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Full-Text Articles in Law

Professionalism Without Parochialism: Julius Henry Cohen, Rabbi Nachman Of Breslov, And The Stories Of Two Sons, Samuel J. Levine Jan 2003

Professionalism Without Parochialism: Julius Henry Cohen, Rabbi Nachman Of Breslov, And The Stories Of Two Sons, Samuel J. Levine

Scholarly Works

Professor Levine addresses the question of whether the practice of law a business or a profession and looks at sources where practitioners might draw inspiration for ethical behaviors. He examines two works: a 1916 book by Julius Henry Cohen - The Law: Business or Profession?; and a tale by Chasidic master Rabbi Nachman of Breslov. Both works tell the story of two sons from two different fathers with different ethical natures that manifest in their different choices of and approaches to their careers. Professor Levine uses these two parables to suggest that a more inclusive question than those posed above: …


Teaching Government Law & Policy In Law School: Reflections On Twenty-Five Years Of Experience, Patricia E. Salkin Jan 2003

Teaching Government Law & Policy In Law School: Reflections On Twenty-Five Years Of Experience, Patricia E. Salkin

Scholarly Works

No abstract provided.


Taking Ethical Discretion Seriously: Ethical Deliberation As Ethical Obligation, Samuel J. Levine Jan 2003

Taking Ethical Discretion Seriously: Ethical Deliberation As Ethical Obligation, Samuel J. Levine

Scholarly Works

This Article builds on and responds to the work of a number of leading ethics scholars who have offered alternatives to the prevailing model of legal ethics. Specifically, the Article proposes a "Deliberative Model," which posits that the lawyer's professional responsibility carries with it a duty on the individual lawyer to exercise discretion through consideration of the relevant ethical issues. Thus, the Article takes seriously the principle of ethical discretion, respecting the role of individual ethical decision-making but requiring that such decision-making be carried out through a justifiable process of ethical deliberation.


Taking Ethics Codes Seriously: Broad Ethics Provisions And Unenumerated Ethical Obligations In A Comparative Hermeneutic Framework, Samuel J. Levine Jan 2003

Taking Ethics Codes Seriously: Broad Ethics Provisions And Unenumerated Ethical Obligations In A Comparative Hermeneutic Framework, Samuel J. Levine

Scholarly Works

Ethics scholars have documented the increasingly legislative form of twentieth-century ethics regulations, culminating in the enactment and widespread adoption of the Model Rules of Professional Conduct. Nevertheless, pointing to the presence of broad ethics provisions, a number of leading scholars have questioned the extent to which ethics codes can accurately be conceptualized as a form of legislation. Responding to these critiques, Levine aims to take seriously both the legislative form of ethics codes and their interpretation. Toward that aim, he looks to interpretive methodologies employed in American constitutional law and Jewish law to provide both descriptive and normative models for …


Beware: What You Say To Your [Government] Lawyer May Be Held Against You - The Erosion Of Government Attorney-Client Confidentiality, Patricia E. Salkin Jan 2003

Beware: What You Say To Your [Government] Lawyer May Be Held Against You - The Erosion Of Government Attorney-Client Confidentiality, Patricia E. Salkin

Scholarly Works

No abstract provided.