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Legal Ethics and Professional Responsibility Commons™

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Articles 1231 - 1260 of 1990

Full-Text Articles in Legal Ethics and Professional Responsibility

Aboilishing The Texas Jury Shuffle., Michael M. Gallgher Jan 2004

Aboilishing The Texas Jury Shuffle., Michael M. Gallgher

St. Mary's Law Journal

This Article argues that the Texas Legislature should abolish the jury shuffle and join the other forty-nine states who have already done so. The jury shuffle, when requested, is a procedure which results in a random shuffling of the names of the jury pool members. Texas attorneys currently possess an entirely cost and risk free procedure through which they can discriminate against potential jurors on the basis of race, gender, ethnicity, or anything else that suits their fancy. An attorney can request a jury shuffle without stating a reason and a judge cannot ask why a shuffle was requested or …

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School Voucher Programs: Has The Supreme Court Pulled Up The Gangplank To Establishment Clause Challenges., Cecil C. Kuhne Iii Jan 2004

School Voucher Programs: Has The Supreme Court Pulled Up The Gangplank To Establishment Clause Challenges., Cecil C. Kuhne Iii

St. Mary's Law Journal

The Establishment Clause is not violated when a program is neutral toward religion and provides assistance directly to a broad class of citizens, who in turn voluntarily direct the aid to religious schools. A program containing these features permits government aid to reach religious institutions only thru the deliberate choices of individuals. Any incidental advancement or endorsement of religion is attributable to the individual recipient—not the government, which simply acts as a disburser. In Zelman v. Simmons-Harris, the Supreme Court reiterated this rationale from a twenty-year line of cases. Zelman is a death knell for Establishment Clause challenges to carefully …

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Predatory Paternity Establishment: A Critical Analysis Of The Acknowledgment Of Paternity Process In Texas., Anne Greenwood Jan 2004

Predatory Paternity Establishment: A Critical Analysis Of The Acknowledgment Of Paternity Process In Texas., Anne Greenwood

St. Mary's Law Journal

Child support programs across the nation are struggling to achieve even meager recovery of the financial support children need from their parents. Obtaining child support payments from men who are not fathers and who unknowingly signed their rights away is not a sound long-term policy. States must ensure that children are supported and their custodial mothers receive assistance from non-custodial fathers. Logically, the law should only compel a man to support a child he fathered. If a man chooses to assume not only the financial obligation but also the relationship which belongs to the biological father; then such agreement must …

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Stranded In The Wastelands Of Unregulated Roadway Police Powers: Can Reasonable Officers Ever Rescue Us., Keith S. Hampton Jan 2004

Stranded In The Wastelands Of Unregulated Roadway Police Powers: Can Reasonable Officers Ever Rescue Us., Keith S. Hampton

St. Mary's Law Journal

This Article describes the present state of roadway police power and explores the vulnerability of drivers and occupants to police abuse, specifically using pretextual stops. Today, state and federal courts have made many police power accommodations to the constitutional reasonableness requirement. Current Fourth Amendment jurisprudence justifies almost all conceivable police seizures of people in vehicles. If the police officer can point out any traffic law violation, he can arrest. And if he can arrest under those circumstances, then the already blurred line between detentions and arrest becomes inconsequential, constitutionally speaking. This Article proposes that the Texas Court of Criminal Appeals …

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United States V. Bean: Shoveling After The Elephant., Pannal Alan Sanders Jan 2004

United States V. Bean: Shoveling After The Elephant., Pannal Alan Sanders

St. Mary's Law Journal

Over the years Congress has enacted and amended several versions of the United States Code (U.S.C) § 925(c). Several reported cases illustrate the courts’ early efforts to develop a coherent body of jurisprudence with respect to the procedural and substantive aspects of U.S.C. § 925(c) judicial review. Specifically, the § 925(c) denials of relief by the Director before the congressional appropriations ban commenced in 1993. Although the methodology and reasoning behind these decisions differ in their details, several themes are discernable. First, even without the express provisions for judicial review added by the Firearms Owners Protection Act (FOPA), courts consistently …

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Decriminalizing Sexual Conduct: The Supreme Court Ruling In Lawrence V. Texas., Jessica A. Gonzalez Jan 2004

Decriminalizing Sexual Conduct: The Supreme Court Ruling In Lawrence V. Texas., Jessica A. Gonzalez

St. Mary's Law Journal

Throughout America, homosexual men and women have fought for the protection of their constitutional rights; gay men, lesbian women, and bisexual persons have petitioned the government for marital rights, adoption privileges, and recognition in the armed forces. While American culture has changed to include homosexuals in its daily life, the judicial branch has been hesitant in accepting gay culture within the legal system. While American courts remained reluctant to invalidate anti-sodomy statutes, Lawrence v. Texas pushed homosexual issues to the forefront. Gay activists demanded that the courts recognize homosexual individuals as persons deserving of constitutional protections. In doing so, Lawrence …

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Punishment Evidence: Grunsfeld Ten Years Later., Edward L. Wilkinson Jan 2004

