Law Commons^™

Settlement Ethics And Lawyering In Adr Proceedings: A Proposal To Revise Rule 4.1, James J. Alfini

Northern Illinois University Law Review

At the close of the twentieth century, we are witnessing very significant changes in the litigation of civil disputes in our society. Much of the change has to do with a more expansive view by lawyers and judges of the means that may be employed for resolving civil disputes. Cases in litigation are increasingly being sent to mediation, arbitration, summary jury trial, early neutral evaluation, and other alternatives to adjudication. Lawyers are beginning to advise their clients of the availability of these options and are representing their clients in these alternative fora. Much has been said and written about these …

An Essay On Teaching Professional Responsibility, L. Ray Patterson

Northern Illinois University Law Review

There is, I argue, need for a new approach to teaching law students how to become professionally responsible lawyers. The core problem in teaching the professional responsibility course is that it is a course in lawyer's law that treats only the ethical rules and ignores the fact that procedural and malpractice rules are also relevant. If, however, the professional responsibility course becomes a course in lawyer's law, it follows that it must encompass rules of procedure, rules of malpractice, and rules of ethics (which should be identified as what they are, rules of discipline). There is, however, a development that …

Ethics 2000: What Might Have Been, Steven C. Krane

Northern Illinois University Law Review

The Model Rules of Professional Conduct can perhaps be analogized to a modest house built in the early 1960s. The kitchen and bathroom were updated in the late 1970s, and the garage was converted into an extra room, but otherwise the house has remained unchanged. By the late 1990s, however, it became apparent that the occupants of the house had - along with their neighborhood - changed dramatically. The house no longer met their needs. Clearly, what is needed is for the Commission to build a new house for the occupants to live in. Instead, the Commission is redecorating. It …

Looking Ahead To Ethics 2015: Or Why I Still Do Not Get The Aba Model Conflict Of Interest Rules, Richard E. Flamm

Northern Illinois University Law Review

Ideas about what constitutes ethical conduct--and, more specifically, about what the law governing lawyers should be--would appear to be in a perpetual state of flux. Whether because of perceived problems with existing ethical rules, changes in the way law has come to be practiced, or a melange of other reasons including political expediency, it seems that a call goes out every fifteen years or so-for a reappraisal of the rules regulating the way lawyers conduct their affairs. One such call, put out in the late 1960s, ripened into the ABA Model Code of Professional Responsibility (1970). Thirteen short years later …

Love, Human Dignity, And Justice: Some Legacies From Protestant And Catholic Ethics, Harlan R. Beckley

Notre Dame Law Review

No abstract provided.

Contemporary Proposal For Reconciling The Free Speech Clause With Curricular Values Inculcation In The Public Schools, Susan H. Bitensky

Notre Dame Law Review

No abstract provided.

On Being A Happy, Healthy, And Ethical Member Of An Unhappy, Unhealthy, And Unethical Profession, Patrick J. Schiltz

Vanderbilt Law Review

Dear Law Student: I have good news and bad news. The bad news is that the profession that you are about to enter is one of the most unhappy and unhealthy on the face of the earth--and, in the view of many, one of the most unethical. The good news is that you can join this profession and still be happy, healthy, and ethical. I am writing to tell you how. I. THE WELL-BEING OF LAWYERS Lawyers play an enormously important role in our society. "It is the lawyers who run our civilization for us-our governments, our business, our private …

The Pursuit Of Happiness, Michael Traynor

Vanderbilt Law Review

Ills that beset our profession are addressed by Professor Patrick Schiltz in the alert he sounds in his lead article, On Being a Happy, Healthy, and Ethical Member of an Unhappy, Unhealthy, and Unethical Profession,' and his earlier article, Legal Ethics in Decline: The Elite Law Firm, the Elite Law School, and the Moral Foundation of the Novice Attorney. His articles call for attention and introspection by law students and others in the profession.

The editors invited me to comment because of the transitions I have experienced since graduating from law school in 1960. I agreed, not realizing the extent …

Technology And The Right To Privacy: The Convergence Of Surveillance And Information Privacy Concerns, Thomas B. Kearns

William & Mary Bill of Rights Journal

While the privacy concerns raised by advances in surveillance and information technologies are widely recognized, recent developments have led to a convergence of these technologies in many situations, presenting new challenges to the right to privacy. This Note examines this convergence of surveillance and information technologies and its potential impact on individual privacy interests.

