Law Commons^™

Mid-Atlantic Ethics Committee Newsletter, Summer 1993

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

An Introduction To The European Community's Legal Ethics Code - Part I: An Analysis Of The Ccbe Code Of Conduct, Laurel Terry

Faculty Scholarly Works

This article, which is Part 1 of two articles, examines the CCBE Code of Conduct. CCBE is the acronym used to describe the Council of the Bars and Law Societies of the European Community; the CCBE has been recognized as the official representative of the legal profession with the European Community. In 1988, the CCBE adopted a code of conduct that was intended to apply to situations in which lawyers from one CCBE Member of Observer State were involved with lawyers from another CCBE State. This article summarizes the development of the CCBE Code of Conduct, explains who it applies …

The Ethics Of Criminal Defense, William H. Simon

Michigan Law Review

A large literature has emerged in recent years challenging the standard conception of adversary advocacy that justifies the lawyer in doing anything arguably legal to advance the client's ends. This literature has proposed variations on an ethic that would increase the lawyer's responsibilities to third parties, the public, and substantive ideals of legal merit and justice.

With striking consistency, this literature exempts criminal defense from its critique and concedes that the standard adversary ethic may be viable there. This paper criticizes that concession. I argue that the reasons most commonly given to distinguish the criminal from the civil do not …

Is Value Billing The Answer: A Response To The Individual Practitioner And Commercialism In The Profession,, Marilyn V. Yarbrough

South Carolina Law Review

No abstract provided.

Getting The Word, David Luban

Michigan Law Review

A Review of The Word and the Law by Milner S. Ball

The Business Of The Law In The 1990s, Phillip J. Nexon

South Carolina Law Review

No abstract provided.

The Many Futures Of The Big Law Firm, Marc Galanter, Thomas Palay

South Carolina Law Review

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Spring 1993

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Legal Developments: Ethics In Government Federal Advisory Committees, Foreign Conflicts Of Interest, The Constitution, And Dr. Franklin's Snuff Box, Gerald S. Schatz

University of the District of Columbia Law Review

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Winter 1993

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Outing In The Time Of Aids: Legal And Ethical Considerations, John F. Hernandez

St. Thomas Law Review

No abstract provided.

Pregnancy And Aids, Martha A. Field

Maryland Law Review

No abstract provided.

Beyond Homelessness: Ethics, Advocacy, And Strategy, Maria Foscarinis

Saint Louis University Public Law Review

No abstract provided.

Keeping The Faith: A Model Local Ethics Law - Content And Commentary, Mark Davies

Fordham Urban Law Journal

Investigations by the New York Temporary State Commission on Local Government Ethics has revealed serious problems in local government ethics laws. While in large part local officials behave ethically, due to lack of adequate guidance provided by existing local ethics rules, these officials are often perceived as acting unethically. The commission's investigations reveals a long list of commonplace activities by local officials that, while questionable, do not technically violate existing local ethics standards. The Model Local Ethics Law proposed by the commission, which was not seriously considered by the State legislature, would do much to clarify the bounds of ethical …

Ethics And The Representation Of Professional Athletes, George Cohen

Marquette Sports Law Review

No abstract provided.

Financial Arrangements In Class Actions, And The Code Of Professional Responsibility, Daniel J. Capra, Thomas W. Jackson, John Koeltl

Fordham Urban Law Journal

The Rules of Professional Conduct impose various restrictions relating to attorney fees and the payment of litigation costs, which are designed to preserve the lawyer's role as a zealous but objective advocate. Class actions stand apart from other kinds of litigation in that they are designed to promote efficiency by their combining like claims into single actions, and individual justice by their vindicating claims that if taken individually might not be economically viable. In light of these special concerns, the courts have carved out several exceptions to ordinary attorney's fees, litigation expense, and disbursement rules that they routinely apply to …

State Of New York Temporary State Commission On Local Government Ethics Final Report

Fordham Urban Law Journal

The New York Temporary State Commission on Local Government Ethics was constituted in 1987 in response to several ethics scandals in New York City government. The commission was tasked primarily with aiding local governments in evaluating and revising their own ethics standards, and with proposing new municipal ethics legislation for the State of New York. The commission's proposal for local ethics reform rested on the propositions that most local officials are honest and ethical; that local governments are heavily dependent on volunteers; that local government ethics must be enforced at the local level; that ethics rules must be reasonable, sensible, …

