Law Commons^™

Promoting Democracy In Prosecution, Russell M. Gold

Washington Law Review

Voters were meant to check prosecutors’ decisions, but that check has eroded because voters lack the information necessary to cast meaningful votes in prosecutor elections. Voters’ lack of an effective political check on prosecutors causes two related problems: (1) inefficient allocation of prosecutorial resources and (2) divestment of democratic sovereignty from the people. Prosecutors currently need not consider expenditures for incarceration or public defense because voters never see these costs and thus cannot hold their prosecutors accountable for them. Accordingly, these costs become an externality in the prosecutorial decision-making process, causing prosecutors to spend resources in socially inefficient ways. To …

V.48-1, 2011 Masthead

San Diego Law Review

No abstract provided.

In Memoriam: Professor Fred C. Zacharias 1953-2009

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.

Fred C. Zacharias - Reminiscences, Larry Zacharias

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.

Old School Loses A Teacher: A Recollection Of Fred Zacharias, Kevin Cole

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.

A Tribute To Professor Fred Zacharias, Neil Coughlan, John Gulliver, Dick Keenan

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.

A Tribute To Professor Fred C. Zacharias, Michael R. Devitt

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.

A Letter To Professor Fred Zacharias's Sons In Memory Of Their Father, Anne Lukingbeal

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.

In Memoriam: Fred C. Zacharias, Russell K. Osgood

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.

A List, Frank Partnoy

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.

Tribute To Professor Fred Zacharias, Michael J. Perry

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.

Tribute To Professor Fred Zacharias, Faust F. Rossi

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.

Remembering Fred Z, Gary J. Simson

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.

In Memoriam, Steven D. Smith

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.

Prosecutors' Ethical Duty Of Disclosure In Memory Of Fred Zacharias, Bruce A. Green

San Diego Law Review

This Article might lead one to ask which body better apprehended the nature of the prosecutorial disclosure rule. Two parts of this Article will explore that question and reach an unexpected conclusion: although the ABA ethics committee and the Ohio Supreme Court had opposite visions of equivalent rules, they may both be right. Even so, there is something obviously jarring about the divide, which reveals deficiencies in the rule adoption process. The ABA has an interest in persuading courts to adopt not only its Model Rules but also its interpretations of those rules, so the result seems to reflect a …

Some Reflections On Ethics And Plea Bargaining: An Essay In Honor Of Fred Zacharias, R. Michael Cassidy

San Diego Law Review

Dedication to the Ethics and Plea Bargaining works of Prof. Fred Zacharias.

Our Federalism: The United States And The Regulation Of Lawyers, Michael J. Churgin

San Diego Law Review

Dedication to the works of Prof. Fred Zacharias.

Zacharias's Prophecy: The Federalization Of Legal Ethics Through Legislative, Court, And Agency Regulation, Daniel R. Coquillette, Judith A. Mcmorrow

San Diego Law Review

This Article will carry on Professor Zacharias’s profound insights and prophecies by examining the trends in direct regulation of attorneys through federal law, with a particular focus on expanding agency regulation. We will also touch on international trends that draw on federal treaty obligations to implement international norms of attorney conduct.

Confidentiality Explained: The Dialogue Approach To Discussing Confidentiality With Clients, Elisia M. Klinka, Russell G. Pearce

San Diego Law Review

This Article offers an alternative dialogue approach. Rather than view the issue of explaining confidentiality either as a strategy for gaining client trust or an obligation necessary to comply with certain legal obligations, we propose understanding it as a key element in creating a relationship of dialogue grounded in honesty and mutual respect.

In doing so, we build on the work of the late Fred Zacharias, whose scholarship in this area provides both pathbreaking empirical insights and unwavering commitment to respecting client dignity. Among Zacharias’s contributions are his oft-cited empirical study suggesting that lawyers wrongly assume that clients would not …

Images And Aspirations: A Call For A Return To Ethics For Lawyers, Robert P. Lawry

San Diego Law Review

Dedication to the works of Prof. Fred Zacharias.

