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Legal Ethics and Professional Responsibility Commons

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Articles 541 - 570 of 674

Full-Text Articles in Legal Ethics and Professional Responsibility

Regulating Judicial Misconduct And Divining "Good Behavior" For Federal Judges, Harry T. Edwards Feb 1989

Regulating Judicial Misconduct And Divining "Good Behavior" For Federal Judges, Harry T. Edwards

Michigan Law Review

In recent years, we have witnessed an unprecedented number of instances in which federal judges have been accused of criminal behavior and other serious acts of misconduct. This raises major concerns regarding the scope and enforcement of canons of conduct for members of the judicial branch. It would be presumptuous for anyone to suggest a complete understanding of the notion of "good behavior" for federal judges, or to claim a fully satisfactory prescription for the problem of "judicial misconduct." That is not my object. In reflecting on these issues, however, I have come to realize that I may not share …


Coming Of Age Some More: "Law And Literature" Beyond The Cradle, Richard H. Weisberg Oct 1988

Coming Of Age Some More: "Law And Literature" Beyond The Cradle, Richard H. Weisberg

Articles

The article explores the historical development and significance of the Law and Literature movement, emphasizing the importance of literature in understanding legal reasoning, judicial writing, and professional ethics. It highlights how literature provides unique insights into the legal profession and advocates for its integration into legal education and practice to enhance ethical understanding and communication skills.


Justice And Judges, Joseph L. Daly May 1988

Justice And Judges, Joseph L. Daly

BYU Law Review

No abstract provided.


Judicial Discipline And Impeachment, John H. Garvey Jan 1988

Judicial Discipline And Impeachment, John H. Garvey

Scholarly Articles

This symposium deals with the discipline and removal of Article III judges. In employing these measures we must heed two principles that are in tension with one another. The first is that judges must be honest. The second is that they must be independent. This second principle actually presupposes a third, about which I will say something before returning to the first two. The independence of federal judges is particularly important because they engage in the practice of judicial review


Comments On Professor Rotunda's Essay, Richard H. Underwood Jan 1988

Comments On Professor Rotunda's Essay, Richard H. Underwood

Law Faculty Scholarly Articles

In this comment, Professor Richard H. Underwood provides a response to An Essay on the Constitutional Parameters of Federal Impeachment, by Professor Ronald D. Rotunda. Rotunda’s essay was published in the Kentucky Law Journal, Vol. 76, No. 3, pp. 707-732.


Silence As A Trial Strategy After Strickland And Cronic: Ineffective Assistance Of Counsel?Nic : The Ineffective Assistance Of Counsel?, Jo Ellen Silberstein Jan 1987

Silence As A Trial Strategy After Strickland And Cronic: Ineffective Assistance Of Counsel?Nic : The Ineffective Assistance Of Counsel?, Jo Ellen Silberstein

Touro Law Review

No abstract provided.


The Lawyer's Role In The Independent Adoption Process: Parental Consent And Best Interests Of The Child, Diana Lafemina Jan 1987

The Lawyer's Role In The Independent Adoption Process: Parental Consent And Best Interests Of The Child, Diana Lafemina

Touro Law Review

No abstract provided.


Ex Parte Communication By The Judiciary, Jay C. Carlisle Nov 1986

Ex Parte Communication By The Judiciary, Jay C. Carlisle

Elisabeth Haub School of Law Faculty Publications

The recent establishment of an Individual Assignment System in New York has introduced what one commentator has referred to as new "rules of the game". Nonetheless, the old rules still apply with respect to ex parte communication by judges which is governed by Canon 3(A)( 4) of the Code of Judicial Conduct. Canon 3(A)(4), as adopted by the New York State Bar Association in 1973, prohibits a judge from initiating or considering ex parte communications concerning a pending or impending proceeding. This prohibition, which has been strictly construed by decisional law and bar association advisory opinions, has new significance under …


How The Patent And Copyright Clauses Came To Be A Part Of Our National Charter, Roger J. Miner '56 Mar 1986

How The Patent And Copyright Clauses Came To Be A Part Of Our National Charter, Roger J. Miner '56

Intellectual Property

No abstract provided.


Federal Courts At The Crossroads, Roger J. Miner '56 Jan 1986

Federal Courts At The Crossroads, Roger J. Miner '56

Bar Associations

No abstract provided.


The Duty To Criticize The Courts (Ii), Roger J. Miner '56 Jan 1986

The Duty To Criticize The Courts (Ii), Roger J. Miner '56

Judges

No abstract provided.


The Judge, Marianne Wesson Jan 1986

The Judge, Marianne Wesson

Publications

No abstract provided.


A Judge’S Advice To Today’S Law Graduates, Roger J. Miner '56 Nov 1985

A Judge’S Advice To Today’S Law Graduates, Roger J. Miner '56

Lawyers and the Legal Profession

No abstract provided.


Practical Reasoning And Judicial Justification: Toward An Adequate Theory, Vincent A. Wellman Jan 1985

Practical Reasoning And Judicial Justification: Toward An Adequate Theory, Vincent A. Wellman

Law Faculty Research Publications

No abstract provided.