The Big Black Man Syndrome: The Rodney King Trial And The Use Of Racial Stereotyes In The Courtroom, Lawrence Vogelman

Fordham Urban Law Journal

Rodney King was portrayed as the prototypical "Big Black Man". Having recognized the existence of the Big Black Man Syndrome as a factor in the Rodney King Case, what are the moral and ethical implications of allowing defense counsel to so cleverly play upon the racial fears they evidently recognized? The issue is whether the use of racist arguments by defense counsel in a criminal trial is unethical. This essay explores the ethical consideration that come into play where a trial advocate is faced with a case where racism, homophobia, or ethnic prejudice is part of the courtroom dynamic.

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.

Morality And Legal Reasoning, Gerard V. Bradley

Journal Articles

Natural law has been derided by several generations of intellectuals as "nonsense on stilts" (Bentham) or a "brooding omni- presence in the sky" (Holmes). Nevertheless, the idea refuses to go away. For a long time natural law theory was the preserve of neo- Scholastic theologians and philosophers in Roman Catholic universities and seminaries. In a nice bit of irony, however, just as Catholic institutions have begun to secularize by adopting the norms and standards of prominent institutions such as Harvard, Oxford, and Princeton, defenders of natural law theory have suddenly popped up at just these establishments. Fully equipped with the …

Whose Loyalties?, Christina B. Whitman

Reviews

It is disconcerting to open a book subtitled An Essay on the Morality of Relationships and find that the two case studies that most interest the author are reciting the Pledge of Allegiance in public schools and the criminalization of flag burning. Although George Fletcher begins to make his case for giving moral priority to loyalties by referring to the impulse to save one's mother from a burning house (p. 12), he is more concerned with the ties that bind individuals to groups than with the ethics of relationships between individuals. The loyalties to which Fletcher would give "moral importance" …

Mid-Atlantic Ethics Committee Newsletter, Fall 1992

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

The Psychiatrist And Execution Competency: Fording Murky Ethical Waters, Douglas Mossman Md

Faculty Articles and Other Publications

The focus of this article is whether it is ethical for physicians to participate in the evaluation or treatment of condemned prisoners who are incompetent. According to Ward, this may be the "ultimate question, faced by psychiatrists who are asked to deal with execution competency. This article is not intended to offer an answer to this question. Rather, it seeks to (1) elucidate issues connected to the "ultimate question's" resolution, (2) articulate a set of premises within which psychiatrists should evaluate their relationship to institutions whose purposes include punishing criminals, and (3) suggest that, if the death penalty itself is …

Ethics, James E. Bradley, J. E. Pilgreen Iv, Robin M. Johnson

South Carolina Law Review

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Summer 1992

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Promises Of Confidentiality: Do Reporters Really Have To Keep Their Word, Harold B. Oakley

Missouri Law Review

In an industry in which information is the ultimate commodity, a new dilemma that confronts the media world is whether the First Amendment protects news gatherers from sources who try to enforce promises of confidentiality. The debate raised in Cohen v. Cowles Media Co. pits the First Amendment freedoms of the press and speech against concepts of contracts and torts that are deeply rooted in our legal heritage. At least two reasons make promises of confidentiality important to the newsgathering profession. First, breaking a promise of confidentiality that has induced a source to provide information is dishonorable. Second, sources may …

Mid-Atlantic Ethics Committee Newsletter, Spring 1992

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Is Altruism Possible In Lawyering?, Carrie Menkel-Meadow

Georgia State University Law Review

No abstract provided.

Conducting Informal Discovery Of A Party's Former Employees: Legal And Ethical Concerns And Constraints, Susan J. Becker

Maryland Law Review

No abstract provided.

The Ethics Of Meaning, James Boyd White

Book Chapters

In choosing what I call "the ethics of meaning" as the subject of this chapter I bring together two of the most complex and difficult terms in our language. To begin with "meaning", few things are harder to talk about than the complex and tangled process by which what we say - or do - takes on a meaning for another. Meaning is a mixture of conscious intention and subconscious wish, of expectation and imagination, of varying and often incompatible perceptions of context, and this on the part of both writer and reader. As for "ethics": it involves nothing less …