Law Commons^™

Lawyer-Controlled Title Insurance Companies: Legal Ethics And The Need For Insurance Department Regulation, H. Lee Roussel, Moses K. Rosenberg

Fordham Law Review

No abstract provided.

Lawyer-Controlled Title Insurance Companies: Legal Ethics And The Need For Insurance Department Regulation, H. Lee Roussel, Moses K. Rosenberg

Fordham Law Review

No abstract provided.

Recent Publications, Journal Staff

Vanderbilt Law Review

Bar Admission Rules and Student Practice Rules

Edited by Fannie J. Klein with contributions by Ms. Klein, Steven H. Leleiko, and Jane H. Mavity

In this single volume, the Council on Legal Education for Professional Responsibility provides the first comprehensive collection of state and federal bar admission and law student practice rules. - - - - - - - - -

Desegregation from Brown to Alexander: An Exploration of Supreme Court Strategies

By Stephen Wasby, Anthony D'Amato,and Rosemary Metrailer.

In 1954, the United States Supreme Court in Brown v. Board of Education (Brown I) held that "separate" education for blacks …

The Myth Of Legal Ethics, Eric Schnapper

Articles

The moral platitudes found in the Code of Professional Responsibility have little to do with legal ethics as actually enforced.

The Florida Grand Jury: Abolition Or Reform?, Robert Q. Williams

Florida State University Law Review

No abstract provided.

Turner V. State, 340 So. 2d 132 (Fla. 2d Dist. Ct. App. 1976), Melanie Hines Alford

Florida State University Law Review

Criminal Law- ETHICS- PUBLIC DEFENDER'S OFFICE IS A "LAW FIRM" FOR PURPOSE OF DETERMINING WHETHER CONFLICT EXISTS IN REPRESENTATION OF CODEFENDANTS.

Legal Ethics And The Government Lawyer, Eric Schnapper

Articles

All litigation presents to some degree, real though not always perceived, a conflict between each attorney's responsibility as a representative of his or her client and as an officer of the court. Winning the case and seeing that justice is done must be inconsistent goals for counsel on at least one side in a case, if not on both. However substantial this problem may be regarded, it is certainly more complex for counsel for the government. Unlike a private attorney subject to dismissal for ignoring a client's wishes, counsel for the government often has, subject to the variables of intragovernmental …

Book Reviews, Ernest Van Den Haag, James F. Neal

Vanderbilt Law Review

Consensual Government "The Morality of Consent" by Alexander M. Bickel

Reviewed by Ernest van den Haag

Bickel wanted to make the scope of the law comprehensive enough to proclaim the norms that are consensually perceived to be necessary to social life, yet to let individuals and groups pursue their choices without being forced to conform altogether to majority views or being strapped into judicial strait jackets. His work, and the unifying theme of this posthumous collection of essays, very largely consisted of elaborations of his answer to the question: how can we define the province of constitutional interpretation so as …

Quality Advocacy And The Code Of Professional Responsibility, The Ethics Of Dilatory Motion Practice: Time For Change, The Honorable David N. Edelstein

Fordham Law Review

One of the goals of the adversary system is to "secure the just, speedy, and inexpensive determination of every action." Chief Judge Edelstein maintains that a restriction on dilatory motion practice is needed to secure this goal. To that end he proposes an amendment to the Code of Professional Responsibilities, the United States Judicial Code, and the Federal Rules of Civil Procedure.

Quality Advocacy And The Code Of Professional Responsibility, Minnesota Plan: Mandatory Continuing Legal Education For Lawyers And Judges As A Condition For The Mantaining Of Professional Licensing, The Honorable Robert J. Sheran, Laurence C. Harmon

Fordham Law Review

At the Sixth Annual John F. Sonnett Memorial Lecture, Chief Justice Sheran of the Supreme Court of Minnesota presented a speech on Minnesota's decision to become the first state to mandate continuing legal education for all licensed attorneys and judges in the state. The purpose of the decision, which emphasizes the quality of advocacy in Minnesota, was to implement the concept of Canon 6 of the Code of Professional Responsibility which provided that a lawyer should reprsent a client competently. This Article discusses the considerations and process which led to the adoption of the Minnesota plan.

Quality Advocacy And The Code Of Professional Responsibility, Conflicts Of Interests--A Trial Judge's Notes, The Honorable Orrin G. Judd

Fordham Law Review

The quality of representation is undermined when a client's interests conflict with those of a third party, another client, a former client, or the attorney himself. In addition, a criminal defendant's interests in acquittal or a civil litigant's desire to vindicate his claim may run afoul of a court's search for truth. The Code of Professoinal Responsibility addresses the conflicts of interest problem directly and indirectly in a number of disciplinary rules and ethical considerations. Judge Judd enumerates these provisions in his reflections on some of the conflicts he has witnessed from the bench, and he outlines the judiciary's role …

Review Of Freedman’S “Lawyers’ Ethics In An Adversary System”, Ronald D. Rotunda

Law Faculty News Articles, Editorials, and Blogs

No abstract provided.

A Critique Of Lawyers' Ethics In An Adversary System, William R. Meagher

Fordham Urban Law Journal

Monroe Freedman’s book is largely a reiteration of his unorthodox views, previously aired in various law reviews and other professional publications, regarding ethical standards that should govern the conduct of the trial advocate. Since his positions contradict the behavioral principles codified in two publications of the American Bar Association—the Code of Professional Responsibility and the Standards Relating to the Defense Function—the author adopts the apologetic strategy of impugning both the credibility and the viability of these precepts in order to justify his contrary stance and to clear the way for its general acceptance.

