Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 18 of 18
Full-Text Articles in Law
Rebellious Lawyering, Regnant Lawyering, And Street-Level Bureaucracy, Paul R. Tremblay
Rebellious Lawyering, Regnant Lawyering, And Street-Level Bureaucracy, Paul R. Tremblay
Paul R. Tremblay
This Article explores the professional responsibilities of progressive lawyers representing the poor and disadvantaged. The author argues that lawyers representing the poor are generally good, energetic lawyers committed to social justice and lessening the pain of poverty. Subsequently, the defects found in poverty lawyering are structural, institutional, political, economic, and ethical. Therefore, the author posits that the mission of teachers and practitioners should be to develop practice patterns and proposals that account for the street-level experiences of legal services lawyers on the front lines. By examining the notions of rebellious and regnant lawyering, the author seeks to illuminate how these …
Acting "A Very Moral Type Of God": Triage Among Poor Clients, Paul R. Tremblay
Acting "A Very Moral Type Of God": Triage Among Poor Clients, Paul R. Tremblay
Paul R. Tremblay
No abstract provided.
Professional Responsibility In An Uncertain Profession: Legal Ethics In China, Judith A. Mcmorrow
Professional Responsibility In An Uncertain Profession: Legal Ethics In China, Judith A. Mcmorrow
Judith A. McMorrow
The rapidly expanding Chinese legal profession provides an extraordinary opportunity for the U.S. legal profession to test U.S. assumptions about legal ethics. This essay examines challenges facing Chinese legal education and the Chinese legal profession as it develops norms of legal ethics. This essay examines this process from the law school and law student’s perspective about legal ethics, and then briefly explores the effort to create norms of attorney conduct from a top-down perspective. Both a bottom-up and top-down view show the tremendous challenges facing the emerging Chinese legal culture in building a coherent model of lawyering that can serve …
The Advocate As Witness: Understanding Context, Culture And Client, Judith A. Mcmorrow
The Advocate As Witness: Understanding Context, Culture And Client, Judith A. Mcmorrow
Judith A. McMorrow
No abstract provided.
The Story Of Mr. G.: Reflections Upon The Questionability Competent Client, Mark Spiegel
The Story Of Mr. G.: Reflections Upon The Questionability Competent Client, Mark Spiegel
Mark Spiegel
No abstract provided.
Professionalism: The Deep Theory, Daniel R. Coquillette
Professionalism: The Deep Theory, Daniel R. Coquillette
Daniel R. Coquillette
Can our personal ethics and our professional ethics be in opposition? Our professional identity as lawyers is at the center of our personal morality. The legal profession is in crisis because we have lost sight of the deep theory of professionalism. This article focuses on our ultimate motivation for obeying rules, concentrating on three common categories: goal-based, rights-based, and duty-based theories. By examining these theories, the article argues that lawyers must turn away from the modern trend of goal instrumentalism and refocus legal practice on its humanistic roots.
Commitment And Responsibility: Modeling And Teaching Professionalism Pervasively, Marjorie A. Silver
Commitment And Responsibility: Modeling And Teaching Professionalism Pervasively, Marjorie A. Silver
Marjorie A. Silver
No abstract provided.
Information Overload, Multi-Tasking, And The Socially Networked Jury: Why Prosecutors Should Approach The Media Gingerly, Andrew Taslitz
Information Overload, Multi-Tasking, And The Socially Networked Jury: Why Prosecutors Should Approach The Media Gingerly, Andrew Taslitz
Andrew E. Taslitz
The rise of computer technology, the internet, rapid news dissemination, multi-tasking, and social networking have wrought changes in human psychology that alter how we process news media. More specifically, news coverage of high-profile trials necessarily focuses on emotionally-overwrought, attention-grabbing information disseminated to a public having little ability to process that information critically. The public’s capacity for empathy is likewise reduced, making it harder for trial processes to overcome the unfair prejudice created by the high-profile trial. Market forces magnify these changes. Free speech concerns limit the ability of the law to alter media coverage directly, and the tools available to …
Legal Malpractice, Professional Discipline, And Representation Of The Indigent Defendant, Richard Klein
Legal Malpractice, Professional Discipline, And Representation Of The Indigent Defendant, Richard Klein
Richard Daniel Klein
No abstract provided.