Punishment Evidence: Grunsfeld Ten Years Later., Edward L. Wilkinson

St. Mary's Law Journal

This Article deals with the admissible evidence during the punishment phase of a non-capital trial in Texas. In 1989, the Texas Legislature amended Article 37.07, Section 3(a) of the Texas Code of Criminal Procedure to widen the scope of evidence admissible during the punishment phase of a non-capital trial. Grunsfel v. State, the leading case, the Court of Criminal Appeals interpreted the statute so narrowly as to render the changes meaningless. In 1993, the legislature amended the statute a second time; it provided for a more expansive range of evidence to be introduced, but deleted a critical definition of what …

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The Seat Belt Defense In Texas., Brian T. Bagley Jan 2004

The Seat Belt Defense In Texas., Brian T. Bagley

St. Mary's Law Journal

This Comment calls upon Texas courts to recognize the seat belt defense as a form of comparative responsibility. It has become standard procedure for Americans riding in motor vehicles to “buckle up.” Seat belt usage has risen since 1994, steadily increasing to seventy-five percent in 2002, with an increase of two percent in the last year alone. Many American jurisdictions, however, still refuse to allow evidence of seat belt use or nonuse to be considered in civil suits. Courts do not allow the failure to wear a safety belt in violation of the mandatory seat belt usage statute to be …

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Legal Malpractice: When The Legal System Turns On The Lawyer Third Annual Symposium On Legal Malpractice & Professional Responsibility: Essay., Jennifer Knauth Jan 2004

Legal Malpractice: When The Legal System Turns On The Lawyer Third Annual Symposium On Legal Malpractice & Professional Responsibility: Essay., Jennifer Knauth

St. Mary's Law Journal

What happens when a lawyer becomes a defendant in a legal malpractice case? Much has been written about the shortcomings of the adversary system as measured against its theoretical goals and assumptions. One significant assumption underlying the adversary system is that there is an equal playing field among litigants. The reality of a legal malpractice case is at odds with this ideal. The prevailing cultural bias against lawyers as gatekeepers and beneficiaries of the legal system permeates every aspect of a legal malpractice case. One effect of this cultural bias is the lawyer-defendant's very personal and disproportionate experience with the …

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Ethical Issues In Judicial Campaigns Third Annual Symposium On Legal Malpractice & Professional Responsibility: Symposium Presentations., Micahel E. Keasler Jan 2004

Ethical Issues In Judicial Campaigns Third Annual Symposium On Legal Malpractice & Professional Responsibility: Symposium Presentations., Micahel E. Keasler

St. Mary's Law Journal

Abstract Forthcoming.

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Confidentiality, Corporate Counsel, And Competition Law: Representing Multi-National Corporations In The European Union Third Annual Symposium On Legal Malpractice & Professional Responsibility: Symposium Presentations., Sue Bentch Jan 2004

Confidentiality, Corporate Counsel, And Competition Law: Representing Multi-National Corporations In The European Union Third Annual Symposium On Legal Malpractice & Professional Responsibility: Symposium Presentations., Sue Bentch

St. Mary's Law Journal

Professional ethics for corporate counsel in the European Union (EU) differs from the standards required in the United States. Consequently, conflicts may arise when US corporations deal with EU countries. For instance, if an issue regarding confidentiality emerges, the company bears the burden to prove to the European Commission that a particular document is protected from disclosure. Under EU’s Regulation 17, the European Commissioner has broad powers to investigate and adjudicate suspected violations of EU competition law. The Commissioner is the equivalent of an investigator, prosecutor, judge, and jury, all rolled into one. If a communication from a company was …

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Playing The Probate Card: A Plaintiff's Guide To Transfer To Statutory Probate Court., Joseph R. Marrs Jan 2004

Playing The Probate Card: A Plaintiff's Guide To Transfer To Statutory Probate Court., Joseph R. Marrs

St. Mary's Law Journal

Plaintiffs and defendants in tort litigation by or against a probate estate can be better-litigated in statutory probate court. Since the 1970s, Texas probate courts have steadily risen to power. The Texas Supreme Court attempted to curtail this practice in Seay v. Hall. The Texas legislature overruled Seay and continued to expanded the jurisdiction of statutory probate courts. Despite the continuing “merry dance” between the legislation and judicial review, the legitimate purpose of expanding lawsuits to probate court remains that of efficiently resolving lawsuits linked to guardianship or decedents’ estates while preserving all parties’ interests. The author uses an example …

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Civillity In The Legal Profession: A Survey Of The Texas Judiciary., Catherine M. Stone, Kimberlyl S. Keller, Shane J. Stolarczyk Jan 2004

Civillity In The Legal Profession: A Survey Of The Texas Judiciary., Catherine M. Stone, Kimberlyl S. Keller, Shane J. Stolarczyk

St. Mary's Law Journal

Abstract Forthcoming.

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Dec. 2003, Cao Operational Guidelines. Consultation Draft., Cao Dec 2003

Dec. 2003, Cao Operational Guidelines. Consultation Draft., Cao

CAO General 1999-Present

No abstract provided.