Quality Advocacy And The Code Of Professional Responsibility, The Attorney-Client Relationship And The Code Of Professional Responsibility: Suggested Attorney Liability For Breach Of Duty To Disclose Fraud To The Securities Exchange Commission, Alan C. Myers

Fordham Law Review

The imposition of increased obligations and liabilities on securities lawyers threatens not onlly the attorney, but the quality of his representation as well. Alan Myers examines the possible consequences of the current expansion of liability, and suggests what the securities lawyer's obligations and liabilities should be under DR 7-102(B)(1) and DR 101(C)(3) of the Code of Professional Responsibility.

Professional Responsibility: Education And Enforcement, Robert H. Aronson

Articles

The fallout from the Watergate scandals has had a profound effect upon the legal profession because many of the prominent offenders were attorneys. The severity of the conduct involved and the suspicion that the activities publicized represent merely the tip of the iceberg have caused the American Bar Association, state and local bar committees, and law schools to seek new ways of educating prospective lawyers with respect to their ethical duties, and to seek more effective sanctions against ethically deficient attorneys. It is ironic, however, that increased awareness and activity in the area of legal ethics should be motivated by …

Ethics, Morality, And Professional Responsibility, Dallin H. Oaks

BYU Law Review

No abstract provided.

American Library Association Statement On Professional Ethics, American Library Association

A.L.A. (Librarians)

Description goes here.

Experimenting On Human Subjects: Philosophical Perspectives, Ruth Macklin, Susan Sherwin

Case Western Reserve Law Review

No abstract provided.

Ethical Standards For Fetal Experimenation, Michael M. Martin

Fordham Law Review

No abstract provided.

Compulsory Lifesaving Treatment For The Competent Adult, Robert M. Byrn

Fordham Law Review

No abstract provided.

Euthanasia And The Right To Die—Moral, Ethical And Legal Perspectives, Bruce Vodiga

Chicago-Kent Law Review

No abstract provided.

Discipline Of Judges In Maryland - In Re Diener And Broccolinol In Re Foster

Maryland Law Review

No abstract provided.

Governmental Control Of Research In Positive Eugencis, I. Scott Bass

University of Michigan Journal of Law Reform

This article examines the potential societal problems that would accompany the implementation of eugenics programs and considers possible mechanisms for dealing with these problems. Governmental control of research in positive eugenics is identified as a practical means of preempting the undesirable consequences of scientific advances. Since proposed government research controls would infringe upon academic freedom of inquiry, the constitutional issues raised by this clash are framed and analyzed.

Book Reviews

Fordham Law Review

No abstract provided.

Logic Vs. Value Judgment In Legal And Ethical Thought, Thomas R. Mccoy

Vanderbilt Law Review

Drugs. Abortion. Race. War. Dissent. Civil disobedience and disruption. Air, water, noise pollution. The standard fare with which we are assaulted by the daily news. American society is swamped in a sea of questions that appear to defy answer. It is the thesis of this paper that the unanswerability of many social questions persists because of the inadequacy of the thought patterns through which they are approached. These thought patterns fail because they reflect the structure of our language rather than the structure of reality. This thesis is not new; it has been set forth several times in different forms …

On Lawful Governments, Joseph Raz

Faculty Scholarship

What is the meaning of sentences of the form 'X is the lawful government of the country Y,' and what kinds of statements are normally -made by using them? Most answers to these questions can be classified as legalistic, moralistic, or compromise solutions. The gist of the legalistic approach is that the lawful government is that authorized by the positive law of the land. Critics of the legalistic approach point out that disagreement about the lawful government is not always solved when agreement is reached about the positive law of the land. For example, two people may disagree as to …

False Or Suppressed Evidence: Why A Need For The Prosecutorial Tie, Ronald L. Carlson

Scholarly Works

Many United States Supreme Court decisions have overturned criminal convictions for the reason that the government employed false evidence to obtain the conviction or failed to disclose relevant evidence important to the defense. In reversing federal or state judgments, the Court often has located direct proof of wrongdoing by the prosecutor. The notorious "bloody shorts" case is an example in point.' There, the state introduced as evidence a pair of men's "blood-stained" undershorts to achieve conviction of the accused. When the blood turned out to be red paint, the Supreme Court granted habeas corpus relief to the defendant because "[it …

Waiver Of The Physician-Patient Privilege In Missouri, Thomas E. Toney

Missouri Law Review

The present Missouri privilege statute is as follows: The following persons shall be incompetent to testify: .... a physician or surgeon, concerning any information which he may have acquired from any patient while attending him in a professional character, and which information was necessary to enable him to prescribe for such patient as a physician or do any act for him as a surgeon. Even though the statute speaks of being "incompetent to testify" the statute has been interpreted to mean that it creates a physician-patient privilege. To claim the benefit of this statute two requirements must be met. First, …

Review Of Concerning Dissent And Civil Disobedience, By A. Fortas, Terrance Sandalow

Reviews

Noah Chomsky has written of Justice Fortas' essay that it "is not serious enough for extended discussion." It would be a mistake to dismiss the essay so lightly. The prestige of Justice Fortas' office almost inevitably will gain for the essay an audience it would not otherwise have had, among whom will be those who will confuse the office with the argument. For some this confusion will insulate the argument from criticism. For others it will tarnish the office.

Book Review, Michael E. Tigar

Faculty Scholarship

No abstract provided.