Legal Ethics and Professional Responsibility Commons^™

Attorney Advertising—Constitutional Right To Advertise In Print Media, Daniel L. Parker

University of Arkansas at Little Rock Law Review

No abstract provided.

Attorney Fees—United States Is Not Liable For Attorney Fees Under The Equal Access To Justice Act By Analogy To Section 1983, David Schoen

University of Arkansas at Little Rock Law Review

No abstract provided.

Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.

A Substantial Paradox: Attorney's Fees Under The Equal Access To Justice Act In Social Security Appeals, James R. Cromwell

University of Arkansas at Little Rock Law Review

No abstract provided.

Toward A Common Law For Undercover Investigations - A Book Review Of Abscam Ethics: Moral Issues And Deception In Law Enforcement, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

How Judges Speak: Some Lessons On Adjudication In Billy Budd, Sailor With An Application To Justice Rehnquist, Richard H. Weisberg

Articles

The article examines how authority figures use language and procedural structures to shape outcomes in both literary and legal contexts, highlighting the tension between formal legal processes and true justice. Through a comparative analysis of Herman Melville's Billy Budd, Sailor and the Supreme Court case Paul v. Davis, the article argues that "considerate communication"—a subtle form of manipulation—can distort reality and undermine fairness in adjudication. It critiques legal systems that prioritize formality over substance, emphasizing how narrative techniques and rhetorical strategies in both literature and law can mask subjective biases and influence decisions.

Survey Of Developments In West Virginia Law: 1979

West Virginia Law Review

No abstract provided.

Student Representation Of Indigent Defendants And The Sixth Amendment: On A Collision Course, Robert M. Hardaway

Sturm College of Law: Faculty Scholarship

This article will review the parallel patterns of development of clinical education and the sixth amendment, highlighting areas in which the practices of the former either conflict, or contain the potential for conflict with the latter. An analysis will be made of the present legal status of law student representation of indigent criminal defendants, with reference primarily to constitutional and sixth amendment considerations, but also to such related matters as the confidentiality of student-client communications, law student professional responsibility, and the applicability to students of state bar disciplinary rules. Finally, guidelines will be proposed regarding the proper scope of student …

Constitutional Law - Attorneys' Right To Free Speech Versus Protection Of Fair Trial - Dr 7-107 Restricting Attorneys' Speech During Pending Litigation Only Constitutional To Protect Criminal Jury Trial From Reasonable Likelihood Of Prejudice, Eugene Hamill

Villanova Law Review (1956 - )

No abstract provided.

The Free Speech-Fair Trial Controversy: Dr 7-107, W. Jeffery Edwards

Washington and Lee Law Review

No abstract provided.

A Functional Analysis Of The Effective Assistance Of Counsel, A Note, Bruce A. Green

Faculty Scholarship

The sixth amendment provides that in all criminal prosecutions the accused shall enjoy the right "to have the Assistance of Counsel for his defence." The Supreme Court has construed this clause to guarantee to criminal defendants the "effective" assistance of counsel performing within a minimum standard of competency. Prevalent lower court interpretations of the right. to effective assistance require a showing that counsel's inadequate performance caused actual prejudice to the defendant's interest in obtaining an acquittal. Because most defendants are unable to demonstrate the actual impact upon the outcome of their trial of an attorney's departure from normal competency, courts …

Recent Publications, Journal Staff

Vanderbilt Law Review

Bakke, DeFunis, and Minority Admissions: The Quest for Equal Opportunity

By Allan P. Sindler.

Sindler describes the admissions programs at the Universities of Washington and California-Davis, and the respective experiences of Marco DeFunis and Allan Bakke that preceded their litigation. Then, documenting the disparity in academic qualifications between accepted minorities and rejected nonminorities, Sindler addresses the broad issue before the courts. Is the reservation of academic "places" for minorities an inherently two-track system, which operates as an illegal quota to exclude "better-qualified" applicants; or may a school utilize race as a basis for selection in order to fulfill other commitments …

Psychosurgery And The Involuntarily Confined, John P. Kopesky

Villanova Law Review (1956 - )

No abstract provided.

