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Articles 1 - 15 of 15

Full-Text Articles in Law

The Sarbanes-Oxley Yawn: Heavy Rhetoric, Light Reform (And It Might Just Work)., Lawrence A. Cunningham Nov 2002

The Sarbanes-Oxley Yawn: Heavy Rhetoric, Light Reform (And It Might Just Work)., Lawrence A. Cunningham

Boston College Law School Faculty Papers

A thorough examination of the much ballyhooed Sarbanes-Oxley Act reveals dominantly a federal codification of extant rules, regulations, practices, and norms. Despite advertising it as "the most far-reaching reforms of American business practices since the time of FDR," a soberly apolitical view sees the Act as more sweep than reform. Important are provisions calling for nine studies; redundant but much publicized were the certification requirements imposed during the summer of 2002; other moves are mere patchwork responses to precise transgressions present in the popularized scandals. The Act is far from trivial, however. A silver bullet relates to the structure and ...


The No-Contact Rule In Massachusetts Post Messing, Paul R. Tremblay Aug 2002

The No-Contact Rule In Massachusetts Post Messing, Paul R. Tremblay

Paul R. Tremblay

No abstract provided.


Shared Norms, Bad Lawyers, And The Virtues Of Casuistry, Paul R. Tremblay Apr 2002

Shared Norms, Bad Lawyers, And The Virtues Of Casuistry, Paul R. Tremblay

Boston College Law School Faculty Papers

No abstract provided.


Truthfulness And Honesty Among American Lawyers: Perception, Reality, And The Professional Reform Initiative, W. William Hodes Apr 2002

Truthfulness And Honesty Among American Lawyers: Perception, Reality, And The Professional Reform Initiative, W. William Hodes

South Carolina Law Review

No abstract provided.


The Professionalism Crises - The "Z" Words And Other Rambo Tactics: The Conference Of Chief Justices' Solution, Allen K. Harris Apr 2002

The Professionalism Crises - The "Z" Words And Other Rambo Tactics: The Conference Of Chief Justices' Solution, Allen K. Harris

South Carolina Law Review

No abstract provided.


Doe V. Condon: Lawyers Beware - This Unauthorized-Practice-Of-Law Case May Affect You, Candy M. Kern-Fuller Apr 2002

Doe V. Condon: Lawyers Beware - This Unauthorized-Practice-Of-Law Case May Affect You, Candy M. Kern-Fuller

South Carolina Law Review

No abstract provided.


Law And The Fourth Estate: Endangered Nature, The Press, And The Dicey Game Of Democratic Governance, Zygmunt J.B. Plater Jan 2002

Law And The Fourth Estate: Endangered Nature, The Press, And The Dicey Game Of Democratic Governance, Zygmunt J.B. Plater

Boston College Law School Faculty Papers

Building upon the story line of a current book project on the Tellico Dam case, this Essay explores a challenging reality of modern public interest lawyering – the critical role of public perceptions and of the Press’s role in shaping them. Most public interest attorneys come to realize that their lawyering must move simultaneously on two different tracks that determine outcomes – law and public opinion. This double task can be difficult and sometimes impossible. Both tracks require the organization and presentation of facts, but the two contexts can be quite different. A legal case requires proof of each technical element ...


Moral Activism Manqué, Paul R. Tremblay Jan 2002

Moral Activism Manqué, Paul R. Tremblay

Boston College Law School Faculty Papers

Symposium: The Ethics of Litigation


Law And Justice In The Twenty-First Century, Geoffrey C. Hazard Jr. Jan 2002

Law And Justice In The Twenty-First Century, Geoffrey C. Hazard Jr.

Faculty Scholarship at Penn Law

No abstract provided.


Securities Analysts' Undisclosed Conflicts Of Interest: Unfair Dealing Or Securities Fraud?, Jill I. Gross Jan 2002

Securities Analysts' Undisclosed Conflicts Of Interest: Unfair Dealing Or Securities Fraud?, Jill I. Gross

Elisabeth Haub School of Law Faculty Publications

This article addresses recent regulatory efforts to proscribe undisclosed conflicts of interest beyond mere scalping, including ownership interests in recommended securities, and the compensation connection between analysts and investment bankers within a firm. Part III of this article traces the history of prior cases imposing liability on industry participants, including investment advisers, analysts and others, for failing to disclose their conflicts of interest when recommending securities. Part IV of this article then examines the question of whether analysts have any civil liability to those relying on their recommendations for failure to disclose actual or potential conflicts of interest. Finally, the ...


Moral Activism Manqué, Paul R. Tremblay Dec 2001

Moral Activism Manqué, Paul R. Tremblay

Paul R. Tremblay

Symposium: The Ethics of Litigation


Researching Ethical Issues, Paul R. Tremblay Dec 2001

Researching Ethical Issues, Paul R. Tremblay

Paul R. Tremblay

2002 Supplement to vol. 2


Shared Norms, Bad Lawyers, And The Virtues Of Casuistry, Paul R. Tremblay Dec 2001

Shared Norms, Bad Lawyers, And The Virtues Of Casuistry, Paul R. Tremblay

Paul R. Tremblay

No abstract provided.


Related Representations In Civil And Criminal Matters: The Night The D.A. Ditched His Date For The Prom, Randy Lee Dec 2001

Related Representations In Civil And Criminal Matters: The Night The D.A. Ditched His Date For The Prom, Randy Lee

Randy Lee

No abstract provided.


The State Of Self-Regulation Of The Legal Profession: Have We Locked The Fox In The Chicken Coop?, Randy Lee Dec 2001

The State Of Self-Regulation Of The Legal Profession: Have We Locked The Fox In The Chicken Coop?, Randy Lee

Randy Lee

No abstract provided.