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Articles 1 - 12 of 12
Full-Text Articles in Law
Stay In The Fight With Civility And Professionalism, David Spratt
Stay In The Fight With Civility And Professionalism, David Spratt
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Settlement Problem In Public Interest Law, Susan Carle
The Settlement Problem In Public Interest Law, Susan Carle
Articles in Law Reviews & Other Academic Journals
Public interest lawyers, of many types and political persuasions, play a vital role in pursuing '"public justice." For public interest (as for all) lawyers, settlement provides an important means of resolving cases. Yet a persisting ambivalence about case settlement in public interest law contributes to the difficulties public interest practitioners face in sustaining themselves in practice. Indeed, public interest lawyers identify case settlement as posing some of the most vexing legal ethics problems they routinely confront.
The trouble often stems from the fact that, in public interest law where clients do not pay for legal services, the economic incentives that …
Negotiator's Nook: The Ins And Outs Of Effective Negotiation, David Spratt
Negotiator's Nook: The Ins And Outs Of Effective Negotiation, David Spratt
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Judicial Ethics And Supreme Court Exceptionalism, Amanda Frost
Judicial Ethics And Supreme Court Exceptionalism, Amanda Frost
Articles in Law Reviews & Other Academic Journals
In his 2011 Year-End Report on the Federal Judiciary, Chief Justice John Roberts cast doubt on Congress’s authority to regulate the Justices’ ethical conduct, declaring that the constitutionality of such legislation has “never been tested.” Roberts’ comments not only raise important questions about the relationship between Congress and the Supreme Court, they also call into question the constitutionality of a number of existing and proposed ethics statutes. Thus, the topic deserves close attention.
This Essay contends that Congress has broad constitutional authority to regulate the Justices’ ethical conduct, just as it has exercised control over other vital aspects of the …
Why Punctuation Matters: Part Three, David Spratt
Why Punctuation Matters: Part Three, David Spratt
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Effective Plea Bargaining Counsel, Jenny M. Roberts
Effective Plea Bargaining Counsel, Jenny M. Roberts
Articles in Law Reviews & Other Academic Journals
Fifty years ago, Clarence Earl Gideon needed an effective trial attorney. The Supreme Court agreed with Gideon that the Sixth Amendment guaranteed him the right to counsel at trial. Recently, Galin Frye and Anthony Cooper also needed effective representation. These two men, unlike Gideon, wanted to plead guilty and thus needed effective plea bargaining counsel. However, their attorneys failed to represent them effectively, and the Supreme Court - recognizing the reality that ninety-five percent of all convictions follow guilty pleas and not trials - ruled in favor of Frye and Cooper.
If negotiation is a critical stage in a system …
In Defense Of Scholars' Briefs: A Response To Richard Fallon, Amanda Frost
In Defense Of Scholars' Briefs: A Response To Richard Fallon, Amanda Frost
Articles in Law Reviews & Other Academic Journals
In a thoughtful and provocative essay, Richard Fallon criticizes law professors for lightly signing onto 'scholars’ briefs,' that is, amicus briefs filed on behalf of a group of law professors claiming expertise in the subject area. Fallon argues that law professors are constrained by the moral and ethical obligations of their profession from joining scholars’ briefs without first satisfying standards similar to those governing the production of scholarship, and thus he believes that law professors should abstain from adding their names to such briefs more often than they do now.
This response begins by describing the benefits of scholars’ briefs …
Power As A Factor In Lawyers' Ethical Deliberation, Susan Carle
Power As A Factor In Lawyers' Ethical Deliberation, Susan Carle
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Keeping Up Appearances: A Process-Oriented Approach To Judicial Recusal, Amanda Frost
Keeping Up Appearances: A Process-Oriented Approach To Judicial Recusal, Amanda Frost
Articles in Law Reviews & Other Academic Journals
No abstract provided.
From Buchanan To Button: Legal Ethics And The Naacp (Part Ii), Susan Carle
From Buchanan To Button: Legal Ethics And The Naacp (Part Ii), Susan Carle
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Lawyers' Duty To Do Justice: A New Look At The History Of The 1908 Canons, Susan Carle
Lawyers' Duty To Do Justice: A New Look At The History Of The 1908 Canons, Susan Carle
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Client-Centered Counseling: Reappraisal And Refinement, Robert Dinerstein
Client-Centered Counseling: Reappraisal And Refinement, Robert Dinerstein
Articles in Law Reviews & Other Academic Journals
No abstract provided.