic may challenge the standing/competency of the speaker to make authoritative moral assessments. Leff argued that as a matter of logic no system of morals premised in mankind alone ever could withstand the taunt. His provocative conclusion was that the only unchallengeable response to the grand 'sez who?' is God sez.
This Article demonstrates the continued relevance …
Corporate Responsibility: Ensuring Independent Judgment Of The General Counsel - A Look At Stock Options, Z. Jill Barclift
Corporate Responsibility: Ensuring Independent Judgment Of The General Counsel - A Look At Stock Options, Z. Jill Barclift
Faculty Scholarship
Recent corporate scandals and allegations of corporate fraud in public companies have most people asking how things went so wrong. When looking to assess blame for corporate malfeasance, many ask, “Where were the lawyers?” In several high-profile corporate fraud investigations, outside and in-house lawyers were criticized for not doing more to prevent corporate executives from violating the law, and several general counsels were charged with criminal misconduct by state and federal authorities. Why would the general counsel of a public corporation risk his or her career, reputation, and criminal prosecution to assist executives in perpetuating corporate fraud? The answer may …
Lawyers, Justice And The Challenge Of Moral Pluralism, Kate Kruse
Lawyers, Justice And The Challenge Of Moral Pluralism, Kate Kruse
Faculty Scholarship
The debate over whether it serves or undermines the interests of justice for lawyers to temper the zeal of their advocacy based on considerations of morality or justice has largely been polarized between two camps: traditionalists and moralists. Traditionalists defend the amoral role of lawyers, arguing that lawyers should remain moral neutral in their representation of clients. Moralists propose alternative social justice lawyering models, which urge lawyers' morally engagement in their choice of clients, their interpretation of law, and their counseling of clients.
This article revisits the debate by recasting the question at its center. Instead of inquiring what a …
The Ethics Of Copyrighting Ethics Rules, Michael S. Ariens
The Ethics Of Copyrighting Ethics Rules, Michael S. Ariens
Faculty Articles
The American Bar Association’s (“ABA”) practice of requiring students to purchase the Model Rules of Professional Conduct is exploitative and unethical. The ABA uses its role in training lawyers to create a situation which all but requires law students and bar applicants to purchase the organization’s own Model Rules. The fact that the Model Rules constitute a substantial revenue stream for the ABA is due less to lawyers’ desire to brush up on Model Rules of Professional Conduct, which are not laws, than to the ABA's direct role in approving law schools and its indirect role in licensing lawyers.
Law …
Genocide And The Eroticization Of Death: Law, Violence, And Moral Purity, Tawia Baidoe Ansah
Genocide And The Eroticization Of Death: Law, Violence, And Moral Purity, Tawia Baidoe Ansah
Faculty Publications
In this article, I ask: What is the relationship between law and morality in response to mass violence and suffering abroad? How does law shape and determine our moral response to mass death and suffering? We repose in the law itself a desire to define the moral and the ethical parameters of legal-political action. Thus, when faced with mass violence and suffering abroad, law functions as a proxy for morality. The legal prohibition under the Genocide Convention defines morality, or cabins the variety of moral responses into a single and universally applicable ethical-legal norm of response to genocide. The moral …
Greed Among American Lawyers, Lisa G. Lerman
The Pedagogical Significance Of The Bush Stem Cell Policy: A Window Into Bioethical Regulation In The United States (President George W. Bush, Fifth Anniversary Essay Collection), O. Carter Snead
Journal Articles
The enormous significance of the Bush stem cell funding policy has been evident since its inception. The announcement of the policy on August 9, 2001 marked the first time a U.S. president had ever taken up a matter of bioethical import as the sole subject of a major national policy address. Indeed, the August 9th speech was the President's first nationally televised policy address of any kind. Since then, the policy has been a constant focus of attention and discussion by political commentators, the print and broadcast media, advocacy organizations, scientists, elected officials, and candidates for all levels of office …
The Academic Expert Before Congress: Observations And Lessons From Bill Van Alstyne's Testimony, Neal Devins
The Academic Expert Before Congress: Observations And Lessons From Bill Van Alstyne's Testimony, Neal Devins
Faculty Publications
No abstract provided.
