Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
-
- Maurice A. Deane School of Law at Hofstra University (14)
- Fordham Law School (10)
- Cornell University Law School (3)
- SelectedWorks (2)
- Washington and Lee University School of Law (2)
-
- BLR (1)
- Duke Law (1)
- Florida A&M University College of Law (1)
- Georgetown University Law Center (1)
- Mitchell Hamline School of Law (1)
- University of Colorado Law School (1)
- University of Miami Law School (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- West Virginia University (1)
- Publication
-
- Hofstra Law Review (14)
- Fordham Law Review (10)
- Cornell Law Faculty Publications (3)
- Articles (1)
- Christopher M Fairman (1)
-
- ExpressO (1)
- Faculty Scholarship (1)
- Florida A & M University Law Review (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Law and Contemporary Problems (1)
- Leslie C. Levin (1)
- Scholarly Articles (1)
- Scholarly Works (1)
- University of Colorado Law Review (1)
- Washington and Lee Law Review (1)
- West Virginia Law Review (1)
- Publication Type
Articles 1 - 30 of 40
Full-Text Articles in Law
Protecting Consumers: Attorney Ethics And The Law Governing Lawyers, Christopher M. Fairman
Protecting Consumers: Attorney Ethics And The Law Governing Lawyers, Christopher M. Fairman
Christopher M Fairman
No abstract provided.
Institutional Professionalism For Lawyers: Realizing The Virtues Of Civic Professionalism, Steven K. Berenson
Institutional Professionalism For Lawyers: Realizing The Virtues Of Civic Professionalism, Steven K. Berenson
West Virginia Law Review
No abstract provided.
Genetic Predictions Of Future Dangerousness: Is There A Blueprint For Violence?, Erica Beecher-Monas, Edgar Garcia-Rill
Genetic Predictions Of Future Dangerousness: Is There A Blueprint For Violence?, Erica Beecher-Monas, Edgar Garcia-Rill
Law and Contemporary Problems
Beecher-Monas and Garcia-Rill consider the unfortunate probability that behavioral genetics evidence will be misused to substantiate predictions of future dangerousness.
Institutional And Individual Justification In Legal Ethics: The Problem Of Client Selection, W. Bradley Wendel
Institutional And Individual Justification In Legal Ethics: The Problem Of Client Selection, W. Bradley Wendel
Cornell Law Faculty Publications
No abstract provided.
Institutional And Individual Justification In Legal Ethics: The Problem Of Client Selection, W. Bradley Wendel
Institutional And Individual Justification In Legal Ethics: The Problem Of Client Selection, W. Bradley Wendel
Cornell Law Faculty Publications
Monroe Freedman is well known as a proponent of the "standard conception" of legal ethics - that is, that a lawyer cannot be criticized in moral terms for actions taken in a representative capacity. Surprisingly, however, Freedman has argued that client selection is a decision for which a lawyer may be required to provide a justification in ordinary moral terms. This apparent inconsistency reveals a conceptual distinction in normative ethical theory, which is often blurred, between justifying a practice (in this case, the legal system or some specialized practice such as criminal defense) and justifying an action falling within the …
What's Wrong With Being Creative And Aggressive?, W. Bradley Wendel
What's Wrong With Being Creative And Aggressive?, W. Bradley Wendel
Cornell Law Faculty Publications
When I tell people that I am a law professor specializing in legal ethics, they usually have one of two reactions: “Legal ethics—that’s an oxymoron!” or “I bet you always have a lot to do.” The second reaction is the more interesting of the two, because it rightly implies that legal ethics is a fascinating field, in part because lawyers are always thinking of new ways to get into trouble. Many run-of-the-mill lawyer disciplinary cases involve simple wrongdoing, such as stealing from client funds, which does not present conceptually interesting issues. Contemporary high-profile legal ethics scandals, by contrast, are made …
Attorney-Client Privilege In The Public Sector: A Survey Of Government Attorneys, Nancy Leong
Attorney-Client Privilege In The Public Sector: A Survey Of Government Attorneys, Nancy Leong
ExpressO
No abstract provided.
