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Full-Text Articles in Law
The Truth Of The Matter: Why The Social Contract Dictates Legal Scholar's Sincerity, Candor, & Thoroughness, Nicola A. Boothe-Perry
The Truth Of The Matter: Why The Social Contract Dictates Legal Scholar's Sincerity, Candor, & Thoroughness, Nicola A. Boothe-Perry
Journal Publications
Legal scholars have filled books, treatises, magazines, journals and law reviews with various writings ranging from highly intricate and complex theses to oversimplified and homogenous explanations. In all its forms, legal scholarship has been both touted and taunted by external and internal critics throughout the years. Some suggest that legal scholarship should holistically "frame recommendations to responsible decision makers," and more specifically "help the reader understand law." Others suggest that it should be used to bring "restraint, proportion, perspective and atmosphere" into the legal landscape and society at large. Whatever its stated purpose and whether it be doctrinal, descriptive or …
Running Past Landmines--The Estate Attorney's Dilemma: Ethically Counseling The Client With Alzheimer's Disease, Joseph Karl Grant
Running Past Landmines--The Estate Attorney's Dilemma: Ethically Counseling The Client With Alzheimer's Disease, Joseph Karl Grant
Journal Publications
This Article examines the ethical dilemmas faced by attorneys who represent clients suffering from Alzheimer's disease. To do so, this Article raises three (3) hypothetical case studies,and applies the ABA Model Rules of Professional Conduct, and the American College of Trust and Estate Counsel ("ACTEC") Commentaries, where appropriate, to those hypothetical case studies. Additionally, this Article proposes initiatives to ameliorate the lack of awareness and discussion of Alzheimer's disease in the law school curriculum, and finally, modest initiatives that the practicing bar can embrace to further a discussion and awareness among practicing attorneys about the ethical dilemma attorneys face in …
Enforcement Of Law Schools' Non-Academic Honor Codes: A Necessary Step Towards Professionalism?, Nicola A. Boothe-Perry
Enforcement Of Law Schools' Non-Academic Honor Codes: A Necessary Step Towards Professionalism?, Nicola A. Boothe-Perry
Journal Publications
As law schools strive to enforce their codes of student conduct, enforcement has called into question the legal standing of the schools, since enforcement affects the fundamental rights of students. Consequently, this Article will address the following question: to what extent can law schools fulfill their responsibility and opportunity to enforce behavioral codes-specifically codes governing non-academic conduct-with a goal of improving professionalism? Through analysis of law schools' enforcement capabilities, this Article will suggest a practical framework by which law schools can promulgate and enforce codes and rules affecting students' non-academic conduct.
Sophistry, Situational Ethics, And The Taxation Of The Carried Interest, Darryll K. Jones
Sophistry, Situational Ethics, And The Taxation Of The Carried Interest, Darryll K. Jones
Journal Publications
This Article is, in essence, a strident expression of indignation about what a majority of tax scholars and, indeed, legislators consider a glaring yet persistent inequity in the tax code. In short, sometimes extraordinarily well-paid fund managers receive compensation taxed at capital gains rates. All other, usually very much lower-compensated, service providers are taxed at ordinary rates. The result is clearly regressive and yet, as of late, even some respected and knowledgeable scholars-though still in the minority-have unabashedly set forth sophisticated-sounding justifications. Objections based on unfairness, real, or even merely perceived, are difficult to express without a tone of indignation, …