Law Commons^™

Love, Professional Responsibility, The Rule Of Law, And Clinical Legal Education, Steven H. Leleiko

Cleveland State Law Review

The primary purpose of this article is to explore the tensions which arise in persons who come to law school because they view the practice of law as an expression of their love and concern for people. In examining the underlying causes of these tensions, six related factors will be looked at: (1) the relationship between the values of traditional legal education and the support or lack of support which these values afford to the affective characteristics of students; (2) the role of one's job as a means of expressing love; (3) the role of job satisfaction in one's life; …

Professional Responsibility Of A Law Teachers, Norman Redlich

Cleveland State Law Review

What are the essential ingredients of the proposed code of professional responsibility for the law teacher? First, the law teacher should take seriously the subject of ethics and professional responsibility. Second, law teachers should insist on students adhering to professional standards. Third, the essential quid pro quo for insisting on high professional standards on the part of the student is for the law teacher to demonstrate respect for students and for their time. Law teachers should respond to the views of the students with the courtesy and respect accorded to fellow professionals. Respect for one's faculty colleagues is an important …

American Library Association Speech Transcript - Accompanying Letter, Judith F. Krug

A.L.A. (Librarians)

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American Library Association Speech Transcript, Monroe Freedman

A.L.A. (Librarians)

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Book Reviews: Ethics At The Edges Of Life / Samuel Johnson, L. Harold Levinson, J. Allen Smith

Vanderbilt Law Review

Professor Paul Ramsey,' writing as a Christian ethicist, has revised, extended, and updated the Bampton Lectures in America that he delivered in 1975 at Columbia University. The resulting book is Ethics at the Edges of Life: Medical and Legal Intersections. A substantial portion of the book is devoted to critical analysis of a number of landmark court decisions, all of which were rendered after his delivery of the Bampton lectures--Planned Parenthood v. Danforth, on abortion; Commonwealth v. Edelin, on the treatment of a fetus during or immediately after an abortion; In re Quinlan, on the termination of life support; and …

The Pursuit Of A Client's Interest, Warren Lehman

Michigan Law Review

There has been recently a resurgence of interest in how the lawyer serves his client. Much of that interest has been occasioned by the indigestibility of the idea that the lawyer is, as it is said, a hired gun. There are those who think that instead the lawyer ought to act toward his client as a therapist. Others are concerned with rationalizing for the lawyer the ethical discomforts of servantship (which many might guess have been brought to the fore by Watergate). Yet others see the client as victim of a structure - represented by the lawyer - that frustrates …

Persons And Consequences: Observations On Fried's Right And Wrong, Stephen R. Munzer

Michigan Law Review

A Review of Right and Wrong by charles Fried

Balzacian Legality, Thomas E. Carbonneau

Journal Articles

The study of law and literature is an area of growing interest to legal scholars in the United States. Honore de Balzac incorporated in his works a panoramic view of the social reality of nineteenth century France. In this context, the fidelity of Balzac's plots and characters to their external models has been well-documented in a number of fields, including sociology, commerce, and finance. In addition to this penchant for realism, however, Balzac laced his novels with an equally evident moral content. This commitment to accuracy and morality also influenced Balzac's novelistic treatment of the law and lawyers.

Balzac's work …

American Library Association Speech Thank You Letter, Monroe Freedman

A.L.A. (Librarians)

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American Library Association Speech Notes, Monroe Freedman

A.L.A. (Librarians)

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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.

Universalizability And Prescriptivity In Practical Reasoning, Robert Justin Lipkin

Robert Justin Lipkin

No abstract provided.

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 …

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

Law Faculty News Articles, Editorials, and Blogs

No abstract provided.

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 …

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 …

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.

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 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.

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

BYU Law Review

No abstract provided.

Ethical Standards For Fetal Experimenation, Michael M. Martin

Fordham Law Review

No abstract provided.

American Library Association Statement On Professional Ethics, American Library Association

A.L.A. (Librarians)

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

Case Western Reserve Law Review

No abstract provided.