The Note first discusses the right to privacy, personal information, and surveillance technology separately, noting ways that new technologies create privacy concerns. The Note then describes the merging of surveillance and information technologies and the resulting convergence of two formerly distinct privacy issues. Finally, the Note …

Slavery And The Sudan: Can Good Works Be Good?, Ibpp Editor

International Bulletin of Political Psychology

This article focuses on the consequences of attempts to free slaves and abolish slavery in the Sudan.

The Deflowering Of The Parthenon: A Legal And Moral Analysis On Why The "Elgin Marbles" Must Be Returned To Greece, Michael J. Reppas Ii

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Crimes Against Autonomy: Gerald Dworkin On The Enforcement Of Morality, Lawrence C. Becker

William & Mary Law Review

No abstract provided.

Ethical Issues In Managed Care: Can Thetraditional Physician-Patient Relationship Be Preserved In The Era Of Managed Care Or Should It Be Replaced By A Group Ethic?, Eugene C. Grochowski

University of Michigan Journal of Law Reform

Over the last decade managed care has become the dominant form of health care delivery, because it has reduced the cost of health care; however, it has also created serious conflicts of interest for physicians and has threatened the integrity of the traditional physician-patient relationship. In this Article, Dr. Grochowski argues that the efficiencies created by managed care are one time savings and will not in the long run reduce the rate of rise of health care expenditures without a concomitant plan to ration health care. He explores the traditional physician-patient relationship and concludes:

• a) that while rationing of health …

The International Legal Implications Of "Non-Lethal" Weapons, David P. Fidler

Michigan Journal of International Law

In this Article, the author attempts a comprehensive international legal analysis of "non-lethal" weapons to raise awareness about how many international legal issues they create and about the complexity of analyzing the international legality of the development and use of these weapons. In short, the emergence of "non-lethal" weapons does not rescue international law from its crisis in connection with controlling war. Indeed, in some respects, the coming of "non-lethal" weapons threatens to deepen that crisis in new and disturbing ways.

Religious Attitudes Toward Cloning: A Tale Of Two Creatures, Dena S. Davis

Hofstra Law Review

No abstract provided.

Cloning: Ethics And Public Policy, R. Alta Charo

Hofstra Law Review

No abstract provided.

Ethical And Procedural Implications Of "Ghostwriting" For Pro Se Litigants: Toward Increased Access To Civil Justice, John C. Rothermich

Fordham Law Review

No abstract provided.

Foreword, Rationing Lawyers: Ethical And Professional Issues In The Delivery Of Legal Services To Low-Income Clients, Bruce A. Green

Fordham Law Review

No abstract provided.

Recommendations Of The Conference

Fordham Law Review

No abstract provided.

Rendering Legal Assistance To Similarly Situated Individuals, Bruce A. Green, Martha Matthews

Fordham Law Review

No abstract provided.

The Use Of Nonlawyers, Derek A. Denckla

Fordham Law Review

No abstract provided.

Limited Legal Assistance, Mary Helen Mcneal

Fordham Law Review

No abstract provided.

Client/Matter/Case Selection, Matthew Diller

Fordham Law Review

No abstract provided.

The Influence Of Third Parties On The Lawyer-Client Relationship, Stephanie Edelstein

Fordham Law Review

No abstract provided.

Representation By Private Lawyers, Evan Gourvitz

Fordham Law Review

No abstract provided.

Representation Within Law School Settings, Ian S. Weinstein

Fordham Law Review

No abstract provided.

Assessment Of Systems For Delivering Legal Services, Andy Scherer

Fordham Law Review

No abstract provided.

Accessing Justice: Are Pro Se Clinics A Reasonable Response To The Lack Of Pro Bono Legal Services And Should Law School Clinics Conduct Them?, Margaret Martin Berry

Fordham Law Review

No abstract provided.

Nonlawyer Legal Assistance And Access To Justice, Alex J. Hurder

Fordham Law Review

No abstract provided.

Positional Conflicts In The Pro Bono Context: Ethical Considerations And Market Forces, Esther F. Lardent

Fordham Law Review

No abstract provided.