Law Commons^™

Ethics In Tax Practice: Emerging Standards For Reporting Tax Return Postings, Kenneth L. Harris

William & Mary Annual Tax Conference

No abstract provided.

Television Technology And Moral Literacy, Clifford G. Christians

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society March 22, 1990.

Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann

Faculty Scholarship

This Essay is an effort to construct a normative basis for a constitutional theory to resist the Supreme Court's recent decision in DeShaney v. Winnebago County Department of Social Services.¹ In DeShaney, the Court decided that a local social service worker's failure to prevent child abuse did not violate the due process clause of the fourteenth amendment even though the social worker "had reason to believe" the abuse was occurring. ² Chief Justice Rehnquist's opinion for the Court held that government inaction cannot violate due process unless the state has custody of the victim, ³ thus settling a controversial …

The Most Fundamental Change In The Criminal Justice System: The Role Of The Prosecutor In Sentence Reduction, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

As every lawyer knows, the prosecutor is the most powerful figure in the American criminal justice system. The prosecutor decides whom to charge, what charges to bring, whether to permit a defendant to plead guilty, and whether to confer immunity. In carrying out this broad decision-making power, the prosecutor enjoys considerable independence. Indeed, one of the most elusive and vexing subjects in criminal justice has been to define the limits of the prosecutor’s discretion.

Ethics In Government, Joint Legislative Committee

California Joint Committees

With the passage of Proposition 112 (SCA 32) on June 5, 1990, the voters have acknowledged their support for an ethics reform package that is tied to the creation of a Citizens Compensation Commission, which shall have the exclusive power to set the salaries and all fringe benefits, except retirement, for Members of the Legislature and other related state officers. It also prohibits Members and other elected state officers from receiving any honoraria and imposes restrictions on gifts, lobbying activity, and the sources of income of these officers.

Higher-Order Discrimination, Adrian M. S. Piper

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society January 22, 1990.

Ringing The Bell, Roger J. Miner '56

Legal Education

No abstract provided.

Women's Dilemma: Is It Reasonable To Be Rational?, Harriet Baber

Center for the Study of Ethics in Society Papers

Based on a presentation to the WMU Center for the Study of Ethics in Society February 17, 1990.

The Adversarial System At Risk, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The most ominous recent development affecting the balance of forces in the adversary system is the unprecedented attack by prosecutors on criminal defense lawyers themselves. Grand jury subpoenas to attorneys, law office searches, disqualification motions, fee forfeiture proceedings, and, most recently, IRS attempts to enforce currency-reporting regulations do not seem to be isolated occurrences or mere happenstance. Rather, perhaps inspired by Shakespeare's injunction in Henry VI to "kill all the lawyers," some prosecutors appear to have concluded that the most effective way to prevail in the battle against crime is to cripple the defense lawyers, particularly those who represent defendants …

Ethical Reasoning And Analysis: The Elements, Martin Benjamin

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society February 10, 1989.

Impacts Of Land Use Laws And Policies Massachusetts State Superfund Program, Umass Amherst Center Economic Development

Center for Economic Development Technical Reports

The reason for this report was to examine the Massachusetts state Superfund law, and the statutory remedies that Massachusetts relies on to recover the cost associated with the cleanup of oil and hazardous materials released into the environment.

Teaching Legal Ethics In A Program Of Comprehensive Skills Development, James E. Moliterno

Faculty Publications

No abstract provided.

On The Steadfastness And Courage Of Government Lawyers, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Lawyer Turf And Lawyer Regulation -- The Role Of The Inherent-Powers Doctrine, Charles W. Wolfram

Cornell Law Faculty Publications

No abstract provided.

Legal Ethics After Babel, Thomas L. Shaffer

Journal Articles

Legal ethics owes as much to Richard M. Nixon as it does to philosophy. The rebirth of legal ethics in the last decade is one of many consequences, although possibly the most obscure, of the burglary at the Watergate Hotel in 1972. The criminal politics that destroyed Mr. Nixon's presidency summoned American lawyers to a serious, systematic examination of the morals of their craft.

Gender And Race Bias Against Lawyers: A Classroom Response, Suellyn Scarnecchia

Articles

In reviewing other clinicians' approaches to teaching about bias, I identified problems that eventually led me to design a two-hour class session on bias against lawyers. The following is a review of a few other teaching methods and a description of my own approach, detailing its own strengths and weaknesses. This is not an exhaustive review of all possible approaches to bias. It is offered to promote classroom discussion of bias against lawyers and to invite the development of innovative alternatives to my approach.

