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Legal Ethics and Professional Responsibility Commons™
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Articles 871 - 900 of 1409
Full-Text Articles in Legal Ethics and Professional Responsibility
Victims' Rights And The Death-Sentenced Inmate: Some Observations And Thoughts Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Susan L. Karamanian
Victims' Rights And The Death-Sentenced Inmate: Some Observations And Thoughts Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Susan L. Karamanian
St. Mary's Law Journal
The concept of “victims’ rights” refers to the movement from the 1950s which focuses on enhancing the role of the victim in the criminal process. The movement changed dramatically the manner in which capital cases are investigated and prosecuted. Prosecutors may work with the victims’ families on whether to accept a plea bargain or whether to seek the death penalty. The victims’ families may now also provide victim impact statements to let their own suffering influence the jury during the sentencing phase. The right of the victim’s family to have a say in the process does not end with the …
Nov. 24, 1997, L. Jordan And C. Chamberlain, Bic, Letter Analyzing Ifc's Draft Information Policy, Lisa Jordan, Chris Chamberlain
Nov. 24, 1997, L. Jordan And C. Chamberlain, Bic, Letter Analyzing Ifc's Draft Information Policy, Lisa Jordan, Chris Chamberlain
IFC E&S Performance Standards
No abstract provided.
Nov. 20, 1997, L. Jordan, Bic, Letter To Csos Conveying Ifc's Draft Information Policy, Bic
Nov. 20, 1997, L. Jordan, Bic, Letter To Csos Conveying Ifc's Draft Information Policy, Bic
IFC E&S Performance Standards
No abstract provided.
Nov. 17, 1997, Ifc, Board Packet Draft Of Envtl Policy And Information Policy, Ifc-R97-208, Ifc
Nov. 17, 1997, Ifc, Board Packet Draft Of Envtl Policy And Information Policy, Ifc-R97-208, Ifc
IFC E&S Performance Standards
No abstract provided.
Nov. 17, 1997, Ifc, Board Packet Draft Of Envtl Policy And Information Policy, Ifc-R97-208, Ifc
Nov. 17, 1997, Ifc, Board Packet Draft Of Envtl Policy And Information Policy, Ifc-R97-208, Ifc
IFC E&S Performance Standards
No abstract provided.
Nov. 17, 1997, Ifc, Draft Review Of Information Policy, Ifc
Nov. 17, 1997, Ifc, Draft Review Of Information Policy, Ifc
IFC E&S Performance Standards
No abstract provided.
Nov. 17, 1997, Ifc, Draft Environmental And Social Policies And Procedures, Ifc
Nov. 17, 1997, Ifc, Draft Environmental And Social Policies And Procedures, Ifc
IFC E&S Performance Standards
No abstract provided.
Oct. 15, 1997, Ciel- Foe, Draft Response To Industry On Ifc Consultation Procedure, V.1, Ciel, Foe
Oct. 15, 1997, Ciel- Foe, Draft Response To Industry On Ifc Consultation Procedure, V.1, Ciel, Foe
IFC E&S Performance Standards
No abstract provided.
Oct. 15, 1997, Ciel-Foe, Draft Response To Industry On Ifc Consultation Procedure V.2, Ciel, Foe
Oct. 15, 1997, Ciel-Foe, Draft Response To Industry On Ifc Consultation Procedure V.2, Ciel, Foe
IFC E&S Performance Standards
No abstract provided.
Jun. 23, 1997, S. Kim, Research Memo To D. Clark And D. Hunter Re Business Confidentiality And Ifc, Soye Kim
Jun. 23, 1997, S. Kim, Research Memo To D. Clark And D. Hunter Re Business Confidentiality And Ifc, Soye Kim
IFC E&S Performance Standards
No abstract provided.
