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Articles 1 - 14 of 14
Full-Text Articles in Law
Outsourcing Agency Rulemaking, Christopher J. Walker
Outsourcing Agency Rulemaking, Christopher J. Walker
Reviews
When it comes to understanding the political dynamics of agency rulemaking, the place to start is Rachel Potter’s book Bending the Rules: Procedural Politicking in the Bureaucracy, about which the Yale Journal on Regulation published a blog symposium in 2019. Through a mix of qualitative and quantitative methods, Potter explores how agency officials—both career civil servants and political appointees—play a role in the rulemaking process and leverage procedural rules to help advance their preferred policy outcomes.
Speaking The Truth: Supporting Authentic Advocacy With Professional Identity Formation, Laura A. Webb
Speaking The Truth: Supporting Authentic Advocacy With Professional Identity Formation, Laura A. Webb
Law Faculty Publications
When law students are asked to articulate legal rules in a persuasive communication such as a brief, they may experience internal tension. Their version of the rule, as framed to benefit a particular client’s position, may be different from the way they would articulate the rule if they were not taking on an advocate’s role. The conflict between those two versions of a legal rule leads some students to wonder if advocacy itself is deceptive, if an advocate’s role requires one to sacrifice ethics for success, and if ancient Greek philosophers were correct when they derided persuasive communication as “trickery …
Avoiding Ethics Complaints: Finding The Rules And Leos, Joyce Manna Janto
Avoiding Ethics Complaints: Finding The Rules And Leos, Joyce Manna Janto
Law Faculty Publications
One nightmare shared by all lawyers is the prospect of a letter from the Standing Committee on Lawyer Discipline informing them of a complaint. Prudent lawyers avoid this by becoming familiar with the ethical rules and standards of their jurisdiction. Because, as many a lawyer has learned, ignorance of the rules is no excuse.
The Truth Of The Matter: Why The Social Contract Dictates Legal Scholar's Sincerity, Candor, & Thoroughness, Nicola A. Boothe-Perry
The Truth Of The Matter: Why The Social Contract Dictates Legal Scholar's Sincerity, Candor, & Thoroughness, Nicola A. Boothe-Perry
Journal Publications
Legal scholars have filled books, treatises, magazines, journals and law reviews with various writings ranging from highly intricate and complex theses to oversimplified and homogenous explanations. In all its forms, legal scholarship has been both touted and taunted by external and internal critics throughout the years. Some suggest that legal scholarship should holistically "frame recommendations to responsible decision makers," and more specifically "help the reader understand law." Others suggest that it should be used to bring "restraint, proportion, perspective and atmosphere" into the legal landscape and society at large. Whatever its stated purpose and whether it be doctrinal, descriptive or …
Law Library Blog (March 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (March 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Redefining Roles And Duties Of The Transactional Lawyer: A Narrative Approach, Lori D. Johnson
Redefining Roles And Duties Of The Transactional Lawyer: A Narrative Approach, Lori D. Johnson
Scholarly Works
Today’s transactional lawyers perform myriad tasks for their clients, including structuring, drafting, conceptualizing, negotiating, and executing the complex, risky, and often cutting-edge transactions their clients bring to the table. On the other side of that table, often sits another team of sophisticated transactional lawyers. These opposing counsel are armed for battle over every nuance, every word, every representation, every deliverable, and every obligation their client is poised to undertake or agree to. Therefore, modern transactional lawyers must behave as advocates and explore new modes of persuasion. As a response, scholars have begun to propose that transactional lawyers employ methods of …
Moonlighting Sonata: Conflicts, Disclosure And The Scholar/Consultant, Jeffrey L. Harrison, Amy R. Mashburn
Moonlighting Sonata: Conflicts, Disclosure And The Scholar/Consultant, Jeffrey L. Harrison, Amy R. Mashburn
UF Law Faculty Publications
Although the impact of conflicting interests is of constant concern to those in legal education and other fields, a recent scholarly article and an extensive analysis in the New York Times suggest the problem is more pressing than ever. In the context of legal scholarship the problem arises when a professor is, in effect, employed by two entities. Disclosure of possible conflicts is the most commonly proposed response. The article argues that disclosure is merely a risk shifting devise that does not fully address the issue of bias. It draws on comparisons with products liability and legal ethics to suggest …
