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Articles 1 - 30 of 95
Full-Text Articles in Law
Federal Standards Of Tax Practice: "Preparer" Penalties And Circular 230, Gwen T. Handelman
Federal Standards Of Tax Practice: "Preparer" Penalties And Circular 230, Gwen T. Handelman
William & Mary Annual Tax Conference
No abstract provided.
Legal Ethics, Roy M. Sobelson
Legal Ethics, Roy M. Sobelson
Mercer Law Review
One of the traditional hallmarks of the American legal profession has been its virtual freedom from regulation. If there is any theme evident in recent developments in the legal ethics field, it is that this freedom is under increasing attack from clients, courts, the bar, and the legislature. The year 1992 was no exception, with a number of challenges made to the authority of individual lawyers and the profession itself. The Supreme Court of Georgia rejected one lawyer's challenge to mandatory court appointments and another's freedom to contract with a client for unlimited authority to settle cases.
The supreme court …
Arguing For Economic Equality, John Baker
Arguing For Economic Equality, John Baker
Center for the Study of Ethics in Society Papers
Presented to the WMU Center for the Study of Ethics in Society - Febuary 10, 1992.
Overcompensating: The Corporate Lawyer And Executive Pay, Charles M. Yablon
Overcompensating: The Corporate Lawyer And Executive Pay, Charles M. Yablon
Articles
No abstract provided.
Clark Memorandum: Fall 1992, J. Reuben Clark Law Society, J. Reuben Clark Law School
Clark Memorandum: Fall 1992, J. Reuben Clark Law Society, J. Reuben Clark Law School
The Clark Memorandum
- Apostles of Equality (Kenneth R. Wallentine)
- Portraits
- A Camelot for Scott (Lew Cramer)
- Heroes for Our Time (Thomas D. Morgan)
The Moral Labyrinth Of Zealous Advocacy, James R. Elkins
The Moral Labyrinth Of Zealous Advocacy, James R. Elkins
Law Faculty Scholarship
No abstract provided.
Government Civil Investigations And The Ethical Ban On Communicating With Represented Parties, Ernest F. Lidge Iii
Government Civil Investigations And The Ethical Ban On Communicating With Represented Parties, Ernest F. Lidge Iii
Indiana Law Journal
No abstract provided.
National Health Insurance Proposals: An Ethical Perspective, Alan O. Kogan
National Health Insurance Proposals: An Ethical Perspective, Alan O. Kogan
Center for the Study of Ethics in Society Papers
Presented to the WMU Center for the Study of Ethics in Society, January 31, 1992.
Client Fraud And The Securities Lawyer's Duty Of Confidentiality, Richard M. Phillips
Client Fraud And The Securities Lawyer's Duty Of Confidentiality, Richard M. Phillips
Washington and Lee Law Review
No abstract provided.
The Law Between The Bar And The State, Susan P. Koniak
The Law Between The Bar And The State, Susan P. Koniak
Faculty Scholarship
The traditional understanding of the relation between law and professional legal ethics is that legal ethics covers matters not covered by law; that ethics sits passively above law, starting where law leaves off. In this Article, Professor Susan Koniak argues that this understanding is wrong. She asserts that professional ethics are in competition and conflict with law as it is embodied in the pronouncements of courts and legislatures. Although "law" is usually considered to be the near exclusive preserve of the state, the Article contends that private groups also have "law," but it is usually called "ethics." The legal profession's …
Lying: A Failure Of Autonomy And Self-Respect, Jane Zembaty
Lying: A Failure Of Autonomy And Self-Respect, Jane Zembaty
Center for the Study of Ethics in Society Papers
Presented to the WMU Center for the Study of Ethics in Society - March 19, 1992.
Tricks Prosecutors Play, Bennett L. Gershman
Tricks Prosecutors Play, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
Criminal defense lawyers must recognize and challenge prosecutorial misconduct whenever it occurs. In my opinion, prosecutor's today wield greater power, engage in more egregious misconduct, and are less subject to judicial or bar association oversight than ever before. Few defense lawyers or commentators would disagree with these conclusions. Indeed, some types of prosecutorial misconduct have become almost “normative to the system.”
Attorneys' Malpractice Policies: Regulatory Exclusions And Public Policy, Susan Saab Fortney
Attorneys' Malpractice Policies: Regulatory Exclusions And Public Policy, Susan Saab Fortney
Faculty Scholarship
The courts have yet to decide the issue of the enforceability of provisions in legal malpractice insurance policies that specifically exclude from coverage claims made by government regulators such as the FDIC. The question has reached the courts with respect to such exclusionary provisions in directors' and officers' liability insurance policies, and here the courts are split. The author discusses the current case law and the statutory developments.
Government Attorneys And The Ethical Rules: Good Souls In Limbo, Maureen A. Sanders
Government Attorneys And The Ethical Rules: Good Souls In Limbo, Maureen A. Sanders
Brigham Young University Journal of Public Law
No abstract provided.
