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Legal Ethics and Professional Responsibility Commons™
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Articles 1381 - 1410 of 1990
Full-Text Articles in Legal Ethics and Professional Responsibility
Sept. 1999, Draft, Measures For Success For Roundtable., Cao
Sept. 1999, Draft, Measures For Success For Roundtable., Cao
CAO General 1999-Present
No abstract provided.
Sept. 1999, Participants, Mtg On Developing Proc's To The Cao, Cao
Sept. 1999, Participants, Mtg On Developing Proc's To The Cao, Cao
CAO General 1999-Present
No abstract provided.
Jul. 8, 1999, Harmful Child Labor Interim Guidance, Ifc
Jul. 8, 1999, Harmful Child Labor Interim Guidance, Ifc
IFC E&S Performance Standards
No abstract provided.
March. 23.1999, Letter From R. Caines To D. Hunter, Participation In Ifc Envt Retreat, Richard Caines
March. 23.1999, Letter From R. Caines To D. Hunter, Participation In Ifc Envt Retreat, Richard Caines
CAO General 1999-Present
No abstract provided.
Loss Of Earning Capcity Benefits In The Community Property Jurisdiction - How Do You Figure., Aloysius A. Leopold
Loss Of Earning Capcity Benefits In The Community Property Jurisdiction - How Do You Figure., Aloysius A. Leopold
St. Mary's Law Journal
In the interest of uniformity, benefits for the loss of earning capacity should be subject to the same legal principle when determining marital property rights, regardless of the context in which those rights arise. However, courts throughout the United States have relied upon four different methods to determine title to loss of earning capacity benefits upon divorce. These approaches include the unitary approach, the analytic approach, the mechanistic approach, and the case-by-case approach. Because the determination of title to benefits varies tremendously, the need for certainty in this area of the law is necessary particularly in light of the Texas …
Law Day 2050: Post-Professinalism, Moral Leadership, And The Law-As-Business Paradigm Symposium, Russell G. Pearce
Law Day 2050: Post-Professinalism, Moral Leadership, And The Law-As-Business Paradigm Symposium, Russell G. Pearce
Faculty Scholarship
Inspired by Ted Schneyer's future history of professional discipline' and Bob Gordon's descrption of "the hazy aspirational world" of the "Law Day Sermon,' I offer a vision of the legal profession 'a next fifty years in the form of a Law Day speech from the year 2050. Looking back on developments in the first half of the twenty-first century, this piece explores the implications of the analysis proposed in my earlier article, The Professionalism Paradigm Shift: Why Discarding Professional Ideology Will Improve the Conduct and Reputation of the Bar. The speech presents a projection of the moral leadership the bar …
1999 (Undated), Ifc, Historical Summary Leading To Cao, Annex A, Cao
1999 (Undated), Ifc, Historical Summary Leading To Cao, Annex A, Cao
CAO General 1999-Present
No abstract provided.
Cautionary Tale From The Multidisciplinary Practice Debate: How The Traditionalists Lost Professionalism, A The Phyllis W. Beck Chair In Law Symposium: New Roles, No Rules - Redefining Lawyers' Work - Redefining Lawyers' Work: Multidisciplinary Practice, Russell G. Pearce, Amelia J. Uelmen:
Cautionary Tale From The Multidisciplinary Practice Debate: How The Traditionalists Lost Professionalism, A The Phyllis W. Beck Chair In Law Symposium: New Roles, No Rules - Redefining Lawyers' Work - Redefining Lawyers' Work: Multidisciplinary Practice, Russell G. Pearce, Amelia J. Uelmen:
Faculty Scholarship
The author presents a fictional conversation among Lawrence J. Fox, other noted legal scholars, and himself concerning the ethics and changes in the legal profession.
Texas Rule Of Evidence 503: Defining Scope Of Employment For Corporations Comment., Craig W. Saunders
Texas Rule Of Evidence 503: Defining Scope Of Employment For Corporations Comment., Craig W. Saunders
St. Mary's Law Journal
The attorney-corporate client privilege should be regarded as encompassing only communications made to the corporation’s counsel by employees in the scope of their employment. The Supreme Court of Texas and the Texas Court of Criminal Appeals ordered the merger of the Civil and Criminal Rules of Evidence. The merger became effective on March 1, 1998 and is now known as the Texas Rules of Evidence. Although the civil and criminal rules often mirror each other, one monumental change is in the new version of Rule 503. This new version significantly alters the analysis used in a corporate context and determines …
Lies And Law, Robert F. Nagel
The Constitution And Reconstitution Of The Standing Doctrine Comment., Laveta Casdorph
The Constitution And Reconstitution Of The Standing Doctrine Comment., Laveta Casdorph
St. Mary's Law Journal
The most effective response to the U.S. Supreme Court’s construction of Article III standards will be to revise citizen suit statutes to reaffirm its important role in giving the injured citizen a voice against the administrative state. With the rise of the administrative state in the late 1930s and 40s, the Court developed a conservative doctrine of standing to protect New Deal legislation from court-based attacks. As individual constitutional rights expanded, standing rules were liberalized, allowing litigants to challenge the actions and decisions of administrative agencies more easily. Congress passed numerous environmental statutes containing “citizen suit” provisions in the 1960s …
Information/Consent/Authorization For Minors' Participation In Research, Jocelyn Downie
Information/Consent/Authorization For Minors' Participation In Research, Jocelyn Downie
Articles, Book Chapters, & Popular Press
Following the workshop described in the previous article "Children and Decision-Making in Health Research," I decided to "operationalize" the approach taken to the issue of minors and consent/authorization. What follows is a proposed set of instructions for investigators that could be provided by REBs to investigators to facilitate the process of applying for ethical approval for research involving minors and to ensure respect for minors who are participating in research.
