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Full-Text Articles in Law

Can I Call Kimura Crazy?: Ethical Tensions In The Cultural Defense, Rashmi Goel Jan 2004

Can I Call Kimura Crazy?: Ethical Tensions In The Cultural Defense, Rashmi Goel

Sturm College of Law: Faculty Scholarship

Using the tragic case of Fumiko Kimura as a back drop, the author discusses the impact of culture on defendants and argues for a client-centered approach that considers the client beyond the walls of their legal issue. The author concludes her article with a discussion of legal ethics, advocating for a more well rounded vision of the client that includes both legal and cultural interests.


The Obligation Of Legal Aid Lawyers To Champion Practice By Nonlawyers, Deborah J. Cantrell Jan 2004

The Obligation Of Legal Aid Lawyers To Champion Practice By Nonlawyers, Deborah J. Cantrell

Publications

No abstract provided.


Taking Prosecutorial Ethics Seriously: A Consideration Of The Prosecutor's Ethical Obligation To Seek Justice In A Comparative Analytical Framework, Samuel J. Levine Jan 2004

Taking Prosecutorial Ethics Seriously: A Consideration Of The Prosecutor's Ethical Obligation To Seek Justice In A Comparative Analytical Framework, Samuel J. Levine

Scholarly Works

This article examines the complex nature of the prosecutor's broad obligation to seek justice through a consideration of the similarly broad directive in Jewish law requiring that "in all [of] your ways acknowledge [God]." While many have critiqued the broad directives governing a prosecutor's ethical duties, through this comparative analytical framework it can be seen that the prosecutor's broad ethical directive to seek justice serves as a workable and appropriate standard for prosecutorial ethics. In many ways, a prosecutor faces an ethical obligation unlike other attorneys. Ethical obligations require that a prosecutor forgo conduct that would increase the likelihood of …


Smart Ethics: Ethical Considerations In Promoting Smart Growth Principles, Patricia E. Salkin Jan 2004

Smart Ethics: Ethical Considerations In Promoting Smart Growth Principles, Patricia E. Salkin

Scholarly Works

No abstract provided.


Adr Ethics, Scott R. Peppet Jan 2004

Adr Ethics, Scott R. Peppet

Publications

No abstract provided.


Popular Culture As A Lens On Legal Professionalism, Alex Scherr, Hillary Farber Jan 2004

Popular Culture As A Lens On Legal Professionalism, Alex Scherr, Hillary Farber

Scholarly Works

Why use art to teach lawyering?' Despite divergences in method and intention, the two disciplines overlap. If the prevalence of lawyers in movies, television, literature, and even humor means anything, popular culture remains fascinated with lawyers. Our practices, our ethics, and our professional personae serve as a mine for image and narrative, a target for cultural critique, and a catalyst for expression. Not surprisingly, images of lawyers in cartoons, film, television, and literature offer unique opportunities to teach and explore professionalism. The proliferation of lawyer images in popular culture provides an array of material ranging from career choice to particular …


Lawyers Should Be Lawyers, But What Does That Mean?: A Response To Aiken & Wizner And Smith, Katherine R. Kruse Jan 2004

Lawyers Should Be Lawyers, But What Does That Mean?: A Response To Aiken & Wizner And Smith, Katherine R. Kruse

Scholarly Works

Lawyers should be more like social workers. That is the message of Law as Social Work, the provocative essay by Jane Aiken and Stephen Wizner (Aiken & Wizner) in the Washington University Journal of Law & Policy volume, which preceded the conference on Promoting Justice Through Interdisciplinary Teaching, Practice, and Scholarship, hosted by Washington University School of Law in March 2003. Almost as if in reply, Abbe Smith's contribution to the same pre-conference volume reasserts the importance of lawyers as zealous and partisan advocates, using the realities of the criminal defense context to argue for the value of the lawyer's …


Capturing The Dialectic Between Principles And Cases, Kevin D. Ashley Jan 2004

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 …