Conflicts Of Interest: Slicing The Hot Potato Doctrine, John Leubsdorf

San Diego Law Review

This essay, which boasts of being the first law review article devoted to what professional responsibility insiders call the “hot potato doctrine,” will discuss some of the unanswered questions about the doctrine’s core principle: a firm may not turn a present client into a former client by “firing” the client in order to get the benefit of the more lenient conflict of interest rules that apply to former clients. Exactly how does this modify the rules laid down by the Model Rules of Professional Conduct governing conflicts of interest and withdrawal from representations? What is the justification for refusing to …

Fred Zacharias's Skeptical Moralism, David Luban

San Diego Law Review

Dedication to the works of Prof. Fred Zacharias.

Fred Z., David Mcgowan

San Diego Law Review

Dedication to the works of Prof. Fred Zacharias.

Prosecutorial Ethics In The Postconviction Setting From A To Zacharias, Daniel S. Medwed

San Diego Law Review

Dedication to the works of Prof. Fred Zacharias.

The Complexities Of Lawyer Ethics Code Drafting: The Contributions Of Professor Fred Zacharias, Nancy J. Moore

San Diego Law Review

In this Article, I address three aspects of the special and evolving nature of lawyer ethics codes in order to acknowledge the important contributions of Professor Zacharias. As I hope to show, Professor Zacharias’s publications present a far more complex and nuanced view of the task of drafting lawyer ethics codes than either the Commission or I had contemplated. Although there was not much time then to further address these more theoretical concerns, I am confident that we would have benefitted enormously from a deeper exploration of his scholarship in this area.

Confidentiality And Common Sense: Insights From Philosophy, Thomas Morawetz

San Diego Law Review

In this Article, I will consider two aspects of the controversy that help explain why it is static. I will consider the significance of empirical evidence that lawyers and clients find the rules morally troubling. Zacharias plausibly assumes that such evidence carries compelling weight. I will also look at the nature of morality itself and the extent to which professional rules should be expected to conform to morality.

Behind Closed Doors: Shedding Light On Lawyer Self-Regulation-What Lawyers Do When Nobody's Watching, John Sahl

San Diego Law Review

This Article summarizes Nobody’s Watching. It also examines some of the consequences of failing to enforce ethical rules for lawyer conduct and offers some lessons for future rule development and enforcement. Part III considers some of the academic and practical significance of Nobody’s Watching. The Article concludes by noting that Nobody’s Watching offers academics, lawyers, and regulators a valuable tool to better understand and improve the regulation of the profession.

Federalizing Legal Ethics, Nationalizing Law Practice, And The Future Of The American Legal Profession In A Global Age, Eli Wald

San Diego Law Review

This Article is organized as a response to Zaharias’s influential paper, revisiting each of his four analytical steps. Following Zacharias, Part II documents the growing nationalization and globalization of law practice, and argues that the transformation of law practice renders the state-based regulation of lawyers ineffective. Part III parts ways with Zacharias’s thesis. It asserts that nationalizing, by federalizing, legal ethics is not warranted by changing practice realities and that, worse, federalizing legal ethics without more will leave some of the most troubling aspects of the transformation of law practice, including client needs, unaddressed. Instead, Part III argues that the …

Three Concepts Of Roles, W. Bradley Wendel

San Diego Law Review

There is something distinctive about the law, legal reasoning, and the role of lawyers. That distinctiveness is captured by the idea that normative reasoning by citizens in communities is necessarily aimed at discovering what rights and obligations everyone ought to have, consistent with the interests of other citizens. It is implausible to believe that ordinary moral reasoning is well-suited to working out a scheme of public entitlements that is suited to regulating the interactions among citizens who disagree about what their entitlements ought to be. The law has authority to the extent it enables people to do better than they …

Contents

Louisiana Law Review

No abstract provided.