Legal Ethics and Professional Responsibility Commons^™

Are You Experienced?: Examining The Need For Specialized Ethics Rules In Patent Litigation, Benjamin J. Sodey

ExpressO

Any attorney licensed to practice before a federal district court, regardless or his or her area of specialization, may file a patent infringement suit on behalf of a client in that court. The possibility exists, therefore, for an attorney having little or no intellectual property experience to represent clients in complex patent litigation matters. Due to this, infringement defendants and their counsel may find themselves on the receiving end of a dubious patent claim brought by attorneys lacking patent law experience. This article discusses whether the existing rules governing attorney conduct, such as professional responsibility, procedural, or statutory rules, are …

Putting The Supreme Court Back In Place: Ideology, Yes; Agenda, No, Steven H. Goldberg

Elisabeth Haub School of Law Faculty Publications

This essay is about the permanent damage to the Supreme Court and to the country that may occur if the current approach to judicial appointments continues, and offers an approach to the nomination and confirmation of Supreme Court justices that will help put the Court back in its proper place - out of the eye of the elective political storm.

The Adversary System As A Means Of Seeking Truth And Justice, 35 J. Marshall L. Rev. 147 (2002), Robert G. Johnston, Sara Lufrano

UIC Law Review

No abstract provided.

The Inside Scoop: What Federal Judges Really Think About The Way Lawyers Write, Kristen Konrad Robbins-Tiscione

Georgetown Law Faculty Publications and Other Works

A recent survey indicates that what troubles federal judges most is not what lawyers say but what they fail to say when writing briefs. Although lawyers do a good job articulating legal issues and citing controlling, relevant legal authority, they are not doing enough with the law itself. Only fifty-six percent of the judges surveyed said that lawyers “always” or “usually” make their client’s best arguments. Fifty-eight percent of the judges rated the quality of the legal analysis as just “good,” as opposed to “excellent” or “very good.” The problem seems to be that briefs lack rigorous analysis, and the …

Now You See It, Now You Don't: Depublication And Nonpublication Of Opinions Raise Motive Questions, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The basis for these comments is a decision last year by the Eighth Circuit Court of Appeals in Anastasoff v. United States. The court held that an Eighth Circuit local rule, which authorized nonpublication of opinions and explicitly stated that unpublished opinions were to have no precedential effect, was unconstitutional. The panel, in an opinion by Judge Richard S. Arnold, reasoned that a court rule purporting to confer upon appellate judges an absolute power to decide which decisions would be binding and which would not be binding went well beyond the “judicial power” within the meaning of Article III of …

When Lawyers Break The Law: How The District Of Columbia Court Of Appeals Disciplines Members Of The Bar Who Commit Crimes, Larry Cunningham

University of the District of Columbia Law Review

No abstract provided.

The Judiciary In The United States: A Search For Fairness, Independence And Competence, Stephen J. Shapiro

All Faculty Scholarship

Alexander Hamilton referred to the judiciary as “the least dangerous branch” because it could neither make nor enforce the law without help from the other two branches of government. In the years since then, however, courts and judges in the United States have assumed a much more prominent role in society. American judges preside over criminal trials and sentence those convicted, decide all kinds of civil disputes, both large and small, and make important decisions involving families, such as child custody. They have also become the primary guarantors of the civil and constitutional rights of American citizens.

The case of …

Health Care Ethics Experts In Canadian Courts, Jocelyn Downie

Articles, Book Chapters, & Popular Press

In this paper, I will first describe the traditional approach to the use of experts in Canadian courts. Then I will consider whether, on this approach, health care ethics experts should be permitted to testify in Canadian courts. I will argue that they should be permitted to testify but caution should be exercised by the courts, the parties, and the experts themselves. The objective of the paper is to highlight the strengths and raise some concerns about the weaknesses of a practice that appears to be growing, so that the potential harmful consequences might be anticipated, problems with the practice …

Retaliatory Discharge For Attorney-Employees In Private Practice: To Do, Or Not To Do, The Right Thing, 33 J. Marshall L. Rev. 383 (2000), Terri Martin Kirik

UIC Law Review

No abstract provided.

