Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
Articles 1 - 15 of 15
Full-Text Articles in Law
Nihilism Need Not Apply: Law And Literature In Barth's The Floating Opera, Rob Atkinson
Nihilism Need Not Apply: Law And Literature In Barth's The Floating Opera, Rob Atkinson
Scholarly Publications
No abstract provided.
Telling Stories About Cases And Clients: The Ethics Of Narrative, Binny Miller
Telling Stories About Cases And Clients: The Ethics Of Narrative, Binny Miller
Articles in Law Reviews & Other Academic Journals
In recent years, narrative has achieved great prominence in legal scholarship and in much other academic work, although the concept is not new. The legal realists always have emphasized the importance of stories; as long ago as 1941, Karl Llewellyn published case studies of the Cheyenne and their dispute settlement practices. In step with the popularity of narrative in legal scholarship, stories about the individuals behind the legal doctrine are increasingly common. While the terms "narrative" and "story" are sometimes used interchangeably, they are not quite the same thing.
A Cause Worth Quitting For? The Conflict Between Professional Ethics And Individual Rights In Discriminatory Treatment Of Corporate Counsel, Rachel S. Arnow Richman
A Cause Worth Quitting For? The Conflict Between Professional Ethics And Individual Rights In Discriminatory Treatment Of Corporate Counsel, Rachel S. Arnow Richman
Indiana Law Journal
No abstract provided.
Ready Or Not, Here They Come: Why The Aba Should Amend The Model Rules To Accommodate Multidisciplinary Practices, Bradley G. Johnson
Ready Or Not, Here They Come: Why The Aba Should Amend The Model Rules To Accommodate Multidisciplinary Practices, Bradley G. Johnson
Washington and Lee Law Review
No abstract provided.
Pulliam V. Coastal Emergency Services Of Richmond, Inc.: Reconsidering The Standard Of Review And Constitutionality Of Virginia's Medical Malpractice, Elizabeth Keith
Pulliam V. Coastal Emergency Services Of Richmond, Inc.: Reconsidering The Standard Of Review And Constitutionality Of Virginia's Medical Malpractice, Elizabeth Keith
Articles in Law Reviews & Other Academic Journals
Consider the following scenario. A plaintiff is injured in a devastating automobile accident and a jury finds the other driver negligent. As a result of that driver's negligence, the plaintiff is now a quadriplegic. The jury, after careful deliberation and calculation, awards $4.5 million to the plaintiff consisting of both economic damages for past and future medical expenses, as well as non-economic damages for pain and suffering and loss of enjoyment of life. Now consider a similar scenario. The plaintiff is a patient who is injured during a low-risk surgical procedure and a jury finds the surgeon negligent. As a …
Is Meaningful Regulation Of Lawyers In Multidisciplinary Firms Possible?, Denise D. J. Roy
Is Meaningful Regulation Of Lawyers In Multidisciplinary Firms Possible?, Denise D. J. Roy
Faculty Scholarship
If the legal profession embraces multidisciplinary practice (MDP) and allows fee-sharing with nonlawyers, there is a risk that its values, independence, and professionalism will fall prey to market pressures and control by outsiders. On the other hand, rejecting MDP means risking losing business to the multidisciplinary firms already established. The question is whether there is a compromise that provides meaningful regulation of lawyers practicing in multidisciplinary firms.