The Imperative To Restore Nature: Some Philosophical Questions, Lisa Newton
The Imperative To Restore Nature: Some Philosophical Questions, Lisa Newton
Center for the Study of Ethics in Society Papers
The purpose of WMU's Center for the Study of Ethics is to encourage and support research, teaching, and service to the university and community in areas of applied and professional ethics. These areas include, but are not restricted to: business, education, engineering, government, health and human services, law, media, medicine, science, and technology.
Lawyers And Loyalty, Michael K. Mcchrystal
Lawyers And Loyalty, Michael K. Mcchrystal
William & Mary Law Review
No abstract provided.
Money Laundering And Lawyers, Eugene R. Gaetke, Sarah N. Welling
Money Laundering And Lawyers, Eugene R. Gaetke, Sarah N. Welling
Law Faculty Scholarly Articles
The federal government has recently enacted money laundering laws to track and discourage the use of money generated by crime. Because some of that money is used to pay legal fees, the laws have a direct impact on lawyers. The laws increase the risk of prosecution for lawyers, inhibit some methods of fee payment, and make some cases less attractive financially. Generally, the laws make law practice more complicated and risky.
The laws have been criticized for their impact on criminal defense lawyers. Critics have raised three broad objections. The first objection is constitutional. Critics have also objected to the …
Liability Of Individuals Who Serve On Panels Reviewing Allegations Of Misconduct In Science, Stacey M. Berg, Montgomery K. Fisher
Liability Of Individuals Who Serve On Panels Reviewing Allegations Of Misconduct In Science, Stacey M. Berg, Montgomery K. Fisher
Villanova Law Review
No abstract provided.
Avalon Ethics, Thomas D. Eisele
Avalon Ethics, Thomas D. Eisele
Faculty Articles and Other Publications
Book review of Thomas Shaffer & Nancy Shaffer, American Lawyers and Their Communities (1991)
Beyond The New Role Morality For Lawyers, Rob Atkinson
Beyond The New Role Morality For Lawyers, Rob Atkinson
Scholarly Publications
No abstract provided.
Suppressed V. Suppressed: A Court's Refusal To Remedy The Legal Profession's "Dirty Little Secret," Attorney-Client Sexual Exploitation, Robert H. Muriel
Suppressed V. Suppressed: A Court's Refusal To Remedy The Legal Profession's "Dirty Little Secret," Attorney-Client Sexual Exploitation, Robert H. Muriel
Loyola University Chicago Law Journal
No abstract provided.
Part-Time Prosecutors And Conflicts Of Interest: A Survey And Some Proposals, Richard H. Underwood
Part-Time Prosecutors And Conflicts Of Interest: A Survey And Some Proposals, Richard H. Underwood
Law Faculty Scholarly Articles
For many jurisdictions, the need for part-time prosecutors is a reality that will continue into the foreseeable future. The daunting task of balancing a private practice with prosecutorial duties is made all the more difficult by the lack of a coherent set of guidelines for minimizing the impact of conflicts of interest. What is needed is a set of guidelines flexible enough to permit attorneys to balance the part-time prosecutor's dual practice yet concrete enough to protect the system and its participants from conflicts of interest. Of prime importance in establishing any such system is the need for a clear …
Perspectives On Group Representation, Deborah L. Rhode
Perspectives On Group Representation, Deborah L. Rhode
Kentucky Law Journal
No abstract provided.
Part-Time Prosecutors And Conflicts Of Interest: A Survey And Some Proposals, Richard H. Underwood
Part-Time Prosecutors And Conflicts Of Interest: A Survey And Some Proposals, Richard H. Underwood
Kentucky Law Journal
No abstract provided.
The U.S. Law Of Client Confidentiality: Framework For An International Perspective, Charles W. Wolfram
The U.S. Law Of Client Confidentiality: Framework For An International Perspective, Charles W. Wolfram
Cornell Law Faculty Publications
No abstract provided.
Dances With Nonlawyers: A New Perspective On Law Firm Diversification, Gary A. Munneke
Dances With Nonlawyers: A New Perspective On Law Firm Diversification, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
In this Article, Professor Munneke continues the debate over ethical rules governing lawyers' professional affiliations with nonlawyers, arguing in favor of the adoption of uniform rules that regulate lawyers' conduct in the context of specific ethical issues, such as confidentiality and conflicrs of interest. In Professor Munneke's view, the retention of ethical rules that prohibit law firm diversification impedes the ability of lawyers to compete effectively in today's rapidly changing marketplace of professional services.
Professor Munneke moreover questions whether state bar association rules that prohibit law firm diversification are capable of withstanding judicial scrutiny under the federal antitrust laws and …
Stances, Anthony V. Alfieri
La Enseñanza De La Ética A Los Abogados, Horacio M. Lynch
La Enseñanza De La Ética A Los Abogados, Horacio M. Lynch
Horacio M. LYNCH
No abstract provided.
Reconstructing A Pedagogy Of Responsibility, Barbara L. Bezdek
Reconstructing A Pedagogy Of Responsibility, Barbara L. Bezdek
Faculty Scholarship
No abstract provided.