Law Commons^™

Christian Lawyer Stories And American Legal Ethics, Thomas L. Shaffer

Journal Articles

My view of legal ethics rests on, or at least involves, a couple of biases. For one thing, I think of legal ethics as an ethical subject rather than as a legal subject. When it comes to "professional responsibility" I am more interested in morals than I am in law. In this (and in very little else), I am in agreement with Dean Monroe Freedman, who said, in a lecture dedicated to the memory of Pope John XXIII, that the question which interests him is whether a good person can be a lawyer. For Freedman, I think, and for me, …

Moral Theology In Legal Ethics, Thomas L. Shaffer

Journal Articles

I am talking at a Lutheran university and therefore should probably have some theses, some propositions that I could nail to the chapel door. But I'm afraid I have failed Martin Luther: I have only one thesis and it is not ready for a nail. It is still as much a question as a thesis. My question is whether there is any point in including moral theology in the study of legal ethics in the university. Let me be candid: I teach the typical required course in "professional responsibility," and I do a lot of writing on ethics, and I …

David Hoffman's Law School Lectures, 1822-1833, Thomas L. Shaffer

Journal Articles

The Baltimore lawyer and teacher David Hoffman (1784-1854), the father of American legal ethics, was also the first of the systematic American legal educators. He held one of the first appointments in this country as a university law professor (at the University of Maryland, 1814-43) and wrote the first American outline of the study of law. Joseph Story, in a contemporary review of the 1817 Course, called Hoffman's work "an honour to our country[,] . . . by far the most perfect system for the study of the law that has ever been offered to the public. " Chancellor James …

Choice Of Federal Or State Law For Attorneys' Professional Responsibility In Securities Matters, Ted J. Fiflis

Publications

Professional standards of duty are implicated in the federal securities laws in two types of cases: those instituted by the SEC to impose sanctions for lack of character or unethical conduct and those brought by the SEC or private parties for violations of substantive provisions of the securities laws. The question faced by Professor Fiflis is whether state or federal standards should define the duties imposed under these laws. He argues that the proper method of resolving this question is to apply an interest analysis. Analyzing the various state and federal interests leads Professor Fiflis to the conclusion that federal …

Judge Frankel And The Adversary System, William T. Pizzi

Publications

No abstract provided.

Student Representation Of Indigent Defendants And The Sixth Amendment: On A Collision Course, Robert M. Hardaway

Sturm College of Law: Faculty Scholarship

This article will review the parallel patterns of development of clinical education and the sixth amendment, highlighting areas in which the practices of the former either conflict, or contain the potential for conflict with the latter. An analysis will be made of the present legal status of law student representation of indigent criminal defendants, with reference primarily to constitutional and sixth amendment considerations, but also to such related matters as the confidentiality of student-client communications, law student professional responsibility, and the applicability to students of state bar disciplinary rules. Finally, guidelines will be proposed regarding the proper scope of student …

On Choosing Clients And Careers: A Speculative Essay On The Problems Of Initial Choice, Joseph P. Tomain

Faculty Articles and Other Publications

This paper deals with the moral dimensions of initial choices of careers and clients. Although the foregoing tale is addressed to the initial choice of career, similar considerations enter into the initial choice of clients. The problems of initial career choice were highlighted because they are more immediate to law students.' In addition, one's choice of career may have a significant effect on future choices of clients.

In order for a lawyer to make an initial choice of either career or client, moral questions of the first rank must be answered. The purpose of this paper is to discuss these …

Disqualification Of Counsel: The Westinghouse Litigation, Anthony D'Amato

Faculty Working Papers

The motion to disqualify counsel is becoming increasingly important in pre-trial strategy. Discusses one case arising out of Westinghouse Electric Corporation's alleged breach of long­term uranium supply contracts, in which a disqualification motion was sustained against Westinghouse's counsel, Kirkland & Ellis.

The Teaching Of Legal Medicine In Medical Schools In The United States, H. Richard Beresford

Cornell Law Faculty Publications

No abstract provided.

Professional Responsibility Of The Criminal Defense Lawyer: The Three Hardest Questions, Monroe H. Freedman

Hofstra Law Faculty Scholarship

In almost any area of legal counseling and advocacy, the lawyer may be faced with the dilemma of either betraying the confidential communications of his client or participating to some ex-tent in the purposeful deception of the court. This problem is no-where more acute than in the practice of criminal law, particularly in the representation of the indigent accused. The purpose of this article is to analyze and attempt to resolve three of the most difficult issues in this general area:

1. Is it proper to cross-examine for the purpose of discrediting the reliability or credibility of an adverse witness …

Need For Re-Evaluation Of Canons Of Ethics, Lewis F. Powell Jr.

Powell Speeches

No abstract provided.

The Challenge Of The Critical Century, Elvis J. Stahr Jr.

Articles by Maurer Faculty

No abstract provided.

Publicity For Lawyers, John S. Bradway

Faculty Scholarship

No abstract provided.

Legal Ethics And The Law Schools, Bernard C. Gavit

Articles by Maurer Faculty

What Leaders of Movement for Teaching Professional Ethics in the Law Schools Really Have in Mind Is That These Schools Make Some Intelligent and Wholehearted Attempt to Develop Professional Character-What Can Be Done in This Direction by Such Institutions-Bad Effect of Narrow Point of View of Much Teaching in the Past.

Ethical Basis Of The Law Of Defamation, Fowler V. Harper

Articles by Maurer Faculty

No abstract provided.