Lying To Clients, Lisa G. Lerman

Scholarly Articles

Moral philosopher Sissela Bok defines a lie as "any intentionally deceptive message which is stated." She defines deception more broadly, as encompassing "messages meant to mislead [others] ... through gesture, through disguise, by means of action or inaction, even through silence." This broader category of deception is the subject of study here. This Article will examine overt misstatements and deliberate omissions or failures to disclose information. The determining factor in identifying deception is the lawyer's intent. If the lawyer intends to deceive a client, he or she may accomplish this by telling a lie or by withholding information. Deception by …

Court-Appointed Attorneys: Old Problems And New Solutions, H. Patrick Furman

Publications

No abstract provided.

Client-Centered Counseling: Reappraisal And Refinement, Robert Dinerstein

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Risks Of Violation Of Rules Of Professional Responsibility By Reason Of The Increased Disparity Among The States, Ted J. Fiflis

Publications

No abstract provided.

Extradition To A State That Imposes The Death Penalty, Sharon A. Williams

Articles & Book Chapters

This article describes the extradition of prisoners from Canada to a country that imposes the death penalty.

Unauthorized Legal Practice Prosecutions And Independent Paralegals In Ontario And The United States, John A. Flood, Frederick H. Zemans

Articles & Book Chapters

The issue of unauthorized legal practice involves questions of professionalism and market protection. The legal profession, like other professions, is seen a being particularly successful at excluding others from its area of jurisdiction. Disputes over jurisdiction occur at the edge of this jurisdiction, specifically when certain condition arise. The e conditions are characterized by the "indetermination/ technicality (I/T) ratio", where "I" represents the ideological underpinning of the profession and "T" represents the technical knowledge. "If either the knowledge base or the ideological underpinning deteriorates, the occupation will lose control over its spheres of activity....For an occupation or a profession to …

The Politics Of Clinical Knowledge, Anthony V. Alfieri

Articles

No abstract provided.

Zealous Representation Bound: The Intersection Of The Ethical Codes And The Criminal Law, Bruce A. Green

Faculty Scholarship

Professional codes adopted by states and based on the Model Rules of Professional Conduct and the Model Code of Professional Responsibility govern lawyers' conduct. The ethical codes, however, fail to address many ethical questions confronting lawyers. In this Article, Professor Bruce Green highlights the ethical codes' weaknesses, particularly as they relate to the conduct of criminal defense attorneys. As he describes, the ethical codes require advocates to represent their clients "zealously," but, at the same time, "within the bounds of the law." When the codes do not proscribe conduct that would advance their clients' causes, conscientious advocates must consider whether …

Ethical Considerations For The Corporate Legal Counsel, Thomas B. Metzloff

Faculty Scholarship

No abstract provided.

Tape Recording Telephone Conversations--Is It Ethical For Attorneys?, Charles Adams

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Infinity In A Grain Of Sand: The World Of Law And Lawyers As Portrayed In The Clinical Teaching Implicit In The Law School Curriculum, Howard Lesnick

All Faculty Scholarship

No abstract provided.

Kentucky's New Rules Of Professional Conduct For Lawyers, Eugene R. Gaetke

Law Faculty Scholarly Articles

On July 12, 1989, the Kentucky Supreme Court adopted its own version of the American Bar Association's 1983 Model Rules of Professional Conduct as the body of disciplinary law applicable to lawyers practicing in the state. These new rules constitute a major improvement in the state's law of legal ethics. Their adoption should be considered a victory for Kentucky lawyers and, more importantly, a victory for the people of the state, the ultimate beneficiaries of the regulation of the legal profession.

As with most victories, the adoption of the new rules was not unequivocally positive. Kentucky's version of the Model …

The Legal Ethics Of Fear: On The 1904 Report Of The Committee On Legal Ethics Of The Georgia Bar Association, Thomas L. Shaffer

Journal Articles

It would be possible for me now to round off a courteous comment on the 1904 Report with a disquisition on gentleman's ethics in the legal profession. That would have been a less novel thing to do in 1904 than it is now, but at either time it can be supposed to have been expected and, by and large, understood. But I think we can learn more from the 1904 Report by taking a more contentious and somber look at Branham's words. I suggest that what the report shows is unpleasant, that the legal ethic recommended there to Georgia lawyers …

On Thinking Theologically About Lawyers As Counselors, Thomas L. Shaffer

Journal Articles

Professor Morgan is more than gracious to me, his colleague in legal ethics. He understands, I think, that our little sub-discipline is an academic youngster—open, as children are, to insight and persuasion, willing to listen to almost anybody. I am grateful to him for his kind reference to my work. Along with other American law teachers, I am grateful for his leadership, critical thought, scholarly discussion, and example as one of the American legal profession's principal teachers of ethics.

My usefulness among commentators on Morgan's Thinking About Lawyers as Counselors, is probably that I write about legal ethics in reference …