Keeping Up Appearances: A Process-Oriented Approach To Judicial Recusal, Amanda Frost
Keeping Up Appearances: A Process-Oriented Approach To Judicial Recusal, Amanda Frost
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Attorney Liability Under The State Securities Laws: Landscapes And Minefields, Marc I. Steinberg, Chris Classen
Attorney Liability Under The State Securities Laws: Landscapes And Minefields, Marc I. Steinberg, Chris Classen
Faculty Journal Articles and Book Chapters
Attorneys face significant liability exposure under the state securities laws, and they can be held primarily liable when they are "sellers" of securities, or under some state statutes, like California, when they are experts. Depending on the applicable jurisdiction and counsel's status relative to the subject client, secondary liability may be incurred. In a number of states, counsel has liability exposure based on materially aiding the primary violator with the requisite intent.
This article surveys and analyzes attorney liability under state securities law. After presenting a succinct overview of applicable state law in Part II, the article then provides a …
Prosecutorial Ethics And Victims' Rights: The Prosecutor's Duty Of Neutrality, Bennett L. Gershman
Prosecutorial Ethics And Victims' Rights: The Prosecutor's Duty Of Neutrality, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
In recent years, enhanced legal protections for victims has caused victims to become increasingly involved in the criminal justice process, often working closely with prosecutors. In this Article, Professor Gershman analyzes the potential challenges to prosecutors' ethical duties that victims'participation may bring and suggests appropriate responses.
Introduction -- 21st Century Law, Technology, And Ethics: The Lawyer's Role As A Public Citizen, Irma S. Russell
Introduction -- 21st Century Law, Technology, And Ethics: The Lawyer's Role As A Public Citizen, Irma S. Russell
Faculty Law Review Articles
The author addresses how modern developments in technology and the law bring with them the need for reassessment of the vision of the lawyer as a public citizen in this introduction to the University of Memphis Law Review issue on the symposium, 21st Century Law, Technology and Ethics: The Lawyer's Role as a Public Citizen.
U.S. Legal Ethics: The Coming Of Age Of Global And Comparative Perspectives, Laurel Terry
U.S. Legal Ethics: The Coming Of Age Of Global And Comparative Perspectives, Laurel Terry
Faculty Scholarly Works
This Article reviews the influence of comparative law during the past 100 years and then divides the last 100 years into three distinct comparative legal ethics eras. The first era consists of the time period between 1904 and 1973, during which there was both domestic and comparative legal ethics scholarship, although a relatively small amount compared to later years. The second time period, which dates from 1974, when legal ethics became a required course, to 1997, represents the coming of age of domestic legal ethics scholarship. This time period also included a significant amount of legal ethics scholarship employing a …
Lawyers' Bargaining Ethics, Contract, And Collaboration: The End Of The Legal Profession And The Beginning Of Professional Pluralism, Scott R. Peppet
Lawyers' Bargaining Ethics, Contract, And Collaboration: The End Of The Legal Profession And The Beginning Of Professional Pluralism, Scott R. Peppet
Publications
This Article combines contractarian economics and traditional ethical theory to argue for a radical revision of the legal profession's codes of ethics. That revision would end the legal profession as we know it-one profession, regulated by one set of ethical rules that apply to all lawyers regardless of circumstance. It would replace the existing uniform conception of the lawyer's role with a more heterogeneous profession in which lawyers and clients could contractually choose the ethical obligations under which they wanted to operate. This "contract model" of legal ethics, in which lawyers could opt in and out of various ethical constraints, …
Lawyers, Justice And The Challenge Of Moral Pluralism, Katherine R. Kruse
Lawyers, Justice And The Challenge Of Moral Pluralism, Katherine R. Kruse
Scholarly Works
The debate over whether it serves or undermines the interests of justice for lawyers to temper the zeal of their advocacy based on considerations of morality or justice has largely been polarized between two camps: traditionalists and moralists. Traditionalists defend the amoral role of lawyers, arguing that lawyers should remain moral neutral in their representation of clients. Moralists propose alternative social justice lawyering models, which urge lawyers' morally engagement in their choice of clients, their interpretation of law, and their counseling of clients.
