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Articles 1 - 8 of 8
Full-Text Articles in Law
The Lawyer As A Public Citizen, Cruz Reynoso
The Lawyer As A Public Citizen, Cruz Reynoso
Maine Law Review
The Eleventh Annual Frank M. Coffin Lecture on Law and Public Service was held on October 17, 2002. Cruz Reynoso, Boochever and Bird Professor of Law at the University of California at Davis, School of Law and retired Associate Justice of the California Supreme Court, delivered the lecture. Established in 1992, the lecture honors Judge Frank M. Coffin, Senior Circuit Judge of the United States Court of Appeals for the First Circuit, an inspiration, mentor, and friend to the University of Maine School of Law. The Board and Staff of Volume 55 are honored to continue the tradition of publishing …
Understanding The Ethics Of Empowerment: An Elder Law Lawyer's Challenge Or Obligation?, Gregory T. Holtz
Understanding The Ethics Of Empowerment: An Elder Law Lawyer's Challenge Or Obligation?, Gregory T. Holtz
Northern Illinois University Law Review
This Article considers the concept of empowerment and the obligation lawyers have as they advise and counsel their clients, especially the elderly, in the use of estate planning documents which empower others to undertake responsibility on the client's behalf. The article proposes the lawyer achieve the "good result" for the client as a means of fulfilling that responsibility, applying it in the use of the durable power of attorney, advance directive, and psychiatric advance directive.
Constitutionalizing Ethics, Bennett L. Gershman
Constitutionalizing Ethics, Bennett L. Gershman
Pace Law Review
The purpose of this essay is not to weigh in the wisdom or utility in revising New York’s Constitution. However, in my opinion, one of the most compelling reasons to amend New York’s Constitution is the need to incorporate into the fundamental charter a meaningful code of ethics, including procedures for its enforcement, and sanctions for violations. New York over the past fifteen years has experienced more scandals, criminal prosecutions, and convictions of lawmakers and other government officials for corruption than any state in the nation. It is certainly arguable that the extent of New York’s corruption, and the widespread …
Alternative Business Structures: Good For The Public, Good For The Lawyers, Jayne R. Reardon
Alternative Business Structures: Good For The Public, Good For The Lawyers, Jayne R. Reardon
St. Mary's Journal on Legal Malpractice & Ethics
There has been a shift in consumer behavior over the last several decades. To keep up with the transforming consumer, many professions have changed the way they do business. Yet lawyers continue to deliver services the way they have since the founding of our country. Bar associations and legal ethicists have long debated the idea of allowing lawyers to practice in “alternative business structures,” where lawyers and nonlawyers can co-own and co-manage a business to deliver legal services. This Article argues these types of businesses inhibit lawyers’ ability to provide better legal services to the public and that the legal …
Ethics And The “Root Of All Evil” In Nineteenth Century American Law Practice, Michael Hoeflich
Ethics And The “Root Of All Evil” In Nineteenth Century American Law Practice, Michael Hoeflich
St. Mary's Journal on Legal Malpractice & Ethics
This Article discusses the bifurcated notions on the purpose of working as an attorney—whether the purpose is to attain wealth or whether the work in and of itself is the purpose. This Article explores the sentiments held by distinguished and influential nineteenth-century lawyers—particularly David Hoffman and George Sharswood—regarding the legal ethics surrounding attorney’s fees and how money in general is the root of many ethical dilemmas within the arena of legal practice. Through the texts of Hoffman and Sharswood, we find the origins of the ethical rules all American attorneys are subject to in their various jurisdictions.
Electronic Social Media: Friend Or Foe For Judges, M. Sue Kurita
Electronic Social Media: Friend Or Foe For Judges, M. Sue Kurita
St. Mary's Journal on Legal Malpractice & Ethics
The use of electronic social communication has grown at a phenomenal rate. Facebook, the most popular social networking website, has over 1,968,000,000 users—a number that has exponentially grown since its inception in 2004. The number of judges accessing and using electronic social media (ESM) has also increased. However, unlike the general population, judges must consider constitutional, ethical, technical, and evidentiary implications when they use and access ESM. The First Amendment forbids “abridging the freedom of speech” and protects the expression of personal ideas, positions, and views. However, the American Bar Association’s Model Code of Judicial Conduct and the Texas Code …
Through The Looking Glass In Indiana: Mandatory Reporting Of Child Abuse And The Duty Of Confidentiality, Alberto Bernabe
Through The Looking Glass In Indiana: Mandatory Reporting Of Child Abuse And The Duty Of Confidentiality, Alberto Bernabe
Notre Dame Law Review Reflection
This Essay will explain the issue presented by the 2015 Opinion issued by the Legal Ethics Committee of the Indiana State Bar addressing a lawyer's duty to conceal or disclose information regarding sexual abuse of a minor. It will go on to suggest the analysis needed for its proper resolution according to the Indiana Rules of Professional Conduct.
Louis Brandeis’S Arc Of Moral Justice, Katherine A. Helm
Louis Brandeis’S Arc Of Moral Justice, Katherine A. Helm
Touro Law Review
No abstract provided.