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Full-Text Articles in Law
Enron, Watergate And The Regulation Of The Legal Profession, Arnold Rochvarg
Enron, Watergate And The Regulation Of The Legal Profession, Arnold Rochvarg
All Faculty Scholarship
The most famous scandal of the twentieth century was the Watergate scandal, which most notably led to the resignation of Richard Nixon as President of the United States. The significance of Watergate, however, extends further than the resignation of Nixon. Because Watergate involved so many lawyers, it had a great impact on the regulation of the legal profession. Although the twenty-first century has just started, the strongest contender for this century's most famous scandal is the Enron scandal. Although the Enron scandal is identified mostly with misconduct by accountants and corporate officials, it too involved lawyers and has impacted on …
On The Prospect Of “Daubertizing” Judicial Review Of Risk Assessment, Thomas O. Mcgarity
On The Prospect Of “Daubertizing” Judicial Review Of Risk Assessment, Thomas O. Mcgarity
Law and Contemporary Problems
Lawyers for companies subject to federal health, safety and environmental regulation hope that stringent substantive judicial review will relieve their clients of the burdens of much regulation without the need for troublesome legislative battles they seem unable to win. McGarity argues that assigning a Daubert-like (Daubert v. Merrell Dow Pharmaceuticals Inc) gatekeeper role to courts engaged in judicial review of agency risk assessments is a profoundly bad idea.
A Deadly Dilemma: Strategic Choices By Attorneys Representing "Innocent" Capital Defendants, Welsh S. White
A Deadly Dilemma: Strategic Choices By Attorneys Representing "Innocent" Capital Defendants, Welsh S. White
ExpressO
No abstract provided.
Is The Gummy Rule Of Today Truly Better Than The Toothy Rule Of Tomorrow? How Federal Rule 68 Should Be Modified, Anna Aven Sumner
Is The Gummy Rule Of Today Truly Better Than The Toothy Rule Of Tomorrow? How Federal Rule 68 Should Be Modified, Anna Aven Sumner
Duke Law Journal
No abstract provided.
Bring On 'Da Noise: The Sec's Proposals Concerning Professional Conduct For Attorneys Under Sarbanes-Oxley, Marilyn Blumberg Cane, Sarah Smith Kelleher
Bring On 'Da Noise: The Sec's Proposals Concerning Professional Conduct For Attorneys Under Sarbanes-Oxley, Marilyn Blumberg Cane, Sarah Smith Kelleher
Faculty Scholarship
In the wake of Enron's and numerous other corporate scandals, Congress enacted the Sarbanes-Oxley Act, which empowered the Securities and Exchange Commission (the Commission) to establish rules of professional conduct for attorneys who appear before it. In November 2002, the Commission released a proposal where attorneys would be required to report perceived violations of corporate governance and Commission rules up-the-ladder. Additionally, if the company failed to make an appropriate response, the attorney would be required to make a noisy withdrawal. After an onslaught of comments against the proposal, the Commission issued an alternative proposal for comment.
Under the alternative rule, …