This article revisits the debate by recasting the question at its center. Instead of inquiring what a …
Religious Lawyering's Second Wave, Russell G. Pearce, Amelia J. Uelmen
Religious Lawyering's Second Wave, Russell G. Pearce, Amelia J. Uelmen
Faculty Scholarship
Since the mid-1990s, the "religious lawyering movement" has expanded dramatically, receiving greater attention within the academy and the bar. As the movement enters what we term its "second wave" of development, this essay begins with a look back to its "first wave" of path-breaking scholarship and its gradual shift toward more institutionalized structures and programs. It argues that the predominant characteristic of first-wave religious lawyering scholarship was to claim a space within the professional conversation for lawyers to bring religious values to bear on their work. The essay then predicts that in the second wave religious lawyering conversations and scholarship …
Professional Responsibility Redesigned: Sparking A Dialogue Between Students And The Bar, Lois R. Lupica
Professional Responsibility Redesigned: Sparking A Dialogue Between Students And The Bar, Lois R. Lupica
Faculty Publications
In recent years, there have been many public and private, formal and informal complaints about the behavior of lawyers. Moreover, lawyers' tenuous reputation for honesty and integrity has been tarnished by recent, well-publicized scandals. The public, as well as members of the bench and bar, have further decried a decline in attorney professionalism. More than once, it has been suggested that in some way, failings of law schools are to blame. In response to these observations about the professional behavior of lawyers and as a result of the author's experiences of teaching a traditional, Socratic-method Professional Responsibility class for many …
Truth Machines And Consequences: The Light And Dark Sides Of 'Accuracy' In Criminal Justice, Seth F. Kreimer
Truth Machines And Consequences: The Light And Dark Sides Of 'Accuracy' In Criminal Justice, Seth F. Kreimer
All Faculty Scholarship
No abstract provided.
Law, Ethics And Mystery, Geoffrey C. Hazard Jr.
Law, Ethics And Mystery, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
"Lawyers For Lawyers": The Emerging Role Of Law Firm Legal Counsel, Geoffrey C. Hazard Jr.
"Lawyers For Lawyers": The Emerging Role Of Law Firm Legal Counsel, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
Summary Of Waid V. Eighth Judicial Dist. Court, Chris Orme
Summary Of Waid V. Eighth Judicial Dist. Court, Chris Orme
Nevada Supreme Court Summaries
Vestin Funds sought compensation on a loan from the guarantors of the loan Frederick Waid and M. Nafees. Waid and Nafees retained Noel Gage as their attorney. Gage, however, had previously represented the CEO of Vestin in previous litigation. Nevada prohibits a lawyer from representing a party that is adverse to the interests the lawyer’s current client if the matters are substantially related. To determine “substantially related” the court adopted a three-part test from the Seventh Circuit and applied it to Gage. The court upheld the decision of the lower court.
The Post-Enron Identity Crisis Of The Business Lawyer, William H. Simon
The Post-Enron Identity Crisis Of The Business Lawyer, William H. Simon
Faculty Scholarship
The practices and institutions of business lawyering are undergoing a reassessment and revision as radical as anything that has occurred since the late nineteenth century, when the modern professional association and the modern corporate law firm were born. The pace of change has intensified,but its directions remain contested. The articles in this colloquium depict a corporate bar torn between competing role conceptions along a variety of dimensions.