Cries And Whispers: Environmental Hazards, Model Rule 1.6, And The Attorney's Conflicting Duties To Clients And Others, Irma S. Russell
Cries And Whispers: Environmental Hazards, Model Rule 1.6, And The Attorney's Conflicting Duties To Clients And Others, Irma S. Russell
Washington Law Review
This Article explores the attorney's duty of confidentiality in the context of environmental dangers, examining the history and purpose of the duty and the model ethical rule that controls issues of confidentiality, Rule 1.6 of the Model Rules of Professional Conduct ("Model Rules"). Important scholarship has criticized Model Rule 1.6, but that scholarship has not explored the effects of the Rule in the area where the stakes are highest: environmental catastrophes. The Article analyzes the Rule's text, commentary, and legislative history and discusses the two predominant views of the attorney in our society, the attorney as champion and as officer …
Cries And Whispers: Environmental Hazards, Model Rule 1.6, And The Attorney's Conflicting Duties To Clients And Others, Irma S. Russell
Cries And Whispers: Environmental Hazards, Model Rule 1.6, And The Attorney's Conflicting Duties To Clients And Others, Irma S. Russell
Faculty Works
This article examines the ethical tensions lawyers face when client confidentiality conflicts with the potential for environmental harm. This article focuses on Model Rule 1.6 of the Model Rules of Professional Conduct, arguing that its categorical approach to confidentiality often compels silence even when public safety is at stake. By exploring the role of attorneys as both client advocates and officers of the court, the article critiques the profession’s prioritization of the “attorney as champion” model. Using the hypothetical of a domestic environmental disaster akin to Bhopal, the article highlights the inadequacy of current ethical rules to address widespread …
Cercla The Wagons, Our Attorney Just Switched Sides And Now Fights For Apache: Gte North, Inc. V. Apache Products Company, Christopher M. Jaarda
Cercla The Wagons, Our Attorney Just Switched Sides And Now Fights For Apache: Gte North, Inc. V. Apache Products Company, Christopher M. Jaarda
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Hiv And Aids Test Results And The Duty To Warn Third Parties: A Proposal For Uniform Guidelines For Texas Professionals Comment., Tammy R. Wavle
Hiv And Aids Test Results And The Duty To Warn Third Parties: A Proposal For Uniform Guidelines For Texas Professionals Comment., Tammy R. Wavle
St. Mary's Law Journal
Professionals in Texas are increasingly faced with the issues of if and when they must disclose infection of the Human Immunodeficiency Virus (HIV), and if they may be held liable for failing to disclose a known infection. These professionals must deal with conflicting guidance from the courts and legislature. The source of confusion is the conflict between the common-law duty to warn identifiable third parties of the dangers posed to them and the Texas statute governing confidentiality of test results for Acquired Immune Deficiency Syndrome (AIDS). The Communicable Disease Prevention and Control Act (CDPCA) mandates disclosure of positive test results …
So Long Sweetheart - State Farm Fire & (And) Casualty Co. V. Gandy Swings The Pendulum Further To The Right As The Latest In A Line Of Setbacks For Texas Plaintiffs., Timothy D. Howell
So Long Sweetheart - State Farm Fire & (And) Casualty Co. V. Gandy Swings The Pendulum Further To The Right As The Latest In A Line Of Setbacks For Texas Plaintiffs., Timothy D. Howell
St. Mary's Law Journal
Some legal commentators would analogize the description of the prisoner of The Pit and the Pendulum to modern tort law and policy. Like a pendulum, tort law is always in motion, swinging between two ideologies: those being the plaintiff-oriented rights of the 1970s-80s, and the tort-reforms which began in the mid-80s. This trend continued until the 1990s and the decision of State Farm Fire & Casualty Co. v. Gandy where Texas plaintiffs began experiencing setbacks. The Gandy decision likely curtails the use of the “sweetheart deal” a practice, in which an insured defendant first settles with the plaintiff, then assigns …
The U.S. Attorney: Fateful Powers Limited Essay., Tom Rickhoff
The U.S. Attorney: Fateful Powers Limited Essay., Tom Rickhoff
St. Mary's Law Journal
Nothing more separates the United States from some of history’s most ruthless and resourceful enemies, the Mexican drug syndicates, than an intermittent trickle of water. In spite of this crisis, the U.S. Attorney’s Office has languished without a presidentially-appointed leader since the Branch Davidian nightmare. Considering the historical influence of the U.S. Attorney’s office, the current situation in the Western District of Texas is somewhat surprising. At one time, U.S. Attorneys exercised almost total discretion as to how the federal government impacted the lives of the powerful as well as the powerless. One of the primary obstacles in restoring effective …
Of Ivory Columns And Glass Ceilings: The Impact Of The Supreme Court Of The United States On The Practice Of Women Attorneys In Law Firms Comment., Nancy L. Farrer
Of Ivory Columns And Glass Ceilings: The Impact Of The Supreme Court Of The United States On The Practice Of Women Attorneys In Law Firms Comment., Nancy L. Farrer
