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Articles 1 - 30 of 36
Full-Text Articles in Law
Delaware Legal Ethics, American Legal Ethics Library, Lawrence Hamermesh, Louise Hill
Delaware Legal Ethics, American Legal Ethics Library, Lawrence Hamermesh, Louise Hill
Louise L Hill
No abstract provided.
The Legal Ethics Of Pediatric Research, Doriane Lambelet Coleman
The Legal Ethics Of Pediatric Research, Doriane Lambelet Coleman
Duke Law Journal
Since the mid- to late 1990s, the scientific and medical research community has sought to increase its access to healthy children for research protocols that involve harm or a risk of harm. This move reverses longstanding policy within that community generally to exclude healthy children from such protocols on the grounds that the research as to them is non-therapeutic, that they are particularly vulnerable to research-related abuses, and that they are unable themselves to give informed consent to their participation. The research community's new posture has been supported by prominent pediatric bioethicists who have argued that unless healthy children are …
Personal Integrity And The Conflict Between Ordinary And Institutional Values, W. Bradley Wendel
Personal Integrity And The Conflict Between Ordinary And Institutional Values, W. Bradley Wendel
Cornell Law Faculty Publications
Values, which give us reasons for acting in certain ways, may be properties of both natural, pre-institutional states of affairs and relations among persons, as well as states of affairs and relations among persons that are constituted and regulated by social and political institutions. We can call these ordinary moral values and institutional values, respectively. The fundamental issue in legal ethics is often represented as a conflict between ordinary moral values and institutional values. However, another conflict which has not been well explored in the legal ethics literature is between agent-neutral institutional values and agent-relative reasons that arise from the …
Reining In The Minister Of Justice: Prosecutorial Oversight And The Superseder Power, Abby L. Dennis
Reining In The Minister Of Justice: Prosecutorial Oversight And The Superseder Power, Abby L. Dennis
Duke Law Journal
Virtually immune from judicial sanction, professional discipline, and civil liability, prosecutors enjoy limitless, unmonitored, and, for the most part, unreviewable power. This power and insulation from review invite abuse and public mistrust, shaking confidence in the criminal justice system. With the system in need of a means of curbing errant prosecutors and restoring public confidence, this Note explores a neglected mechanism of prosecutorial oversight-the superseder power-and argues for increased use of this oversight mechanism, coupled with explicit guidelines for its use and a public review process.
"Lawyers" Not "Liars": A Modified Traditionalist Approach To Teaching Legal Ethics, Lonnie T. Brown
"Lawyers" Not "Liars": A Modified Traditionalist Approach To Teaching Legal Ethics, Lonnie T. Brown
Scholarly Works
As attorneys, we undeniably should be faithful confidantes to, and staunch allies for, our clients, but we must also never lose sight of the fact that we are not simply client representatives; we are concurrently officers of the court and keepers of the public trust. Though I strive diligently to make my students aware of the specific ethical duties owed to clients, I always stress even more intently the importance of these latter two components of their professional obligation. They are what set the practice of law apart from other occupations, and they are what should serve to inspire us …
A Legal Autopsy Of The Lawyering In Schiavo: A Therapeutic Jurisprudence/Preventive Law Rewind Exercise, Bruce J. Winick
A Legal Autopsy Of The Lawyering In Schiavo: A Therapeutic Jurisprudence/Preventive Law Rewind Exercise, Bruce J. Winick
University of Miami Law Review
No abstract provided.
Challenges And Guidance For Lawyering In A Global Society, Susan Saab Fortney
Challenges And Guidance For Lawyering In A Global Society, Susan Saab Fortney
Faculty Scholarship
This foreword provides an overview of some key aspects of law practice that have changed over the last thirty years. Advancements in technology that allow communication and interaction across borders have facilitated lawyers in globalizing their practice locality. Consequently, new issues regarding comparative ethics have arisen. This foreword suggests that ethics rules have not kept pace with the changing landscape of law practice and uses current standards for advanced waivers, rules relating to contracts with represented and unrepresented persons, and the proper use of ethics rules in civil litigation to illustrate this point. This foreword raises concern over the erosion …
Lawyering At The Edge: Foreword, Roy D. Simon
Lawyering At The Edge: Foreword, Roy D. Simon
Hofstra Law Review
Lawyering can be humdrum and routine, or it can be exciting and dangerous (or anywhere in between). Hofstra's sixth major conference on legal ethics' focused on the exciting and dangerous parts. The title of the conference was "Lawyering at the Edge: Unpopular Clients, Difficult Cases, Zealous Advocates." The extraordinary roster of nineteen speakers featured both practicing lawyers and outstanding scholars. The practicing lawyers described their own personal experiences lawyering at the edge, while the scholars examined the inspiring stories of lawyers who have exhibited remarkable courage.