Clark Memorandum: Spring 1999, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum

• Weightier Matters (Elder Dallin H. Oaks)
• The Constitutional Thought of J. Reuben Clark, Jr. (J. David Gowdy)
• A Courtroom with a View (Joyce Janetski)
• The Challenge (Alexander B. Morrison)

Cleaning Up The Legal Debris Left In The Wake Of Whitewater, Susan Low Bloch

Georgetown Law Faculty Publications and Other Works

We have learned a lot in the twenty-five years since Watergate. During the scandal itself, we confirmed that the President is not above the law. We learned that executive privilege is constitutionally protected, but that it is not absolute. And, we learned that a need exists for an independent counsel, but that we don't necessarily need a statute to establish such an office.

Watergate and the Nixon era spawned several so-called "reforms": the establishment of the independent counsel statute, presidential immunity from civil damage suits for official action, and public ownership of the President's official papers. It is interesting and …

Civility A Speech Delivered By Associate Justice Clarence Thomas To Students At Washington And Lee University School Of Law Lexington, Virginia Tuesday, March 10, 1998, Clarence Thomas

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Professional Responsibility In Appellate Practice: A View From The Bench, Roger J. Miner '56

Law Practice

No abstract provided.

Right To Counsel, Supreme Court, Appellate Division Second Department, People V. Taylor

Touro Law Review

No abstract provided.

Right To Counsel

Touro Law Review

No abstract provided.

Right To Counsel

Touro Law Review

No abstract provided.

Rule 804(B)(1): Former Testimony

Touro Law Review

No abstract provided.

Right To Counsel

Touro Law Review

No abstract provided.

Right To Counsel

Touro Law Review

No abstract provided.

Right To Counsel

Touro Law Review

No abstract provided.

Right To Counsel

Touro Law Review

No abstract provided.

Ineffective Assistance Of Counsel

Touro Law Review

No abstract provided.

Remarks: Professionalism And The Courts, Ursula Ungaro-Benages

St. Thomas Law Review

No abstract provided.

The Fault Is In Ourselves, Roger J. Miner '56

Bar Associations

No abstract provided.

Ineffective Assistance Counsel

Touro Law Review

No abstract provided.

Right To Trial By Jury

Touro Law Review

No abstract provided.

The Criminal Defense Lawyer's Reliance On Bias And Prejudice, Eva Nilsen

Faculty Scholarship

This Article is divided into three parts. Part I examines both the many contexts in which criminal defense lawyers and clinical students encounter bias and prejudice,¹² and the commonly-raised objections to its exploitation. Part II looks at the way the tactical use of bias relates to a lawyer's duty of zealous advocacy. Here, the Article focuses on whether existing ethics rules provide guidance for a lawyer's use of bias and whether proposed rules aimed at eliminating such advocacy would improve or diminish justice. This article argues against such efforts because they impinge on legitimate lawyering, and they may distract …

Presumptions And Burdens Of Proof As Tools For Legal Stability And Change, Tamar Frankel

Faculty Scholarship

Presumptions and burdens of proof are used, among other purposes, to maintain legal stability and at the same time effect change. By imposing the burden of proof on the party asserting a certain outcome, courts can calibrate burdens of proof and substantive rules until experience points to rule retention or amendment. As agents of change, presumptions and burdens of proof are far more flexible and less brittle than rules.¹

This Article tells the story of presumptions and burdens of proof in litigation between corporate shareholders and managements. This litigation is replete with volatile presumptions and innovative burdens of proof, …

Teaching Ethics: The Role Of The Law Schools, The Courts And The Bar, Ellen Suni

Faculty Works

No abstract provided.

A New Antidote For An Opponent's Pretrial Discovery Misconduct: Treating The Misconduct At Trial As An Admission By Conduct Of The Weakness Of The Opponent's Case, Edward J. Imwinkelried

BYU Law Review

No abstract provided.