Law Commons^™

The Ethics Of Dissent And Friendship In The American Professions, Thomas L. Shaffer

Journal Articles

Professional ethics is commonly understood as a creature of the establishment—the study of what the better doctors and lawyers do and impose on their colleagues. But this traditional notion of ethics conveys a message that professionals need only care for their clients or patients to a certain point whether it is the end of the professional’s expertise, the end of the contract or the end of an assigned task. But this ethical understanding loses the sense of professionals serving a community. This Article dissents from that common understanding of ethics and tells dissenting-professional stories that show professional ethics through the …

Law's Halo, Donald H. Regan

Articles

Like many people these days, I believe there is no general moral obligation to obey the law. I shall explain why there is no such moral obligation - and I shall clarify what I mean when I say there is no moral obligation to obey the law - as we proceed. But also like many people, I am unhappy with a position that would say there was no moral obligation to obey the law and then say no more about the law's moral significance. In our thinking about law in a reasonably just society, we have a strong inclination to …

The Emperor Gideon Has No Clothes: The Empty Promise Of The Constitutional Right Of Effective Assistance Of Counsel, Richard Klein

Scholarly Works

No abstract provided.

Getting Serious About Legal Ethics, Thomas L. Shaffer

Journal Articles

This essay is a slightly reworked version of the introduction lo the author's book American Legal Ethics (1985). Copyright 1985 by Matthew Bender & Co. , Inc. ; reprinted with permission. Portions of this essay originally appeared as an article in The University of Baltimore Law Forum, Fall, 1983, p. 6, and are used here with the permission of that journal.

Representing The Water Client [Outline], David W. Robbins

Western Water Law in Transition (Summer Conference, June 3-5)

3 pages.

Agenda: Western Water Law In Transition, University Of Colorado Boulder. Natural Resources Law Center

Western Water Law in Transition (Summer Conference, June 3-5)

Conference organizers and/or faculty included University of Colorado School of Law professors James N. Corbridge, Jr., Lawrence J. MacDonnell, Richard B. Collins, David H. Getches and Charles F. Wilkinson.

The prior appropriation doctrine has governed the allocation and use of water in the western United States since the 1850s. The shifting nature of water demand is bringing about changes in the traditional legal system. This conference will consider the fundamental principles of the prior appropriation doctrine together with the important new developments in the law now underway throughout the West.

Selective Nontreatment Of Handicapped Newborns, Michigan Law Review

Michigan Law Review

A Review of Selective Nontreatment of Handicapped Newborns by Robert Weir

Ethical Problems Of An International Human Rights Law Practice, David Weissbrodt

Michigan Journal of International Law

This article examines two sources of ethical constraint on U.S. lawyers practicing international human rights law: the Model Code of Professional Responsibility (CPR or Model Code), which was adopted by the American Bar Association (ABA) in 1969, and the Model Rules of Professional Conduct (Model Rules), which were adopted in 1983. Part I establishes that these sources apply to the U.S. lawyer regardless of whether or not the lawyer is in the United States and whether or not he is acting as an attorney. Attorneys who leave the countries where they practice law and travel to other nations to observe …

Taking And Pursuing A Case: Some Observations Regarding "Legal Ethics" And Attorney Accountability, Richard H. Underwood

Law Faculty Scholarly Articles

This Article addresses some of the potential liabilities that may arise from an attorney's decision to decline, refer, undertake, continue or discontinue the prosecution of a civil action. This Article suggests that counsel's obligations to his or her client, adversary, and fellow members of the bar, as well as to the judiciary and the justice system, can be balanced without subjecting attorneys to liability. This balance can be attained, however, only if potential problems are spotted and minimal precautions are taken.

Private Settlement As Alternative Adjudication: A Rationale For Negotiation Ethics, Robert B. Gordon

University of Michigan Journal of Law Reform

A rule of ethics like the one proposed in this Note takes a step toward this goal. Part I explores the general nature of unethical settlement negotiation, and the inadequate responses offered by both the American Bar Association Model Code of Professional Responsibility and the American Bar Association Model Rules of Professional Conduct. Part II presents a theory for recognizing private settlement negotiation as a substantive component of the adjudicatory process, deserving of all the ethical protections afforded forensic litigation. Part III evaluates certain proposals for reform and responds to various criticisms commonly leveled against efforts to regulate private negotiation …

Some Reflections On Conflicts Between Government Attorneys And Clients, Jack B. Weinstein, Gay A. Crosthwait

Touro Law Review

No abstract provided.