Law, Ethics, And Religion In The Public Square: Principles Of Restraint And Withdrawal, Samuel J. Levine
Law, Ethics, And Religion In The Public Square: Principles Of Restraint And Withdrawal, Samuel J. Levine
Scholarly Works
In recent years, scholars have begun to recognize and discuss the profound questions that arise in attempting to determine the place of religion in the law and the legal profession. This discussion has emerged on at least two separate yet related levels. On one level, scholars have debated the place of religion in various segments of the public sphere, including law and politics. On a second level, lawyers have expressed the aim to place their professional values and obligations in the context of their overriding religious obligations. This article explores, from both an ethical and jurisprudential perspective, the question of …
Abuse Of Confidentiality And Fabricated Controversy: Two Proposals, John A. Humbach
Abuse Of Confidentiality And Fabricated Controversy: Two Proposals, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
This article is framed as a discussion of two proposals for modifying the Model Rules. One would declare fabricated controversy to be out of bounds as a tactical tool. The other would expressly affirm that it is an abuse of confidentiality for lawyers to engage in strategies of partial-truth advocacy, to assert partial truths while deliberately holding back other information that the lawyer should know is needed in order not to mislead others. Both of these techniques, fabrication of controversy and partial-truth advocacy, tend to undercut the trial as a “search for truth” and both interfere with negotiations as a …
Municipal Ethics Remain A Hot Topic In Litigation: A 1999 Survey Of Issues In Ethics For Municipal Lawyers, Patricia E. Salkin
Municipal Ethics Remain A Hot Topic In Litigation: A 1999 Survey Of Issues In Ethics For Municipal Lawyers, Patricia E. Salkin
Scholarly Works
No abstract provided.
Litigators’ Ethics, Michael E. Tigar
Is The Rule Of Law Cosmopolitan?, Robin West
Is The Rule Of Law Cosmopolitan?, Robin West
Georgetown Law Faculty Publications and Other Works
What I will argue in the bulk of the paper is that whether or not the rule of law implies ethical cosmopolitanism depends: it depends on how we understand or interpret the legalistic sense of justice that law and the rule of law seemingly require. The virtue that we sometimes call legal justice, and the correlative meaning of the rule of law to which it is yoked, can plausibly be subjected to a range of different interpretations, each resting on quite different understandings of the point of law and of what the individual law is meant to protect. Some of …
In Hell There Will Be Lawyers Without Clients Or Law, Susan P. Koniak, George M. Cohen
In Hell There Will Be Lawyers Without Clients Or Law, Susan P. Koniak, George M. Cohen
Faculty Scholarship
Class action abuse is a particularly interesting area in which to explore both when and why law might fail to affect lawyer conduct and the complexity of the lawyer-entity relationship. By class action abuse, we have in mind three related problems: collusive settlements, inadequate representation of class interests, and payoffs to objectors and their counsel. The law condemns collusive settlements and the lawyers who make them.20 It demands that class counsel adequately represent the class.21 Paying objectors and their counsel to drop their challenges to class settlements is, at best, legally questionable behavior and, at worst, evidence of …
William H. Simon: Thinking Like A Lawyer – About Ethics, William H. Simon, Robert D. Taylor, Bruce S. Ledewitz, Margaret K. Krasik, Sean P. Kealy
William H. Simon: Thinking Like A Lawyer – About Ethics, William H. Simon, Robert D. Taylor, Bruce S. Ledewitz, Margaret K. Krasik, Sean P. Kealy
Faculty Scholarship
This is the edited text of a panel discussion held as part of the legal ethics curriculum at Duquesne University Law School on October 24, 1999. The speakers have had the opportunity to update and correct this text; therefore, this printed version may deviate slightly from what was presented.
Symposium, Legal Ethics For Government Lawyers: Straight Talk For Tough Times: Introduction, Randy Lee
Symposium, Legal Ethics For Government Lawyers: Straight Talk For Tough Times: Introduction, Randy Lee
Randy Lee
No abstract provided.
German Mdps: Lessons To Learn, Laurel S. Terry
German Mdps: Lessons To Learn, Laurel S. Terry
Laurel S. Terry
This article is the third of four major articles or book chapters that I have written about MDPs. This article focuses on German multidisciplinary partnerships (MDPs) between lawyers and accountants. The German MDP experience is important because Germany is one of the few jurisdictions that expressly permits MDPs and because conferences about World Trade Organization's General Agreement on Trade in Services (the GATS) have cited to Germany when suggesting that other countries' MDP bans may be unnecessarily restrictive. After introducing common MDP regulatory issues, this article focuses on Germany. The article explains Germany's current regulation of MDPs and provides a …