Power As A Factor In Lawyers' Ethical Deliberation, Susan D. Carle
Power As A Factor In Lawyers' Ethical Deliberation, Susan D. Carle
Hofstra Law Review
A fundamental disagreement among legal ethics scholars concerns the difference between client-centered and justice-centered approaches to lawyers' ethical obligations. Advocates of client-centered approaches put lawyers' duty to the client first. Justice-centered theorists critique the elevation of the client's interests over other important concerns lawyers affect through the work they do on behalf of clients. Scholars who adopt justice-centered approaches argue that lawyers' ethical obligations should be analyzed with a paramount focus on achieving justice.
Legal ethicists often view these two approaches as inconsistent with each other, but I argue in this Article that they are not necessarily so. Building on …
What Would Make Atticus Finch Flinch?, Robert Westley
What Would Make Atticus Finch Flinch?, Robert Westley
Florida A & M University Law Review
No abstract provided.
Building A Better Lawyer Discipline System: The Queensland Experience, Leslie Levin
Building A Better Lawyer Discipline System: The Queensland Experience, Leslie Levin
Leslie C. Levin
In many jurisdictions, lawyer-run discipline systems are inefficient, overly lenient and insufficiently responsive to consumer's concerns. Queensland's Legal Profession Act 2004 (Qld) breaks away from that model by moving lawyer discipline out of lawyers' professional associations and into an independent agency. It articulates a decidedly consumer-oriented approach to lawyer discipline and gives Queensland's new Legal Services Commissioner the power to investigate and prosecute all discipline complaints. This article looks at Queensland's recent reforms, and considers how well the new system is meeting its twin goals of consumer protection and traditional lawyer discipline. Using interviews and other data, the article identifies …
The Audit Committee's Ethical And Legal Responsibilities: The State Law Perspective, Lyman P.Q. Johnson
The Audit Committee's Ethical And Legal Responsibilities: The State Law Perspective, Lyman P.Q. Johnson
Scholarly Articles
This paper provides a state law perspective on the post-scandal, post-reform audit committee. Federal law, along with NYSE and Nasdaq (together, "SRO") rules, recently have made sweeping changes in corporate governance, including numerous provisions that bear on audit committees. These changes are unprecedented and dramatic, and rightly have received wide attention and careful study. Certain basic principles underlying the governance functions and duties of audit committees, however, originate in, and are still determined by, state law. Moreover, state law applies to all corporations; federal law and SRO rules on audit committees apply only to those companies coming under federal law …
Counseling Organizational Clients"Within The Bounds Of The Law", Roger C. Cramton
Counseling Organizational Clients"Within The Bounds Of The Law", Roger C. Cramton
Hofstra Law Review
No abstract provided.
Creating Space For Lawyers To Be Ethical: Driving Towards An Ethic Of Transparency, Burnele V. Powell
Creating Space For Lawyers To Be Ethical: Driving Towards An Ethic Of Transparency, Burnele V. Powell
Hofstra Law Review
No abstract provided.
Lawyers' Ethics In An Adversary System - Foreword: Like Gravity, Roy D. Simon
Lawyers' Ethics In An Adversary System - Foreword: Like Gravity, Roy D. Simon
Hofstra Law Review
The adversary system, like gravity, affects us all. We cannot escape it. The adversary system, and the ethical standards of the lawyers who operate within the adversary system, therefore warrant continual study. ...
This issue collects nearly all of the papers delivered at the conference. Of equal interest, each paper is followed by a transcript of the fascinating exchanges that occurred between the speaker and members of the audience during a lengthy question and answer session after each speech.
The Ethics Of Invalid And 'Iffy' Contract Clauses, In Symposium: Contracting Out Of The Uniform Commercial Code, Christina L. Kunz
The Ethics Of Invalid And 'Iffy' Contract Clauses, In Symposium: Contracting Out Of The Uniform Commercial Code, Christina L. Kunz
Faculty Scholarship
This Symposium focuses on the extent to which attorneys can use agreed terms to supplant or “bump” the provisions of the Uniform Commercial Code (UCC). The articles in this Symposium demonstrate that the degree to which attorneys customarily “contract out” varies considerably from UCC article to article. In reality, though, the issues surrounding contracting out of UCC provisions are not limited to the UCC, statutes, or other codified rules. Most “repeat players” in the market periodically ask their lawyers to redraft their standard-form contracts in ways that increasingly favor the drafter. Some of these lawyers may intentionally draft clauses that …
The Internal Point Of View In Law And Ethics: Introduction, Benjamin C. Zipursky
The Internal Point Of View In Law And Ethics: Introduction, Benjamin C. Zipursky
Fordham Law Review
No abstract provided.