Exceptions, Lawrence Raful
Why Not A Justice School? On The Role Of Justice In Legal Education And The Construction Of A Pedagogy Of Justice, Peter L. Davis
Why Not A Justice School? On The Role Of Justice In Legal Education And The Construction Of A Pedagogy Of Justice, Peter L. Davis
Peter L. Davis
Why are law schools not named schools of justice, or, at least, schools of law and justice? Of course, virtually every law school will reply that this is nit-picking; all claim to be devoted to the study of justice. But our concern is not so easily dismissed. The names of institutions carry great significance; they deliver a political, social, or economic message. . . This Article contends that not only do law schools virtually ignore justice – a concept that is supposed to be the goal of all legal systems – they go so far as to denigrate it and …
Taking Ethical Discretion Seriously: Ethical Deliberation As Ethical Obligation, Samuel J. Levine
Taking Ethical Discretion Seriously: Ethical Deliberation As Ethical Obligation, Samuel J. Levine
Samuel J. Levine
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 decisionmaking but requiring that such decisionmaking be carried out through a justifiable process of ethical deliberation.
Stress, Burnout, Vicarious Trauma, And Other Emotional Realities In The Lawyer/Client Relationship (Symposium: Lawyering And Its Discontents: Reclaiming Meaning In The Practice Of Law), Marjorie A. Silver, Sanford Portnoy, Jean Koh Peters
Stress, Burnout, Vicarious Trauma, And Other Emotional Realities In The Lawyer/Client Relationship (Symposium: Lawyering And Its Discontents: Reclaiming Meaning In The Practice Of Law), Marjorie A. Silver, Sanford Portnoy, Jean Koh Peters
Marjorie A. Silver
No abstract provided.
Professional Responsibility Compliance And National Security Attorneys: Adopting The Normative Framework Of Internalized Legal Ethics, Keith A. Petty
Professional Responsibility Compliance And National Security Attorneys: Adopting The Normative Framework Of Internalized Legal Ethics, Keith A. Petty
Keith A. Petty
In 2010, a Department of Justice report cleared the authors of the infamous “torture memos” of professional misconduct, but was highly critical of their application of ethical norms. This episode underscores the lack of clarity in professional responsibility obligations of government legal advisors. While methods such as identifying the client and defining the role of the attorney have been used to facilitate adherence to ethical norms, evidence demonstrates that these approaches fail to overcome external pulls from ethical compliance during times of crisis.
This article argues that ethical compliance failures by government legal advisors call for a fundamental reexamination of …
Response To The Society Of American Law Teachers Statement On The Bar Exam, Suzanne Darrow Kleinhaus
Response To The Society Of American Law Teachers Statement On The Bar Exam, Suzanne Darrow Kleinhaus
Suzanne Darrow Kleinhaus
No abstract provided.
Plea Bargaining, Discovery, And The Intractable Problem Of Impeachment Disclosures, R. Michael Cassidy
Plea Bargaining, Discovery, And The Intractable Problem Of Impeachment Disclosures, R. Michael Cassidy
R. Michael Cassidy
In a criminal justice system where guilty pleas are the norm and trials the rare exception, the issue of how much discovery a defendant is entitled to before allocution has immense significance. This article examines the scope of a prosecutor’s obligation to disclose impeachment information before a guilty plea. This question has polarized the criminal bar and bedeviled the academic community since the Supreme Court’s controversial decision in United States v. Ruiz (2002). A critical feature of the debate has been the enduring schism between a prosecutor’s legal and ethical obligations – a gulf that the American Bar Association recently …
The Moral Responsibility Of The Corporate Lawyer, Judith A. Mcmorrow, Luke M. Scheuer
The Moral Responsibility Of The Corporate Lawyer, Judith A. Mcmorrow, Luke M. Scheuer
Luke M Scheuer
Lawyers traditionally claim that they are not morally accountable for the goals or activities of their clients that are within the bounds of the law. This essay explores this concept of non-accountability in the context of corporate transactional representation. We argue that corporate lawyers, whose practice is forward looking, undertaken on behalf of corporate clients who have legally impaired ability to engage in independent moral reasoning, and who function in a world of relatively minimal legal oversight (i.e. whose work is furthest from the model of the adversary system) cannot persuasively claim that they are not morally responsible for the …
Disapproving Dishonesty: The Florida Supreme Court's Increased Intolerance For Lawyers' Fraud And Misrepresentations In Personal Business, Daniel J. Cohn
Disapproving Dishonesty: The Florida Supreme Court's Increased Intolerance For Lawyers' Fraud And Misrepresentations In Personal Business, Daniel J. Cohn
Daniel J. Cohn
No abstract provided.