The Duty To Criticize The Courts (I), Roger J. Miner '56 Jan 1985

The Duty To Criticize The Courts (I), Roger J. Miner '56

Lawyers and the Legal Profession

No abstract provided.


Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc Jan 1985

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.


Book Review, Mark J. Loewenstein Jan 1984

Book Review, Mark J. Loewenstein

Publications

No abstract provided.


Sharing In Justice, Roger J. Miner '56 May 1983

Sharing In Justice, Roger J. Miner '56

Flag Day & Law Day Ceremonies

No abstract provided.


How Judges Speak: Some Lessons On Adjudication In Billy Budd, Sailor With An Application To Justice Rehnquist, Richard H. Weisberg Apr 1982

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.


Judge Frankel And The Adversary System, William T. Pizzi Jan 1981

Judge Frankel And The Adversary System, William T. Pizzi

Publications

No abstract provided.


Discovery Problems In Civil Cases, Joseph L. Ebersole, Barlow Burke Apr 1980

Discovery Problems In Civil Cases, Joseph L. Ebersole, Barlow Burke

Federal Judicial Center Reports

This publication is a product of a study undertaken in furtherance of the Center's statutory mission to conduct and stimulate research and development on matters of judicial administration. The analyses, conclusions, and points of view are those of the authors. This work has been subjected to staff review within the Center, and publication signifies that it is regarded as responsible and valuable. It should be emphasized, however, that on matters of policy, the Center speaks only through its Board.


Idaho V. Freeman - Judicial Disqualification: The Effect Of Religious Leadership On Judicial Impartiality, 14 J. Marshall L. Rev. 243 (1980), Gwenda M. Burkhardt Jan 1980

Idaho V. Freeman - Judicial Disqualification: The Effect Of Religious Leadership On Judicial Impartiality, 14 J. Marshall L. Rev. 243 (1980), Gwenda M. Burkhardt

UIC Law Review

No abstract provided.


Judicial Controls And The Civil Litigative Process: Discovery, Paul R. Connolly, Edith A. Holleman, Michael J. Kuhlman Jun 1978

Judicial Controls And The Civil Litigative Process: Discovery, Paul R. Connolly, Edith A. Holleman, Michael J. Kuhlman

Federal Judicial Center Reports

This report should be viewed as a beginning. It explores from one perspective the operation of the federal rules governing discovery as revealed in more than 7,000 docketed requests appearing in more than 3,000 terminated cases in six United States district courts, (A survey of practitioners in the six districts suggests that the docketed requests cover the great bulk of discovery activity.) The report is a continuation of the Center's District court studies Project, the first report of which (Case Management and Court Management in United States District Court) appeared several months ago.


Prosecutorial Discretion, Plea Bargaining And The Supreme Court's Opinion In Bordenkircher V. Hayes, William T. Pizzi Jan 1978

Prosecutorial Discretion, Plea Bargaining And The Supreme Court's Opinion In Bordenkircher V. Hayes, William T. Pizzi

Publications

No abstract provided.


Landmark Communications, Inc. V. Virginia, Lewis F. Powell Jr. Oct 1977

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

Supreme Court Case Files

No abstract provided.


Judicial Ethics--Recusal Of Judges--The Need For Reform, Don R. Sensabaugh Jr. Jun 1975

Judicial Ethics--Recusal Of Judges--The Need For Reform, Don R. Sensabaugh Jr.

West Virginia Law Review

No abstract provided.


Law, Morality And The Judge: Robert M. Cover's Justice Accused, Raymond L. Faust Apr 1975

Law, Morality And The Judge: Robert M. Cover's Justice Accused, Raymond L. Faust

IUSTITIA

The intellectual world of the nineteenth century judge was one in which the two main concerns relevant to our topic here were what the judge's role ought to be in the evolution of law in a democratic society, and whether a recognition and application of 'natural law' was ever appropriate to a legal system. Professor Cover reviews exhaustively the eighteenth and nineteenth century sources from which American judges drew their ideas on these subjects, and studies practically all of the antebellum slavery litigation to discover how judges actually applied these doctrines in the context of slavery cases. What he comes …


Disqualifications For Interest Of Lower Federal Court Judges: 28 U.S.C. § 455, Michigan Law Review Jan 1973

Disqualifications For Interest Of Lower Federal Court Judges: 28 U.S.C. § 455, Michigan Law Review

Michigan Law Review

Disqualification of a judge occurs when he is ineligible by law to sit in a particular case. At the Supreme Court level, disqualification is a personal decision of the individual justice, who seldom records the reasons for his decision. Thus, there is little material on the Court's disqualification practices that can be subjected to legal analysis. However, substantial case law on disqualification has developed in the lower federal courts, where the decision of a trial judge to sit or step down in a case may appear in the trial record and is subject to review by a court of appeals. …


I Have A Concern, Houstoun Waring Dec 1972

I Have A Concern, Houstoun Waring

Publicity & News Clippings

No abstract provided.


Policing The 'Fairness' Of Television, Wayne E. Green Dec 1972

Policing The 'Fairness' Of Television, Wayne E. Green

Publicity & News Clippings

No abstract provided.