Fortress In The Sand: The Plural Values Of Client-Centered Representation, Katherine R. Kruse
Fortress In The Sand: The Plural Values Of Client-Centered Representation, Katherine R. Kruse
Scholarly Works
This article examines the history, development and theory of the client-centered approach to lawyering, which has become the most prevalent theory of lawyering taught in law school clinics. It examines the basic tenets of client-centered representation as a problem-solving approach and shows how critique and modification of the approach has spawned a diversity of lawyering models that share the basic tenets of client-centered representation but are in tension with its preferred methodology of lawyer neutrality. The article draws on theories of autonomy to help explain this tension, showing that notions of positive freedom support a range of autonomy-enhancing intervention into …
Moral Counseling, Deborah L. Rhode
The Legal Profession As A Blue State: Reflections On Public Philosophy, Jurisprudence, And Legal Ethics, Russell G. Pearce
The Legal Profession As A Blue State: Reflections On Public Philosophy, Jurisprudence, And Legal Ethics, Russell G. Pearce
Fordham Law Review
No abstract provided.
Adversary Advocacy And The Authority Of Adjudication, Daniel Markovits
Adversary Advocacy And The Authority Of Adjudication, Daniel Markovits
Fordham Law Review
No abstract provided.
The Emergence Of "Law Consultants", Tanina Rostain
The Emergence Of "Law Consultants", Tanina Rostain
Fordham Law Review
No abstract provided.
Taking Cues: Inferring Legality From Others' Conduct, Bruce A. Green
Taking Cues: Inferring Legality From Others' Conduct, Bruce A. Green
Fordham Law Review
No abstract provided.
After Confidentiality: Rethinking The Professional Responsibilities Of The Business Lawyer, William H. Simon
After Confidentiality: Rethinking The Professional Responsibilities Of The Business Lawyer, William H. Simon
Fordham Law Review
No abstract provided.
Lawyers, Citizens, And The Internal Point Of View, W. Bradley Wendel
Lawyers, Citizens, And The Internal Point Of View, W. Bradley Wendel
Fordham Law Review
No abstract provided.
A Tale Of Two Trajectories, Cynthia A. Williams
A Tale Of Two Trajectories, Cynthia A. Williams
Fordham Law Review
No abstract provided.
The "Bad Man" Goes To Washington: The Effect Of Political Influence On Corporate Duty, Jill E. Fisch
The "Bad Man" Goes To Washington: The Effect Of Political Influence On Corporate Duty, Jill E. Fisch
Fordham Law Review
No abstract provided.
Swilling Hemlock: The Legal Ethics Of Defending A Client Who Wishes To Volunteer For Execution, J. C. Oleson
Swilling Hemlock: The Legal Ethics Of Defending A Client Who Wishes To Volunteer For Execution, J. C. Oleson
Washington and Lee Law Review
No abstract provided.
The Triage Trilemma, Steven Lubet
Legal Ethics And The Constitution, Alan Dershowitz
Legal Ethics And The Constitution, Alan Dershowitz
Hofstra Law Review
No abstract provided.
In Praise Of Overzealous Representation - Lying To Judges, Deceiving Third Parties, And Other Ethical Conduct, Monroe H. Freedman
In Praise Of Overzealous Representation - Lying To Judges, Deceiving Third Parties, And Other Ethical Conduct, Monroe H. Freedman
Hofstra Law Review
Three ethical rules are both clear and highly desirable - MR 3.3(a)(1), which forbids a lawyer to make a false statement of fact to a tribunal; MR 4.1(a), which forbids a lawyer to make a false statement of material fact to a third person; and MR 8.4(c), which proscribes conductinvolving dishonesty, fraud, deceit, or misrepresentation.
Nevertheless, by considering the larger legal context of the lawyer's role, by understanding inconsistent ethical rules in the light of reason, and by applying insights of moral philosophy, this article concludes that there are circumstances in which a lawyer can ethically make a false statement …