Technology And Client Communications: Preparing Law Students And New Lawyers To Make Choices That Comply With The Ethical Duties Of Confidentiality, Competence, And Communication, Kristin J. Hazelwood
Technology And Client Communications: Preparing Law Students And New Lawyers To Make Choices That Comply With The Ethical Duties Of Confidentiality, Competence, And Communication, Kristin J. Hazelwood
Law Faculty Scholarly Articles
That the use of technology has radically changed the legal profession is beyond dispute. Through technology, lawyers can now represent clients in faraway states and countries, and they can represent even local clients through a “virtual law office.” Gone are the times in which the lawyer’s choices for communicating with clients primarily involve preparing formal business letters to convey advice, holding in-person client meetings in the office, or conducting telephone calls with clients on landlines from the confines of the lawyer’s office. Not only do lawyers have choices about how to communicate with their clients, but they also frequently choose …
Solving Your Ethical Conundrums: Researching The Rules Of Professional Conduct, Joyce Manna Janto
Solving Your Ethical Conundrums: Researching The Rules Of Professional Conduct, Joyce Manna Janto
Law Faculty Publications
Ms. Janto provides a practical guide to researching issues of attorney professional responsibilities using both print and online resources, emphasizing Virginia rules and decisions.
Something Bad In Your Briefs, Richard H. Underwood
Something Bad In Your Briefs, Richard H. Underwood
Law Faculty Scholarly Articles
In a profession heavily driven by writing, plagiarism is an ethical issue that plagues the legal community. The legal profession generally views plagiarism as unethical, but often sends mixed messages by condemning it in some settings, but not others. In this short Commentary, Professor Underwood discusses the ethical implications of plagiarism in legal writing.
E-Mails To Clients: Avoiding Missteps, Kristin J. Hazelwood
E-Mails To Clients: Avoiding Missteps, Kristin J. Hazelwood
Law Faculty Popular Media
In this column for Kentucky Bar Association's magazine (B&B - Bench & Bar), Professor Hazelwood addresses the ethical implications of emailing with a client. Practitioners are provided a series of questions to ask before emailing a client.
A Chilling Of Discourse, David R. Barnhizer
A Chilling Of Discourse, David R. Barnhizer
Law Faculty Articles and Essays
I argue that the key consequence of the collectives of multicultural, postmodernists, radical feminists, critical race activists, sexuality advocates and others working for radical change is not only the politicization of knowledge in what is after all a realm of politics we call law, but the incoherence of knowledge and the loss of the quality and integrity of our pursuit of knowledge through scholarship. One result is that much of the scholarship and teaching found in the humane and political or noncumulative disciplines such as law are forms of self-interested propaganda in which honesty is muted or excluded and truth-seeking …
Bad Writing: Some Thoughts On The Abuse Of Scholarly Rhetoric, Jethro K. Lieberman
Bad Writing: Some Thoughts On The Abuse Of Scholarly Rhetoric, Jethro K. Lieberman
Articles & Chapters
Like most kinds of writing, academic writing rarely shines, but far more often than ordinary writing scholarly prose is murky and impenetrable. This brief jeu d'esprit considers several forms of bad writing, rejecting the claim, increasingly made in academic quarters, that "difficult writing" is necessary to the scholarly enterprise. Bloated, foggy, and enigmatic prose masquerades as profundity that escapes conventional mental grooves. In fact it is useless, unethical, and taken far enough, evil.
Capturing The Dialectic Between Principles And Cases, Kevin D. Ashley
Capturing The Dialectic Between Principles And Cases, Kevin D. Ashley
Articles
Theorists in ethics and law posit a dialectical relationship between principles and cases; abstract principles both inform and are informed by the decisions of specific cases. Until recently, however, it has not been possible to investigate or confirm this relationship empirically. This work involves a systematic study of a set of ethics cases written by a professional association's board of ethical review. Like judges, the board explains its decisions in opinions. It applies normative standards, namely principles from a code of ethics, and cites past cases. We hypothesized that the board's explanations of its decisions elaborated upon the meaning and …