Lawyers As Upholders Of Human Dignity (When They Aren't Busy Assaulting It), David Luban
Lawyers As Upholders Of Human Dignity (When They Aren't Busy Assaulting It), David Luban
Georgetown Law Faculty Publications and Other Works
David Luban argues in this lecture that the moral foundation of the lawyer's profession lies in the defense of human dignity-and the chief moral danger facing the profession arises when lawyers assault human dignity rather than defend it. The concept of human dignity has a rich philosophical tradition, with some philosophers identifying human dignity as a metaphysical property of individuals-a property such as having a soul, or possessing autonomy. Luban argues instead that human dignity is a relational property of "the dignifier" and "the dignified," emphasizing that assaulting human dignity humiliates the victim. Lawyers honor the human dignity of others …
Advertising And Intermediaries In Provision Of Legal Services: Bates In Retrospect And Prospect, Geoffrey C. Hazard Jr.
Advertising And Intermediaries In Provision Of Legal Services: Bates In Retrospect And Prospect, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
The Challenge Of Ethical Political Leadership, Brian Stiltner
The Challenge Of Ethical Political Leadership, Brian Stiltner
Philosophy, Theology and Religious Studies Faculty Publications
Without a solid ethical foundation to state governance, the process of developing and implementing sound public policy is weakened. In addition to the crisis of public confidence, which may turn voters away from politics in disgust, political scandals undermine the quality of the policymaking process.
Connecticut needs watertight laws, vigorous oversight, independent voices, and an electoral process that does not pervert the information voters receive. The responsibility of citizens includes not only voting their consciences but pressing their representatives to put the electoral process and policymaking on a cleaner, more transparent foundation.
Telling Stories And Keeping Secrets, Abbe Smith
Telling Stories And Keeping Secrets, Abbe Smith
Georgetown Law Faculty Publications and Other Works
Nothing is better than a good story. You don't need to be a trial lawyer to know this, but you wouldn't be a very good trial lawyer if you didn't. There is a reason trial lawyers are favored dinner party guests: if the food is a flop, the energy level low, and the people in attendance do not have much in common, there will at least be a good story for entertainment. Good trial lawyers have the gift of gab and a bounty of endless material.
Criminal trial lawyers have it even better. They don't just recount tales involving conflict …
Earnings Management As A Professional Responsibility Problem, William H. Simon
Earnings Management As A Professional Responsibility Problem, William H. Simon
Faculty Scholarship
Not infrequently, managers of public companies propose to do things – rearrange their operations, restructure assets and liabilities, sell and buy property – solely for the purpose of achieving accounting effects they desire. Most often they want an increase in current reported earnings per share, though sometimes they prefer a current decrease in the earnings they would otherwise report when it will allow them to show a smoothly increasing pattern of earnings in the future.
Sometimes the desired effects require outright lying or violations of Generally Accepted Accounting Principles (GAAP), in which cases the maneuvers are plainly illegal. But even …
Representing Children And Youth, Donald N. Duquette, Marvin Ventrell
Representing Children And Youth, Donald N. Duquette, Marvin Ventrell
Book Chapters
Quality legal representation of all parties is essential to a high-functioning dependency court process. Quality legal representation of children in particular is essential in obtaining good outcomes for children. An adversarial court process that depends on competing independent advocacy to provide information will not produce good outcomes for litigants who lack competent advocates. Dependency court decisions are as good as the information on which the decisions are based. In order to promote the welfare of children in dependency court, therefore, children must be provided with competent independent legal representation.
Conclusion: 'If You Don't Pull Up . . .'., James J. White
Conclusion: 'If You Don't Pull Up . . .'., James J. White
Other Publications
Today I am going to talk about a lawyer duty that is just as important as the duty to exercise warm zeal on behalf of a client, but it is a duty that is unknown to the popular culture and rarely touched on in law school. That is the duty to say no to your client, to step in front of a client who is determined to do something stupid, or in violation of the civil or criminal law.