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Full-Text Articles in Law
Service To The Nation: A Living Legal Value For Justice Lawyers In Canada, Josh Wilner
Service To The Nation: A Living Legal Value For Justice Lawyers In Canada, Josh Wilner
Dalhousie Law Journal
Lawyers working within a living government require a living ethics, an approach to ethics that accounts for their day-to-day professional lives within the Department of Justice Canada. There are different archetypes of Justice lawyers, and thus a living ethics is also an ethics of place, one which is sensitive to the government institutions within and for which lawyers work and the functions they accomplish. The focus of this paper, which employs a virtue ethics methodology, is primarily civil litigators. Distinguishing between values (enduring beliefs that influence action) and ethics (the application of values in practice), the paper proposes "service to …
"Public Service Must Begin At Home": The Lawyer As Civics Teacher In Everyday Practice, Bruce A. Green, Russell G. Pearce
"Public Service Must Begin At Home": The Lawyer As Civics Teacher In Everyday Practice, Bruce A. Green, Russell G. Pearce
William & Mary Law Review
No abstract provided.
The Citizen-Lawyer - A Brief Informal History Of A Myth With Some Basis In Reality, Robert W. Gordon
The Citizen-Lawyer - A Brief Informal History Of A Myth With Some Basis In Reality, Robert W. Gordon
William & Mary Law Review
No abstract provided.
Lawyers As Citizens, Deborah L. Rhode
A Golden-Age Of Civil Involvement: The Client-Centered Disadvantage For Lawyers As Law Makers, James E. Moliterno
A Golden-Age Of Civil Involvement: The Client-Centered Disadvantage For Lawyers As Law Makers, James E. Moliterno
Scholarly Articles
None available.
The Lawyer As Catalyst Of Social Change, James E. Moliterno
The Lawyer As Catalyst Of Social Change, James E. Moliterno
Scholarly Articles
No abstract provided.
Sentence Reduction As A Remedy For Prosecutorial Misconduct, Sonja B. Starr
Sentence Reduction As A Remedy For Prosecutorial Misconduct, Sonja B. Starr
Articles
Current remedies for prosecutorial misconduct, such as reversal of conviction or dismissal of charges, are rarely granted by courts and thus do not deter prosecutors effectively. Further, such all-or-nothing remedial schemes are often problematic from corrective and expressive perspectives, especially when misconduct has not affected the trial verdict. When granted, these remedies produce windfalls to guilty defendants and provoke public resentment, undermining their expressive value in condemning misconduct. To avoid these windfalls, courts refuse to grant any remedy at all, either refusing to recognize violations or deeming them harmless. This often leaves significant non-conviction-related harms unremedied and egregious prosecutorial misconduct …
Fitness For Purpose: Mandatory Continuing Legal Ethics Education For Lawyers, Jocelyn Downie, Richard Devlin
Fitness For Purpose: Mandatory Continuing Legal Ethics Education For Lawyers, Jocelyn Downie, Richard Devlin
Articles, Book Chapters, & Popular Press
The authors argue that if we want lawyers to be fit for the purpose of practicing law, and law societies to be fit for the purpose of regulating in the public interest, then it is incumbent upon the Canadian legal profession to adopt programmes of compulsory legal ethics education (CLEE). In support of this argument the authors: provide several reasons why Canadians might be concerned about the ethical fitness of lawyers and law societies; analyse several arguments both in supporting and resisting CLEE; suggest several strategies for overcoming the ethical indolence of the legal profession; and draw inspiration from recent …
The Two Faces Of Lawyers: Professional Ethics And Business Compliance With Regulation, Christine E. Parker, Robert E. Rosen, Vibeke Lehmann Nielsen
The Two Faces Of Lawyers: Professional Ethics And Business Compliance With Regulation, Christine E. Parker, Robert E. Rosen, Vibeke Lehmann Nielsen
Articles
No abstract provided.
Bad Apples, Bad Lawyers Or Bad Decisionmaking: Lessons From Psychology And From Lawyers In The Dock, Leslie C. Levin
Bad Apples, Bad Lawyers Or Bad Decisionmaking: Lessons From Psychology And From Lawyers In The Dock, Leslie C. Levin
Leslie C. Levin
Richard Abel’s book, Lawyers in the Dock: Learning from Attorney Disciplinary Proceedings, presents six detailed case studies of New York lawyers who engaged in serious misconduct. He uses these case studies to carefully explore the social, psychological and structural conditions of lawyer deviance that lead to betrayals of trust. This essay considers what additional light some of the psychological literature, in particular, might shed on the behaviors of Abel’s lawyers for the purposes of better understanding how to prevent lawyer misconduct. More specifically, it considers how social and psychological processes may help to explain the trajectory of lawyer misconduct and …