St. Mary's Law Journal
This Commentary examines the effect United States Supreme Court decisions on sex discrimination in the legal profession. Discrimination against women currently appears to be alive and well in the legal field. Decisions like Bradwell v. Illinois and In re Lockwood frustrated women attorneys for over a century, allowing states to determine women were unfit for occupations in areas like law. Hishon v. King & Spalding, and later, Price Waterhouse v. Hopkins, applied Title VII protections to evaluations of potential law firm partners—a process previously closed and unassailable for most of the history of the legal profession. More recently, Harris v. …
The Antiterrorism Act, The Immigration Reform Act, And Ideological Regulation In The Immigration Laws: Important Lessons For Citizens And Noncitizens., Kevin R. Johnson
The Antiterrorism Act, The Immigration Reform Act, And Ideological Regulation In The Immigration Laws: Important Lessons For Citizens And Noncitizens., Kevin R. Johnson
St. Mary's Law Journal
This Article analyzes how the Antiterrorism Act and the Immigration Reform Act reflect a larger historical dynamic in the relationship between domestic subordination and immigration law. The U.S. government historically employed immigration laws in an effort to protect the established political and social order. History reveals a strong correlation between the severe treatment politically subversive U.S. citizens received and the constriction of the immigration laws. This Article argues the lack of constitutional protections for noncitizens helps to explain the recurrent backlash against them. The treatment of noncitizens suggests how far the government might go to suppress domestic political dissent by …
Title Iii Of The Violence Against Women Act: The Answer To Domestic Violence Or A Constitutional Time-Bomb Comment., Yvette J. Mabbun
Title Iii Of The Violence Against Women Act: The Answer To Domestic Violence Or A Constitutional Time-Bomb Comment., Yvette J. Mabbun
St. Mary's Law Journal
The Violence Against Women Act (VAWA) was enacted in 1994 to combat the growing and widespread epidemic of domestic violence. Congressional committees assigned to study this epidemic found that violent attacks by men topped the list of dangers to an American woman’s health. In an attempt to raise society’s awareness of the problem of violence against women and to ameliorate the victimization of women, Congress enacted VAWA. Specifically, Title III of VAWA establishes a federal civil right for victims of violent, gender-motivated crimes. These provide victims with either injunctive or monetary compensation. Consequently, there have been questions about the constitutionality …
Doing Justice: A Challenge For Catholic Law Schools Essay., Grace M. Walle
Doing Justice: A Challenge For Catholic Law Schools Essay., Grace M. Walle
St. Mary's Law Journal
The numerous allegations of misconduct against high-ranking United States political figures and the associated attorneys are disheartening, but even more disconcerting is the general public’s acquiescence to these ethical deviations. The common assumption that “all lawyers are crooks” fails to outrage anyone. The fact most, if not all, recent ethical violators attended law schools and began their political careers as lawyers prompts questions of the legal education process. Understanding what justice encompasses may begin in books and the classroom, but justice in legal practice requires far more. The aspiration of “doing justice” may stem from religious belief, but this goal …
Defining The Limits Of Federal Court Jurisdiction Over States In Bankruptcy Court., Patricia L. Barsalou
Defining The Limits Of Federal Court Jurisdiction Over States In Bankruptcy Court., Patricia L. Barsalou
St. Mary's Law Journal
Sovereign immunity jurisprudence has always been a confusing jumble of assumptions which seem incomprehensible. Despite the confusion, understanding sovereign immunity has become more important in the wake of the United States Supreme Court’s decision in Seminole Tribe of Florida v. Florida. The constitutional issues raised in Seminole Tribe amount to a reinterpretation of the fundamental balance of power between federal and state governments and the power of Congress to affect that balance. Not all sovereign immunity is sovereign immunity. Many courts use the term to identify both the common-law doctrine and the “immunity” granted to the states through the Eleventh …
The Food And Drug Administration's Final Rule On Tobacco Advertising Is All Butt Final: Commercial Speech Doctrine Will Be Tested Once More Under A Stricter Central Hudson Analysis In The Aftermath Of 44 Liquormart, Inc. V. Rhode Island Comment., Joe R. Hinojosa
St. Mary's Law Journal
In 1996 the Food and Drug Administration (FDA) promulgated regulations affecting the advertising, sale, and promotion of tobacco. President Clinton supported the FDA’s claim it has the power to regulate tobacco products not as drugs, but as medical delivery devices of nicotine. Meaning tobacco sellers, retailer, distributors, and manufacturers would be subject to strict rules concerning how and where tobacco products may be advertised, distributed, and promoted. Despite the FDA’s claims, these measures were oriented toward discouraging children from smoking. Opponents of the regulations claim the restrictions constitute blatant infringement of commercial speech. The FDA argues that while advertising is …
