Legal Ethics and Professional Responsibility Commons^™

Security Of Tenure Of Administrative Law Judges: How Much Can An Alj Say And Still Stay An Alj?, Allen Shoenberger

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Judicial Independence Under Siege, Wendell Fennell, Fred Young

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Public Perceptions Of Justice: Judicial Independence And Accountability , John L. Kane Jr

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Report To The Judicial Council On The Administrative Law Judge Statute, James F. Flanagan

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The New York Administrative Corps Proposal: Another View, William J. Cowan

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Should The State Pay The Fees Of Claimant Representatives In Unemployment Insurance Hearings?, Paul Wyler

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Judicial Disqualification For Personal Bias In New York State, Jerome P. Vanora

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

General Semantics, Stare Decisis And Change Through Considerations Of A New Ethics, Irene S. Ross

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Administrative Law Judge And An Ethical Ideal Of The Judicial Role, Robert F. Ladenson

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Improving Public Trust & Confidence In Administrative Adjudication: What An Administrative Law Judge Can Do, Edward J. Schoenbaum

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

What Gets Judges In Trouble, Richard H. Underwood

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Balancing Administrative Efficiency And Fairness: Restrictions On Local Hearings Advisors Post-Nightlife Partners, Ltd. V. City Of Beverly Hills , Kelli Shope

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Building And Maintenance Of "Ethics Walls" In Administrative Adjudicatory Proceedings, Jeff Bush, Kristal Wiitala Knutson

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Making Civility Mandatory: Moving From Aspired To Required, David A. Grenardo

Cardozo Public Law, Policy & Ethics Journal

The article advocates for the adoption of mandatory civility rules in all state bars, emphasizing that voluntary codes and oaths are insufficient to address incivility among attorneys. It argues that mandatory civility is essential for the efficient administration of justice, public confidence in the legal system, and the integrity of the legal profession. The author proposes specific rules promoting courteous communication, honesty, and respect, aligning with existing professional conduct standards. The article concludes that mandatory civility, supported by education and consistent enforcement, is crucial for maintaining professionalism and fairness in the legal system.

Closing An Administrative Loophole: Ethics For The Administrative Judiciary, Diana Gillis

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Evaluation Of Judicial Performance: A Tool For Self-Improvement, Richard L. Aynes

Pepperdine Law Review

The quality of our judicial system, like other institutions, is a function of the work performed by those who are afforded major roles in the dispensation of justice. Unmistakably. judges, jurors and lawyers assume key roles in this process. Professor Aynes, who is a member of the A.B.A.'s Evaluation of Judicial Performance Committee, recognizes that both judges and lawyers, unlike jurors, are professionals expected to bring more to the bench than honesty, good faith and diligence. The author observes that while efforts to improve the daily performance of attorneys have been well under way since the early 1970's, it i …

Sanctions - Stepchild Or Natural Heir To Trial And Appellate Court Delay Reduction?, Fred Woods

Pepperdine Law Review

No abstract provided.

Rambo Litigators: Pitting Aggressive Tactics Against Legal Ethics, Thomas M. Reavley

Pepperdine Law Review

No abstract provided.

Introduction, Ronald F. Phillips

Pepperdine Law Review

No abstract provided.

Why Cant We Be Friends Preserving Public Confidence In The Judiciary Through Limited Use Of Social Networking, Helia Garrido Hull

Faculty Scholarship

No abstract provided.

Minding The Court: Enhancing The Decision-Making Process, Pamela Casey, Kevin Burke, Steve Leben

Faculty Works

A compelling and growing body of research from the fields of cognitive psychology and neuroscience provides important insights about how we process information and make decisions. This research has great potential significance for judges, who spend much of their time making decisions of great importance to others. For most judges, this research literature is not part of their judicial education. This article reviews cutting edge research about decision making and discusses its implications for helping judges and those who work with them produce fair processes and just outcomes. It builds on a 2007 American Judges Association paper that encouraged judges …

Supreme Court Leaks And Recusals: A Response To Professor Steven Lubet’S Scotus Ethics In The Wake Of Nfib V. Sebelius, 47 Val. U. L. Rev. 925 (2013), Kevin Hopkins

UIC Law Open Access Faculty Scholarship

As Professor Steven Lubet notes in his article, Stonewalling, Leaks, and Counter-Leaks: SCOTUS Ethics in the Wake of NFIB v. Sebelius, the ethical conduct of Supreme Court Justices has once again gained national attention. This time, however, the context for public outcry is due to actions of an in-house source who released confidential information to a member of the press concerning the voting behavior and the overall sentiments of members of the Court's minority in one of the most significant and controversial rulings of the year: NFIB v. Sebelius (the "Affordable Care Act"). Professor Lubet uses this leaking of significant …

