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Articles 1 - 26 of 26
Full-Text Articles in Law
Presuit Lawyer Information Duties Relevant To Civil Litigation, Jeffrey A. Parness
Presuit Lawyer Information Duties Relevant To Civil Litigation, Jeffrey A. Parness
Marquette Law Review
In both federal and state courts in the United States, there are significant civil procedure, professional responsibility, and substantive laws addressing presuit lawyer duties on creating, preserving, producing, and protecting information relevant to later civil litigation. These laws speak to lawyer conduct both in personally handling information and in overseeing the information acts of others. To date, the challenges these laws pose to lawyers have not been well examined, or even largely perceived. And, to date, lawyers have been left unaccountable for their personal violations of these duties.
Is The Legal Profession Too Independent?, Limor Zer-Gutman, Eli Wald
Is The Legal Profession Too Independent?, Limor Zer-Gutman, Eli Wald
Marquette Law Review
Faced with mounting pressure to permit national law practice and increase
access to legal services for those who cannot afford to pay for them and
critiques about growing inequality and its failure to lead the battles for greater
gender and racial justice, the legal profession’s response has been to resist
reform proposals by invoking its independence. Lawyers and lawyers alone,
asserts the profession, ought to determine the pace and details of nationalizing
law practice, set the conditions under which nonlawyers and artificial
intelligence can offer legal services, and respond to growing inequality among
lawyers and concerns about the role lawyers …
Conference On The Ethics Of Legal Scholarship
Teaching Ethics With Sports: Recent Developments, Adam Epstein, Barbara Osborne
Teaching Ethics With Sports: Recent Developments, Adam Epstein, Barbara Osborne
Marquette Sports Law Review
None
Guilty By A Nose: The Queen V. Riesberry And The Criminalization Of Racehorse Doping In Canada, Brian Manarin, Reem Zaia
Guilty By A Nose: The Queen V. Riesberry And The Criminalization Of Racehorse Doping In Canada, Brian Manarin, Reem Zaia
Marquette Sports Law Review
None
The Ethical Limits Of Discrediting The Truthful Witness: How Modern Ethics Rules Fail To Prevent Truthful Witnesses From Being Discredited Through Unethical Means, Todd A. Berger
Marquette Law Review
Whether the criminal defense attorney may ethically discredit the truthful witness on cross-examination and later during closing argument has long been an area of controversy in legal ethics. The vast majority of scholarly discussion on this important ethical dilemma has examined it in the abstract, focusing on the defense attorney’s dual roles in a criminal justice system that is dedicated to searching for the truth while simultaneously requiring zealous advocacy even for the guiltiest of defendants. Unlike these previous works, this particular Article explores this dilemma from the perspective of the techniques that criminal defense attorney’s use on cross-examination and …
E-Ethics, Michael K. Mcchrystal
E-Ethics, Michael K. Mcchrystal
Marquette Elder's Advisor
The fit between laws regulating professional ethics and the means of conducting business, particularly telecommunications and computer technology, has become tenuous. Here, McChrystal examines recent legal decisions concerning electronic transmission of information and discusses the impact of Internet messages and e-mail on attorney-client privilege.
Ethical Issues In Medicaid Planning, C. Michael Shallowy
Ethical Issues In Medicaid Planning, C. Michael Shallowy
Marquette Elder's Advisor
This article presents the importance of understanding the fairness exceptions to Medicaid. The elderly appear to have a general discomfort with getting something for free. Medicaid is a government program that almost all elderly individuals have contributed to over their life times. This article argues that Medicaid can reduce the psychological harm associated with the need for long-term nursing care.
Ethical Issues In Representing Husbands And Wives In Estate Planning, Barbara Freedman Wand
Ethical Issues In Representing Husbands And Wives In Estate Planning, Barbara Freedman Wand
Marquette Elder's Advisor
The article discusses the ethical considerations for attorneys representing husbands and wives with potential conflicts of interest. It discusses several common situations that by their very nature raise potential conflicts of interest between the spouses when they consider estate planning. These situations include prenuptial agreements, blended families, and inherited wealth.
The Communitarian Approach In The Elder Law Construct, A. Frank Johns
The Communitarian Approach In The Elder Law Construct, A. Frank Johns
Marquette Elder's Advisor
Johns suggests that the proposed revisions to the Model Rules do not go far enough in their approach to multiple party representations in elder law issues. He discusses initial client contact, formation of the client-lawyer relationship, client confidences in multiple representation, and intergenerational conflicts. Three interesting case studies are included to highlight the problems that can arise.