Book Review Of Solutions To Ethical And Legal Problems In Social Research, Larry I. Palmer

Faculty Publications

No abstract provided.

On Preferences And Promises: A Response To Harsanyi, Donald H. Regan

Articles

John C. Harsanyi sketches an entire normative and metaethical theory in under twenty pages. Combining breadth and brevity, his essay is useful and interesting. It reveals the interrelations between Harsanyi's positions on various issues as no longer work or series of articles could do. But by virtue of its programmatic nature, the essay creates a dilemma for a commentator, at least for one who finds many things to disagree with. If I responded to Harsanyi in the same sweeping terms in which he argues, we would end up with little more than opposing assertions. At the other extreme, I could …

Book Review Of Ethics And The Rule Of Law, Kent Greenawalt

Journal of Legal Education

No abstract provided.

Injustice, Inequality And Ethics, Michigan Law Review

Michigan Law Review

A Review of Injustice, Inequality, and Ethics by Robin Barrow

Ethics, Public Policy And Criminal Justice, Michigan Law Review

Michigan Law Review

A Review of Ethics, Public Policy and Criminal Justice by Frederick Elliston and Norman Bowie

Commissioning Morallity: An Introduction To The Symposium, Alan J. Weisbard, John D. Arras

Cardozo Law Review

No abstract provided.

Morality And Contemporary Culture: The President's Commission And Beyon, Daniel Callahan

Cardozo Law Review

No abstract provided.

Ethics, Politics, And Access To Health Care: A Critical Analysis Of The President's Commission For The Study Of Ethical Problems In Medicine And Biomedical And Behavioral Research, Ronald Bayer

Cardozo Law Review

No abstract provided.

The Gentleman In Professional Ethics, Thomas L. Shaffer

Journal Articles

The character of the “gentlemen” has served as a basis for ethics in professionalism. The purpose of this article is to describe the gentleman’s ethics, to explain its implications on the legal profession, to test its adequacy, and to argue that the gentleman’s ethic veered wrong by moving away from its religious tradition. In particular, the author analyzes its adequacy by engaging in four tests including (1) whether the gentleman’s ethic survives conceptions of class and professionalism; (2) whether it provides the skills needed for dealing with power and institutions; (3) whether it takes into account the “tragic nature of …

The A.B.A. Model Rules Of Professional Conduct, M. Peter Moser

University of Baltimore Law Forum

No abstract provided.

The Limits Of Obligation, Michigan Law Review

Michigan Law Review

A Review of The Limits of Obligation by James S. Fishkin

Toward A Common Law For Undercover Investigations - A Book Review Of Abscam Ethics: Moral Issues And Deception In Law Enforcement, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

University Of Baltimore Law Forum Volume 14 Number 1 (Fall 1983) Front Matter

University of Baltimore Law Forum

No abstract provided.

Point/Counterpoint: Lawyer Advertising - We Will Hand You No Line Before Its Time, John A. Lynch Jr.

University of Baltimore Law Forum

No abstract provided.

Legal Ethics And Class Actions: Problems, Tactics And Judicial Responses, Richard H. Underwood

Law Faculty Scholarly Articles

Perhaps no procedural innovation has generated more controversy than the class action. As Professor Arthur Miller has observed, debate over “class action problem[s]” has raged at several different levels. For example, opponents and proponents of class actions disagree on whether such actions produce socially desirable results in an economical fashion and whether an already overburdened judiciary can handle the additional supervisory demands of the class action. Recently, a somewhat more ideological dialogue has addressed the merit of publicly funded class actions. Such questions arise only indirectly in the context of class action litigation. However, a certain hostility toward class actions …

The Ethics Of Argument: Plato's Gorgias And The Modern Lawyer, James Boyd White

Articles

In what follows I shall analyze Plato's text and do my best to suggest a response to it. But I should say at the outset that for the modern lawyer and law teacher this is not merely an academic exercise, for we in fact are rhetoricians very much as Plato defines them. What is at stake for us in reading this dialogue is what it means to have devoted ourselves to the set of social and intellectual practices that define the profession of law. We have a special relation to this text, for we can in the full Platonic sense …

The Confidential Communication Element Of The Attorney-Client Privilege, Gerald Sobel

Cardozo Law Review

No abstract provided.

Attorney Compensation In Bankruptcy: The Ethical Obligation, Kimberly S. Armstrong

University of Baltimore Law Forum

No abstract provided.

The Attorney Grievance Commission: Its Purpose And Objective, Melvin Hirshman

University of Baltimore Law Forum

No abstract provided.