Judicial Ethics And Supreme Court Exceptionalism, Amanda Frost

Scholarly Articles in Law Reviews & Journals

In his 2011 Year-End Report on the Federal Judiciary, Chief Justice John Roberts cast doubt on Congress’s authority to regulate the Justices’ ethical conduct, declaring that the constitutionality of such legislation has “never been tested.” Roberts’ comments not only raise important questions about the relationship between Congress and the Supreme Court, they also call into question the constitutionality of a number of existing and proposed ethics statutes. Thus, the topic deserves close attention.

This Essay contends that Congress has broad constitutional authority to regulate the Justices’ ethical conduct, just as it has exercised control over other vital aspects of the …

Ethics In Legal Education: An Augmentation Of Legal Realism, Gerald R. Ferrera

Pepperdine Law Review

No abstract provided.

Angry Judges, Terry A. Maroney

Vanderbilt Law School Faculty Publications

Judges get angry. Law, however, is of two minds as to whether they should; more importantly, it is of two minds as to whether judges’ anger should influence their behavior and decision making. On the one hand, anger is the quintessentially judicial emotion. It involves appraisal of wrongdoing, attribution of blame, and assignment of punishment — precisely what we ask of judges. On the other, anger is associated with aggression, impulsivity, and irrationality. Aristotle, through his concept of virtue, proposed reconciling this conflict by asking whether a person is angry at the right people, for the right reasons, and in …

Civility And Collegiality—Unreasonable Judicial Expectations For Lawyers As Officers Of The Court?, Lonnie T. Brown

Scholarly Works

It is a well-settled and often-recited fact that lawyers are “officers of the court.” That title, however, is notoriously hortatory and devoid of meaning. Nevertheless, the Eleventh Circuit recently took the somewhat unprecedented step of utilizing the officer-of-the-court label to, in effect, sanction an attorney for the purportedly uncivil act of failing to provide defendant attorneys with pre-suit notice. While the author applauds the court’s desire to place greater emphasis on lawyer-to-lawyer collegiality as a component of officer-of-the-court status, the uncertainty the decision creates in terms of a lawyer’s role will potentially force litigators to compromise important client-centered duties. This …

Judicial Recusal And Disqualification: The Need For A Per Se Rule On Friendship (Not Acquaintance), Jeremy M. Miller

Pepperdine Law Review

Legal Ethics rules have become both more objective and more specific. There are already enemy rules for recusal. The recent debacle of the Antonin Scalia/Dick Cheney hunting trip when VP Cheney was a named defendant, and Scalia's refusal to disqualify himself shows there is a problem. But Scalia was correct, friendship does not mandate recusal. However, friendship, properly defined, as herein, must be added to the recusal factors. Former Chief Justice Rehnquist refusing to disqualify himself when he was involved in a lower court case as prosecutor caused an analogous change in the judicial conduct rules. This paper traces case …

Mediation By Judges: A New Phenomenon In The Transformation Of Justice , Louise Otis, Eric H. Reiter

Pepperdine Dispute Resolution Law Journal

This article has three principal parts. In the first, we present an overview of judicial mediation and how it responds to some of the perceived problems with the classical model of adjudication. In this analysis, we draw especially on the experience with judicial mediation at the appellate level at the Quebec Court of Appeal. In the second part, we examine the unfolding of the mediation process itself, using an annotated guide to judicial mediation to address broader issues of both practical and theoretical concern. In the third part, we consider the crucial question of ethics in mediation, signaling some of …

The Disempowering Relationship Between Mediator Neutrality And Judicial Impartiality: Toward A New Mediation Ethic, Ronit Zamir

Pepperdine Dispute Resolution Law Journal

The issue I shall discuss in this article is whether the concept of mediator neutrality advances the empowering and effective participation of parties from disadvantaged groups. Section II will deal with the relationship between the concept of neutrality in the adversarial legal process, in the mediation process, and the concept of procedural justice. I shall then present the meanings ascribed to the concept of mediator neutrality in the two prevailing models of mediation: the problem-solving model and the transformative model. The affinity between these meanings and the concept of judicial impartiality will be discussed and critiqued. Finally, I shall suggest …

Legal Ethics For The Millennials Avoiding The Compromise Of Integrity, Helia Garrido Hull

Faculty Scholarship

No abstract provided.