The Interaction Of The Division Order And The Lease Royalty Clause., Laura H. Burney
The Interaction Of The Division Order And The Lease Royalty Clause., Laura H. Burney
St. Mary's Law Journal
Because lease royalty clauses, which establish the obligation of the lessee to pay royalties to the lessor, generally fail to include the details necessary to calculate a lessor’s royalty, lessee or third party purchasers historically have implemented a division order. An additional document in the payment process, the division order protects against a lessee or third party purchaser’s liability for conversion or failure to account properly. Recent court of appeals and Supreme Court of Texas opinions provide an analysis of the interaction of the lease royalty clause and the division order under Texas statutory and case law. The awkward wording …
The Prospects For Challenging U.S. Nuclear Weapons Policy In Light Of The World Court's Advisory Opinion On The Legality Of The Threat Or Use Of Such Weapons Comment., Stephen Gordon
St. Mary's Law Journal
In an opinion, the World Court concluded “the threat or use of nuclear weapons would generally be contrary to the rules of international law,” the only exception being “in an extreme circumstance of self-defense, where survival of a State is at stake.” The Court’s opinion could read as prohibiting the most common ways the United States incorporated nuclear weapons into its defense strategy. First, it may prevent the United States from using such weapons again legally. Second, if the opinion does not render using nuclear weapons illegal in all circumstances, it might prohibit the United States from ever being the …
Immigration Reform: Seeking The Right Reasons., Lamar Smith, Edward R. Grant
Immigration Reform: Seeking The Right Reasons., Lamar Smith, Edward R. Grant
St. Mary's Law Journal
The legacy of immigration to the United States permeates the debate over current immigration policy. Because our self-definition as a nation is at stake in this debate, the issue of immigration arouses our deepest sentiments regarding the communities in which we live. We do not need to search far back in our history to find examples of imprudent law-making. Both the 1924 and 1925 immigration laws were motivated in large part by purposes which eventually undermined the principles on which they rested. These acts serve as prime examples of how employing erroneous reasons to enact even well-intentioned laws can be …
Writing In The Margins: Brennan, Marshall, And The Inherent Weaknesses Of Liberal Judicial Decision-Making Essay., Donna F. Coltharp
Writing In The Margins: Brennan, Marshall, And The Inherent Weaknesses Of Liberal Judicial Decision-Making Essay., Donna F. Coltharp
St. Mary's Law Journal
From 1967, when Thurgood Marshall took his seat as Supreme Court Justice, until 1990, when William Brennan, Jr. vacated his seat, the two Justices formed one of the most consistent liberal voting blocs in the history of the Court. Both Justices were judicial activists who labored in the tradition of Legal Realism. Although both Brennan and Marshall recognized the interpretation and application of the law as purposeful exercises, they differed in their approach to the task. Marshall, for instance, appealed to social consensus stating that his views were supported by society. Furthermore, Marshall strongly believed that the Constitution is a …
Abandoned Frozen Embryos And Texas Law Of Abandoned Personal Property: Should There Be A Connection Comment., Lynne M. Thomas
Abandoned Frozen Embryos And Texas Law Of Abandoned Personal Property: Should There Be A Connection Comment., Lynne M. Thomas
St. Mary's Law Journal
In vitro fertilization (“IVF”) has become almost commonplace in society. The widespread utilization of IVF and cryopreservation raises new questions with respect to ownership and disposition of embryos. This legal confusion may be addressed by either crafting specific regulations for that particular technology as its implications become apparent, or by applying current law. IVF first began in Great Britain, and the British Parliament passed a law mandating destruction of abandoned frozen embryos five years after cryopreservation. Destruction of the embryos potentially caused the loss of reproduction capability for those persons whose embryos were destroyed. While the number of abandoned frozen …
Franklin S. Spears: A Proud Legacy To Texas Jurisprudence In Memoriam., James L. Branton
Franklin S. Spears: A Proud Legacy To Texas Jurisprudence In Memoriam., James L. Branton
St. Mary's Law Journal
Abstract Forthcoming.
Justice Franklin S. Spears: Unsung Hero Of Texas Justice In Memoriam., Thomas R. Phillips
Justice Franklin S. Spears: Unsung Hero Of Texas Justice In Memoriam., Thomas R. Phillips
St. Mary's Law Journal
Abstract Forthcoming.
Justice Franklin S. Spears: A Son's Perspective On His Father In Memoriam., Carleton B. Spears
Justice Franklin S. Spears: A Son's Perspective On His Father In Memoriam., Carleton B. Spears
St. Mary's Law Journal
Abstract Forthcoming.