Has Your Client Lost It? Ethical Considerations In Estate Planning, Marita K. Marshall, Frayda L. Bruton
Has Your Client Lost It? Ethical Considerations In Estate Planning, Marita K. Marshall, Frayda L. Bruton
Marquette Elder's Advisor
This article examines competence issues that lawyers may encounter with a new client with suspect competency or a current client who is now incompetent or whose competency is questionable.
Representing The Mentally Impaired Client, James V. Quillinan
Representing The Mentally Impaired Client, James V. Quillinan
Marquette Elder's Advisor
In this series of articles, the author discusses three troublesome guardianship cases from legal and medical perspectives. Statues and forms for practitioners are provided.
Physical Therapists As Consultants To Elder Law Attorneys And Clients, Ron Scott
Physical Therapists As Consultants To Elder Law Attorneys And Clients, Ron Scott
Marquette Elder's Advisor
Physical therapists can act as valuable consultants to attorneys practicing elder law and their clients. This article presents an overview of this profession, including areas of practice, certification, ethics code, and information on contacting physical therapists.
Ethics Of The Attorney In Medical Malpractice Litigation, Marshall B. Kapp
Ethics Of The Attorney In Medical Malpractice Litigation, Marshall B. Kapp
Marquette Elder's Advisor
In medical malpractice litigation, providing legal representation to older patients or their healthcare providers carriers significant ethical implication. However, there has been little scholarly or practical discussion of legal ethics concerning circumstances in which the medical malpractice plaintiff is an older person. The author sets forth a tentative outline of key issues that should be included in an analysis of legal ethics in the medical malpractice context, particularly when an older patient is involved.
More Thoughts About Suicide In The Elderly, Richard E. Finlayson
More Thoughts About Suicide In The Elderly, Richard E. Finlayson
Marquette Elder's Advisor
No abstract provided.
Forgoing Drugs On Grounds Of Cost: A Perspective From Catholic Health Care Ethics And Social Teaching, Janine Marie Idziak
Forgoing Drugs On Grounds Of Cost: A Perspective From Catholic Health Care Ethics And Social Teaching, Janine Marie Idziak
Marquette Elder's Advisor
No abstract provided.
Entertainment Law - The Specter Of Malpractice Claims And Disciplinary Actions, Jack P. Sahl
Entertainment Law - The Specter Of Malpractice Claims And Disciplinary Actions, Jack P. Sahl
Marquette Sports Law Review
No abstract provided.
Corruption: Its Impact On Fair Play, Richard H. Mclaren
Corruption: Its Impact On Fair Play, Richard H. Mclaren
Marquette Sports Law Review
No abstract provided.
Protecting Universities' Economic Interests: Holding Student-Athletes And Coaches Accountable For Willful Violations Of Ncaa Rules, Kevin Stangel
Protecting Universities' Economic Interests: Holding Student-Athletes And Coaches Accountable For Willful Violations Of Ncaa Rules, Kevin Stangel
Marquette Sports Law Review
No abstract provided.
A Modest Proposal: Agent Deregulation, Jan Stiglitz
A Modest Proposal: Agent Deregulation, Jan Stiglitz
Marquette Sports Law Review
No abstract provided.
Attorneys Qua Sports Agents: An Ethical Conundrum, Walter T. Champion, Jr.
Attorneys Qua Sports Agents: An Ethical Conundrum, Walter T. Champion, Jr.
Marquette Sports Law Review
No abstract provided.
Ganden V. Ncaa: How The Ncaa's Efforts To Clean Up Its Image Have Created An Ethical And Legal Dilemma, W. S. Miller
Ganden V. Ncaa: How The Ncaa's Efforts To Clean Up Its Image Have Created An Ethical And Legal Dilemma, W. S. Miller
Marquette Sports Law Review
No abstract provided.
Racism In Sports: A Question Of Ethics, Paul M. Anderson
Racism In Sports: A Question Of Ethics, Paul M. Anderson
Marquette Sports Law Review
No abstract provided.
Selected Issues Of Client Representation By "Sports" Lawyers Under The Model Rules Of Professional Conduct, Daniel L. Shneidman
Selected Issues Of Client Representation By "Sports" Lawyers Under The Model Rules Of Professional Conduct, Daniel L. Shneidman
Marquette Sports Law Review
No abstract provided.
Ethics And The Representation Of Professional Athletes, George Cohen
Ethics And The Representation Of Professional Athletes, George Cohen
Marquette Sports Law Review
No abstract provided.
Ethical Aspects Of Representing Professional Athletes, Paul T. Dee
Ethical Aspects Of Representing Professional Athletes, Paul T. Dee
Marquette Sports Law Review
No abstract provided.