Professional Ethics And Trial Publicity: Another Constitutional Attack On Dr7-107- Hirschkop V. Snead, Stephen E. Baril

University of Richmond Law Review

Philip J. Hirschkop brought an action seeking a declaratory judgment that Disciplinary Rule 7-107 of the Virginia Code of Professional Responsibility, was unconstitutionally vague and over broad. DR 7-107, generally referred to as the "no-comment" rule, prohibits extrajudicial statements by attorneys regarding pending litigation in which they are involved, "if there is a reasonable likelihood that such dissemination will interfere with a fair trial or otherwise prejudice the due administration of justice."

Multiple Representation And Conflicts Of Interest In Criminal Cases, Peter W. Tague

Georgetown Law Faculty Publications and Other Works

Conflicts of interest resulting from multiple representation in criminal cases impose heavy burdens on all the participants in the criminal justice system. Although the Supreme Court in Holloway v. Arkansas refused to hold that joint representation is unconstitutional per se, it recently approved Proposed Rule of Criminal Procedure 44(c), which would require trial courts to protect a defendant's right to counsel in this situation. After discussing the current approaches of the courts to the problems presented by joint representation, Professor Tague analyzes the proposed rule. He criticizes the proposed rule for its failure to define the role of the trial …

Federal Habeas Corpus And Ineffective Representation Of Counsel: The Supreme Court Has Work To Do, Peter W. Tague

Georgetown Law Faculty Publications and Other Works

The availability of federal habeas corpus relief for state criminal defendants has always borne a complex relationship to state rules barring defendants from litigating constitutional claims in state court because of procedural defaults in raising those claims. The Warren Court's landmark attempt to resolve this relationship was the 1963 decision in Fay v. Noia, which asserted that a state procedural forfeiture rule could not bar federal habeas review of a constitutional claim unless the defendant had "deliberately bypassed" the procedural opportunity to raise the claim; the Court defined "deliberate bypass" in terms of a defendant's intentional and voluntary relinquishment of …

Briggs V. Goodwin: Calling For A Reappraisal Of Prosecutorial Immunity From Constitutional Torts

William & Mary Law Review

No abstract provided.

Mead Data Central, Inc. V. United States Department Of The Air Force: Extending The Foia's Fifth Exemption

William & Mary Law Review

No abstract provided.

Landmark Communications, Inc. V. Virginia, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

The Right And The Power: The Prosecution Of Watergate, Barry D. Halpern

Florida State University Law Review

By Leon Jaworski. New York: Reader's Digest Press; Houston: Gulf Publishing Co. 1976. Pp. 305. $9.95 New York: Pocket Books. Pp. 372. $2.50.

The Privilege Against Self-Incrimination In Bar Disciplinary Proceedings: What Ever Happened To Spevack, Miriam Brenaman Duff

Villanova Law Review (1956 - )

No abstract provided.

The 1975 New York Judicial Conference Package: Class Actions And Comparative Negligence, Adolf Homburger

Buffalo Law Review

No abstract provided.

Fragile Coalition Interviews - Group - Tape 6, July 12, 1975, M. Caldwell Butler

Fragile Coalition Interviews

No abstract provided.

Fragile Coalition Interviews - Group - Tapes 4&5, July 11-12, 1975, M. Caldwell Butler

Fragile Coalition Interviews

No abstract provided.

M. Caldwell Butler Audio Diary - Digest Of Transcripts, July 10,1975, M. Caldwell Butler

Butler-Woodlief Recordings

No abstract provided.

Fragile Coalition Interviews - Corrected Transcripts - Thornton, M. Caldwell Butler

Fragile Coalition Interviews

No abstract provided.

Fragile Coalition Interviews - Corrected Transcripts - Railsback, M. Caldwell Butler

Fragile Coalition Interviews

No abstract provided.

Fragile Coalition Interviews - Corrected Transcripts - Flowers, M. Caldwell Butler

Fragile Coalition Interviews

No abstract provided.

Fragile Coalition Interviews - Corrected Transcripts - Cohen, M. Caldwell Butler

Fragile Coalition Interviews

No abstract provided.

Manes V. Meyers, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.