Law Commons^™

Deconstructing The Duty To The Tax System: Unfettering Zealous Advocacy On Behalf Of Lesbian And Gay Taxpayers, Anthony C. Infanti

Articles

In this article, I consider how the tax lawyer's generally-acknowledged duty to the tax system should be applied in the representation of lesbian and gay clients. Due to the significant initial advantages that taxpayers are thought to have over the government in the tax compliance and enforcement process, this duty to the tax system requires a tax lawyer to avoid both questionable positions and the temptation to play the audit "lottery." The tax lawyer is asked to temper the zealousness of her advocacy in this way in order to preserve the integrity and, ultimately, the proper functioning of the tax …

When Judges Are Accused: An Initial Look At The New Federal Judicial Misconduct Rules, Arthur D. Hellman

Articles

On March 11, 2008, the Judicial Conference of the United States, the administrative policy-making body of the federal judiciary, approved the first set of nationally binding rules for dealing with accusations of misconduct by federal judges. The new rules implement recommendations made by a committee chaired by Supreme Court Justice Stephen Breyer. The Breyer Committee found that although the judiciary has been doing a very good overall job in handling complaints against judges, the error rate in high-visibility cases is far too high.

The new regulatory regime comes into existence at a time when federal judges have been accused of …

Toward A Deeper Understanding Of Professionalism: Learning To Write And Writing To Learn During The First Two Weeks Of Law School, Ben Bratman

Articles

Law schools are under pressure to instill in their students a sense of professionalism, but what exactly does professionalism mean? And what can professors of legal writing do to lay an educational foundation of professionalism? They are, after all, the teachers who at most schools have the greatest interaction with the impressionable first-year students.

Professionalism is frequently used to mean a variety of behaviors that are important for lawyers to exhibit, but that are also important for those in business - outside the traditional professions - to exhibit. In the context of legal education, professionalism is better understood to mean …