Unethical Obedience By Subordinate Attorneys: Lessons From Social Psychology, Andrew M. Perlman
Unethical Obedience By Subordinate Attorneys: Lessons From Social Psychology, Andrew M. Perlman
Hofstra Law Review
This Article explores the lessons that we can learn from social psychology regarding a lawyer's willingness to comply with authority figures, such as senior partners or deep-pocketed clients, when they make unlawful or unethical demands. The Article reviews some of the basic literature in social psychology regarding conformity and obedience, much of which emphasizes the importance of context as a primary factor in predicting people's behavior. The Article then contends that lawyers frequently find themselves in the kinds of contexts that produce high levels of conformity and obedience and low levels of resistance to illegal or unethical instructions. The result …
Ethical Codes And Cultural Context: Ensuring Legal Ethics In The Global Law Firm, Laurence Etherington, Robert Lee
Ethical Codes And Cultural Context: Ensuring Legal Ethics In The Global Law Firm, Laurence Etherington, Robert Lee
Indiana Journal of Global Legal Studies
There are doubtless many practical and professional problems that arise in the global legal practice, but this paper suggests that not least of these are issues of legal ethics, in part generated by the global context and not easily amenable to resolution by reference to any single code within the "home" or "host" jurisdiction. For example, there may be difficulties in isolating precisely what those ethical obligations might comprise. These obligations might be rooted in the requirements of local law, but they might arise equally from the values and expectations of the client, or from other lawyers whether inside or …
Law In The Plays Of Elmer Rice, Randolph N. Jonakait
Law In The Plays Of Elmer Rice, Randolph N. Jonakait
Articles & Chapters
While novels, short stories, television shows, movies, and classic dramas are often analyzed for insights into the law, modern plays are seldom similarly examined. The plays of Elmer Rice, however, should be discussed by those interested in our legal system. Rice, although now largely forgotten, was a leading playwright of the last century. He was a law school graduate, and his work often incorporated legal themes. His plays provide provocative commentaries about the law and raise dilemmas about justice and ethics that resonate today. This essay explores the interplay between plays and the law by examining the life and work …
Fighting Fire With Fire: Private Attorneys Using The Same Investigative Techniques As Government Attorneys: The Ethical And Legal Considerations For Attorneys Conducting Investigations, Gerald B. Lefcourt
Hofstra Law Review
No abstract provided.
Competitor And Other "Finite-Pie" Conflicts, Charles W. Wolfram
Competitor And Other "Finite-Pie" Conflicts, Charles W. Wolfram
Hofstra Law Review
No abstract provided.
Colorado Ethics Opinion 115: Next Steps For Colorado's Collaborative Lawyers, Scott R. Peppet
Colorado Ethics Opinion 115: Next Steps For Colorado's Collaborative Lawyers, Scott R. Peppet
Publications
No abstract provided.
The "Charles Stimson" Rule And Three Other Proposals To Protect Lawyers From Lawyers, Stephen Gillers
The "Charles Stimson" Rule And Three Other Proposals To Protect Lawyers From Lawyers, Stephen Gillers
Hofstra Law Review
No abstract provided.
Military Lawyering At The Edge Of The Rule Of Law At Guantanamo: Should Lawyers Be Permitted To Violate The Law?, Ellen Yaroshefsky
Military Lawyering At The Edge Of The Rule Of Law At Guantanamo: Should Lawyers Be Permitted To Violate The Law?, Ellen Yaroshefsky
Hofstra Law Review
Military lawyers at Guantanamo Bay are part of and witness to a legal system decried as the gulag of our times and criticized by courts, legislative bodies, and numerous human rights organizations as defying the concept of a fair system. These military lawyers have knowledge that their government has engaged in acts of torture and other violations of fundamental norms of domestic and international laws. This essay asks when, if ever, it is appropriate for a military lawyer to violate a regulation or law in order to uphold the government's obligations to observe fundamental norms of law.
The essay examines …
Sensational Reports: The Ethical Duty Of Cause Lawyers To Be Competent In Public Advocacy, Deborah J. Cantrell
Sensational Reports: The Ethical Duty Of Cause Lawyers To Be Competent In Public Advocacy, Deborah J. Cantrell
Publications
This article argues that cause lawyers - those lawyers whose primary focus is on social change rather than on for-profit client-based work - have an ethical responsibility to be competent in public advocacy. That responsibility stems from a cause lawyer's commitment to the principles embodied in the particular social movement in which the lawyer is acting. It is reinforced by the requirement of competency under the Model Rules of Professional Conduct. To illustrate the contours of a competent public advocacy strategy, the article highlights two cause lawyering organizations, Legal Momentum and the Institute for Justice, and considers how each organization …
Remarks Of An Sec Associate General Counsel, Richard M. Humes
Remarks Of An Sec Associate General Counsel, Richard M. Humes
Case Western Reserve Law Review
No abstract provided.
