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Full-Text Articles in Law

Symposium Introduction, Ellen Yaroshefsky Sep 2018

Symposium Introduction, Ellen Yaroshefsky

Hofstra Law Review

This symposium presents case studies of the often difficult ethical and tactical issues confronted by lawyers for social justice movements. These case studies were developed by the pairing of movement lawyers with legal ethicists and enriched by the discussions at the Movement Lawyering Ethics Roundtable. They seek to provide guidance to lawyers facing these recurrent issues. This issue also includes an essay entitled "Rebuilding the Ethical Compass of Law" and reading guides with selected bibliographies.


Institutional Pluralism And The (Hoped-For) Effects Of Candor And Integrity In Legal Scholarship, Paul Horwitz Jun 2018

Institutional Pluralism And The (Hoped-For) Effects Of Candor And Integrity In Legal Scholarship, Paul Horwitz

Marquette Law Review

None


The Scholar's Dilemma, Chad Oldfather Jun 2018

The Scholar's Dilemma, Chad Oldfather

Marquette Law Review

None


The Ethics Of Normative Legal Scholarship, Robin West Jun 2018

The Ethics Of Normative Legal Scholarship, Robin West

Marquette Law Review

None


A Thought Experiment About The Academic "Billable" Hour Or Law Professors' Work Habits, Eli Wald Jun 2018

A Thought Experiment About The Academic "Billable" Hour Or Law Professors' Work Habits, Eli Wald

Marquette Law Review

None


Legal Scholars' Ethical Responsibilities Concerning Neutrality And Objectivity, Candor And Exhaustiveness, Neil Hamilton Jun 2018

Legal Scholars' Ethical Responsibilities Concerning Neutrality And Objectivity, Candor And Exhaustiveness, Neil Hamilton

Marquette Law Review

None


The Truth Of The Matter: Why The Social Contract Dictates Legal Scholars' Sincerity, Candor, & Thoroughness, Nicola A. Boothe-Perry Jun 2018

The Truth Of The Matter: Why The Social Contract Dictates Legal Scholars' Sincerity, Candor, & Thoroughness, Nicola A. Boothe-Perry

Marquette Law Review

None


The Ethics Of Baiting And Switching In Law Review Submissions, Ryan Scoville Jun 2018

The Ethics Of Baiting And Switching In Law Review Submissions, Ryan Scoville

Marquette Law Review

None


Conference On The Ethics Of Legal Scholarship Jun 2018

Conference On The Ethics Of Legal Scholarship

Marquette Law Review

None


Uncharted Waters? Legal Ethics And The Benefit Corporation, Joseph Pileri May 2018

Uncharted Waters? Legal Ethics And The Benefit Corporation, Joseph Pileri

St. Mary's Journal on Legal Malpractice & Ethics

Corporate law norms are reflected in lawyers’ ethical duties. The enactment of benefit corporation legislation across the country signals a legislative acknowledgment that corporate law can serve as a public, rather than a merely private, ordering mechanism. Benefit corporations expressly adopt a public benefit as a legal purpose of the enterprise. While many have written about this important development with respect to corporate fiduciary law, this essay is the first to explore the professional and ethical responsibility of lawyers representing benefit corporations. In the last century, as scholars and courts drove an understanding of corporate law that elevated the interests …


It’S A Trap! The Ethical Dark Side Of Requests For Admission, Colin Flora May 2018

It’S A Trap! The Ethical Dark Side Of Requests For Admission, Colin Flora

St. Mary's Journal on Legal Malpractice & Ethics

Due largely to an overlap of authority between disciplinary bodies charged with supervising the professional conduct of attorneys and the authority of courts to supervise litigation, the ethical ramifications of routine discovery abuses often pass without comment. That is because disciplinary authorities routinely defer to courts to police litigation behavior despite courts frequently rejecting the role of enforcers of professional rules. A further contributing factor to unethical conduct becoming routine practice in discovery are ill-defined parameters and a dearth of guidance. One tool in particular, requests for admission, has gone overlooked in the literature and caselaw, but poses unique ethical …


A Human Rights Code Of Conduct: Ambitious Moral Aspiration For A Public Interest Law Office Or Law Clinic, Lauren E. Bartlett Apr 2018

A Human Rights Code Of Conduct: Ambitious Moral Aspiration For A Public Interest Law Office Or Law Clinic, Lauren E. Bartlett

St. John's Law Review

(Excerpt)

Part I of this Article argues that the lack of moral aspiration in legal ethics rules helps contribute to unhappy and unhealthy law students and lawyers, undermining the legal profession. Part II reviews the existing rules and standards that guide the ethical behavior of lawyers in the United States, arguing that all too often the binding rules focus on providing guide posts, signaling where behavior is unacceptable and disciplinary action is possible, instead of providing moral aspiration and options or next steps to describe what a lawyer should do to deal with an ethical dilemma.

Part III of this …


Savior Siblings In The United States: Ethical Conundrums, Legal And Regulatory Void, Zachary E. Shapiro Apr 2018

Savior Siblings In The United States: Ethical Conundrums, Legal And Regulatory Void, Zachary E. Shapiro

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Competing Liabilities: Responding To Evidence Of Child Abuse That Surface During The Attorney-Client Relationship, Alison Beyea Feb 2018

Competing Liabilities: Responding To Evidence Of Child Abuse That Surface During The Attorney-Client Relationship, Alison Beyea

Maine Law Review

Kevin Adams, a practicing attorney in Maine, represents John Brown in a dispute with Brown's landlord. Brown is facing eviction as a result of his inability to pay the rent. Over the course of the representation, Adams has come to believe that Brown is abusing his son. Brown--who is working two jobs but still cannot pay his rent--has told Adams of the incredible pressure he is facing. Brown has admitted that the pressure is getting to him and that he feels bad that he has been “taking it out on the kid.” Brown also told Adams that he had been …


Towering Figures, Enigmas, And Responsive Communities In American Legal Ethics, Thomas L. Shaffer Feb 2018

Towering Figures, Enigmas, And Responsive Communities In American Legal Ethics, Thomas L. Shaffer

Maine Law Review

The Annual Edward S. Godfrey Lecture at the University of Maine School of Law was held on November 12, 1998. Professor Thomas L. Shaffer, Edward S. Godfry Professor of Law, presented “Towering Figures, Enigmas, and Responsive Communities in American Legal Ethics.”