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Ifc, Safeguard Policies Gap Analysis, By J. Thorpe, Sustainability, Nov. 2003, Jodie Thorpe, Seb Beloe, Philippa Moore, Peter Zollinger Nov 2003

Ifc, Safeguard Policies Gap Analysis, By J. Thorpe, Sustainability, Nov. 2003, Jodie Thorpe, Seb Beloe, Philippa Moore, Peter Zollinger

IFC E&S Performance Standards

No abstract provided.

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Oct. 2003, Cao. Intent Behind Ifc's Safeguard Policies. Generally Accepted Interpretation For Audit Purposes., Cao Oct 2003

Oct. 2003, Cao. Intent Behind Ifc's Safeguard Policies. Generally Accepted Interpretation For Audit Purposes., Cao

CAO General 1999-Present

No abstract provided.

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July 24. 2003, B. Dysart, T. Murphy, A. Chayes. Beyond Compliance. External Review Of Cao., Ben Dysart, Tim Murphy, Antonia Chayes Jul 2003

July 24. 2003, B. Dysart, T. Murphy, A. Chayes. Beyond Compliance. External Review Of Cao., Ben Dysart, Tim Murphy, Antonia Chayes

CAO General 1999-Present

No abstract provided.

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July 2003, Status Of The Response By The Office Of The Compliance Advisor, Cao Jul 2003

July 2003, Status Of The Response By The Office Of The Compliance Advisor, Cao

CAO General 1999-Present

No abstract provided.

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Busting The Professional Trust: A Comment On William Simon’S Ladd Lecture, W. Bradley Wendel Jul 2003

Busting The Professional Trust: A Comment On William Simon’S Ladd Lecture, W. Bradley Wendel

Cornell Law Faculty Publications

It is truly an honor to be asked to Comment on the work of William Simon, one of the scholars who has done the most to contribute to the reputation of legal ethics as a field with intellectual rigor and depth, as well as one with significant implications for legal theory generally. The power of his critical faculties is unmatched: the platitudes offered by the organized bar in defense of the dominant view of legal ethics lie in tatters after the sustained assault in the first three chapters of The Practice of Justice. In fact, it can be difficult …

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How I Learned To Stop Worrying And Love Lawyer-Bashing: Some Post-Conference Reflections, W. Bradley Wendel Jul 2003

How I Learned To Stop Worrying And Love Lawyer-Bashing: Some Post-Conference Reflections, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.

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Memo To M. Aizawa, Ifc Frm D. Hunter, An Ifc Policy On Procedures For Revising Policies, June 2003, David Hunter Jun 2003

Memo To M. Aizawa, Ifc Frm D. Hunter, An Ifc Policy On Procedures For Revising Policies, June 2003, David Hunter

IFC E&S Performance Standards

No abstract provided.

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May 1-2, 2003, Cao. Advisory Role Activities. Background Note For Reference Group., Cao May 2003

May 1-2, 2003, Cao. Advisory Role Activities. Background Note For Reference Group., Cao

CAO General 1999-Present

No abstract provided.

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May 1-2, 2003, Cao. Human Rights Context. Background Note For Reference Group., Cao May 2003

May 1-2, 2003, Cao. Human Rights Context. Background Note For Reference Group., Cao

CAO General 1999-Present

No abstract provided.

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May 1-2, 2003, Cao. Powerpoint Presentations On Cao Activities To Reference Group. Compliance Audit Role, Cao May 2003

May 1-2, 2003, Cao. Powerpoint Presentations On Cao Activities To Reference Group. Compliance Audit Role, Cao

CAO General 1999-Present

No abstract provided.

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May 1-2, 2003, Cao. The Cao Website. Background Note For Reference Group., Cao May 2003

May 1-2, 2003, Cao. The Cao Website. Background Note For Reference Group., Cao

CAO General 1999-Present

No abstract provided.

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May 1-2, 2003, Cao. Activities Under The Ombudsman Role. Background Note For Reference Group, Cao May 2003

May 1-2, 2003, Cao. Activities Under The Ombudsman Role. Background Note For Reference Group, Cao

CAO General 1999-Present

No abstract provided.

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May 1-2, 2003, Cao. External Review. Background Note For Reference Group., Cao May 2003

May 1-2, 2003, Cao. External Review. Background Note For Reference Group., Cao

CAO General 1999-Present

No abstract provided.

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May 1-2, 2003, Cao. Strategic Planning Process. Background Note For Reference Group., Cao May 2003

May 1-2, 2003, Cao. Strategic Planning Process. Background Note For Reference Group., Cao

CAO General 1999-Present

No abstract provided.

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April 18, 2003, Cao. Ltr From M. Taylor To Reference Group Re Annual Mtg., Meg Taylor Apr 2003

April 18, 2003, Cao. Ltr From M. Taylor To Reference Group Re Annual Mtg., Meg Taylor

CAO General 1999-Present

No abstract provided.

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M. Cochester, Fpp, An Ngo Guide Toworld Bank's New Forests Policy, April 2003, Ifc Apr 2003

M. Cochester, Fpp, An Ngo Guide Toworld Bank's New Forests Policy, April 2003, Ifc

IFC E&S Performance Standards

No abstract provided.

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