Commentary: Sarbanes-Oxley And Sec Standards Of Professional Conduct, Robert N. Rapp
Commentary: Sarbanes-Oxley And Sec Standards Of Professional Conduct, Robert N. Rapp
Case Western Reserve Law Review
No abstract provided.
Comment On Lawyers As Gatekeepers, Thomas D. Morgan
Comment On Lawyers As Gatekeepers, Thomas D. Morgan
Case Western Reserve Law Review
No abstract provided.
Election Day At The Bar, Allison R. Hayward
Election Day At The Bar, Allison R. Hayward
Case Western Reserve Law Review
No abstract provided.
Fitting Lying To The Court Into The Central Moral Tradition Of Lawyering, Fred C. Zacharias
Fitting Lying To The Court Into The Central Moral Tradition Of Lawyering, Fred C. Zacharias
Case Western Reserve Law Review
No abstract provided.
Legal Ethics And Scientific Testimony: In Defense Of Manufacturing Uncertainty, Deconstructing Expertise And Other Trial Strategies, David S. Caudill
Legal Ethics And Scientific Testimony: In Defense Of Manufacturing Uncertainty, Deconstructing Expertise And Other Trial Strategies, David S. Caudill
Villanova Law Review
No abstract provided.
Current Ethical Issues For Securities Lawyers - A Comment On Humes, Geralyn M. Presti
Current Ethical Issues For Securities Lawyers - A Comment On Humes, Geralyn M. Presti
Case Western Reserve Law Review
No abstract provided.
Brother's Keeper: The Legal Ethics Of Representing Family Members The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility: Comment., Jason W. Whitney
Brother's Keeper: The Legal Ethics Of Representing Family Members The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility: Comment., Jason W. Whitney
St. Mary's Law Journal
This Comment seeks to provide practical guidance in evaluating ethical issues for Texas attorneys considering representing a relative. Attorneys must always look to the relevant rules of professional conduct, advisory opinions, and case law to evaluate whether or not representation adheres to ethical guidelines. The primary sources of guidance are the Texas Disciplinary Rules of Professional Conduct (Texas Disciplinary Rules), advisory opinions from the Supreme Court of Texas Professional Ethics Committee (Texas Professional Ethics Committee), and Texas case law. Part II of this Comment discusses the history of professional responsibility, characteristics of representing family members, and common ethical problems arising …
Clinical Genesis In Miami, Anthony V. Alfieri, Maryanne Stanganelli, Jessi Tamayo, Wendi Adelson
Clinical Genesis In Miami, Anthony V. Alfieri, Maryanne Stanganelli, Jessi Tamayo, Wendi Adelson
Articles
No abstract provided.
When Lawyers Move Their Lips: Attorney Truthfulness In Mediation And A Modest Proposal, Don Peters
When Lawyers Move Their Lips: Attorney Truthfulness In Mediation And A Modest Proposal, Don Peters
Journal of Dispute Resolution
This article examines whether the punch line that you can tell when lawyers are lying by confirming that their lips are moving applies to their conduct when negotiating in mediations. General surveys of lawyer honesty suggest that this perception probably does apply to the way lawyers negotiate in mediations. Only 20% of people surveyed in a 1993 American Bar Association poll described the legal profession as honest, and that number fell to 14% in a 1998 Gallup poll.' A more recent poll revealed that one-third of the American public believes that lawyers are less truthful than most people.
The Lawyer's "Conscience" And The Limits Of Persuasion, Abbe Smith
The Lawyer's "Conscience" And The Limits Of Persuasion, Abbe Smith
Hofstra Law Review
No abstract provided.
"Technical" Defenses: Ethics, Morals, And The Lawyer As Friend, Thomas L. Shaffer, Robert F. Cochran Jr.
"Technical" Defenses: Ethics, Morals, And The Lawyer As Friend, Thomas L. Shaffer, Robert F. Cochran Jr.
Journal Articles
This essay examines the question of lawyer-client counseling on the issue of raising "technical" defenses, such as statutes of limitations. The authors challenge the prevailing notion of American lawyers that technical defenses raise no moral issue worthy of dialogue between lawyers and clients. Looking at the history of legal ethics and modern treatment in European law, they suggest that questions of limitations do raise moral issues. They go on to explore how those moral issues ought to be discussed and decided between lawyers and clients, using the framework of lawyers as godfathers, hired guns, gurus, and friends that they laid …
Delaware Legal Ethics, American Legal Ethics Library, Lawrence Hamermesh, Louise Hill
Delaware Legal Ethics, American Legal Ethics Library, Lawrence Hamermesh, Louise Hill
Lawrence A. Hamermesh
No abstract provided.