Dead Man Talking: Competing Narratives And Effective Representation In Capital Cases Essay., Jeffrey J. Pokorak
Dead Man Talking: Competing Narratives And Effective Representation In Capital Cases Essay., Jeffrey J. Pokorak
St. Mary's Law Journal
As Karl Hammond’s case indicates, to serve justice, balance between the Kill Story and Human Story is necessary in a capital trial. This Essay seeks, through deconstruction of Karl Hammond’s case, to identify and illustrate the values of telling these combating stories. Part III describes the Kill Story and the Human Story in Karl’s case from the record of his trial, appeals, and petitions. Part III also demonstrates how the failure to tell one side of the story in either the guilt-innocence phase or the punishment phase can have a prejudicial effect on the jury’s decision. Part IV then discusses …
The Lautenberg Amendment: Congress Hit The Mark By Banning Firearms From Domestic Violence Offenders Comment., Polly Mccann Pruneda
The Lautenberg Amendment: Congress Hit The Mark By Banning Firearms From Domestic Violence Offenders Comment., Polly Mccann Pruneda
St. Mary's Law Journal
Immediate action is critical to preserve the goals of the Lautenberg Amendment to protect victims of domestic violence from future abuse and their abusers. Incidents of gun-related domestic violence are not uncommon in the United States. Statistics show that domestic violence takes one life every three days and the combination of guns and domestic violence cause more deaths than incidents which are not associated with guns. In 1996, Congress attempted to find a solution to this problem. The Lautenberg Amendment, enacted pursuant to Congress’ Commerce Clause power, seeks to protect individuals from gun related injury or death occurring within domestic …
The Zealous Advocacy Of Justice In A Less Than Ideal Legal World, Robin West
The Zealous Advocacy Of Justice In A Less Than Ideal Legal World, Robin West
Georgetown Law Faculty Publications and Other Works
In The Practice of Justice, William Simon addresses a widely recognized dilemma -- the moral degradation of the legal profession that seems to be the unpleasant by-product of an adversarial system of resolving disputes -- with a bold claim: Lawyers involved in either the representation of private rights or the public interest should be zealous advocates of justice, rather than their clients' interests. If lawyers were to do what this reorientation of their basic identity would dictate -- that is, if lawyers were to zealously pursue justice according to law, rather than zealously pursue through all marginally lawful means whatever …
Beyond Black And White: Selected Writings By Asian Americans Within The Critical Race Theory Movement Perspective., Harvey Gee
St. Mary's Law Journal
A new generation of progressive intellectuals has evolved, attempting to transform the manner in which law, race, and racial power are understood and discussed in America. The latter half of the twentieth century proved to be a time of profound demographic changes. Racial and political reform policies of the post-modern Civil Rights Movement failed to fully respond to these dramatic social changes. A theory was created to address social racism because the “color-blind” model posited by the Supreme Court of the United States perpetuated racism by supporting the existing hierarchy. Critical Race Theory attempts to tackle these dramatic social changes …
Splitting The Atom Or Splitting Hairs - The Hate Crimes Prevention Act Of 1999 Note., Andrew M. Gilbert, Eric D. Marchand
Splitting The Atom Or Splitting Hairs - The Hate Crimes Prevention Act Of 1999 Note., Andrew M. Gilbert, Eric D. Marchand
St. Mary's Law Journal
Problems of bias-motivated violence plague our nation and threaten to erase the progress made during the civil rights era. Recent statistical surveys conducted by the Federal Bureau of Investigation (FBI) indicate the number of hate crimes has generally increased over the past few years. In 1996, over 11,000 individuals were victims of hate crimes—five percent more than reported the previous year. Hate crimes are not only injurious to the individual victim, but also fracture surrounding communities and create disharmony among citizens. As a result, some states implemented legislation in the 1980s to deter hate-motived crimes and a few states have …
America's Preoccupation With Ethics In Government Essay., Vincent R. Johnson
America's Preoccupation With Ethics In Government Essay., Vincent R. Johnson
St. Mary's Law Journal
Many Americans today expect that the law can, should, and will be used to ensure a level playing field in public life. Americans expect the law to eliminate, insofar as possible, any unfair advantage that might be gained through the use of special connections to those who exercise the power of government. There are numerous rules applicable to judges, lawyers, and public officials that each seek to promote equal treatment for all persons by limiting the ability of persons to use special connections and privileged relationships to gain an advantage in public affairs. There were two threads of development in …
Resolving The Mult-Fractional Deed Dilemma - Conc.Ord Oil Co. V. Pennzoil Exploration & (And) Production Co. Recent Development, Noelle C. Letteri
Resolving The Mult-Fractional Deed Dilemma - Conc.Ord Oil Co. V. Pennzoil Exploration & (And) Production Co. Recent Development, Noelle C. Letteri
St. Mary's Law Journal
Abstract Forthcoming.
From Little Acorns Great Oaks Grow: The Constitutionality Of Protecting Minors From Harmful Internet Material In Public Libraries Comment., Kimberly S. Keller
From Little Acorns Great Oaks Grow: The Constitutionality Of Protecting Minors From Harmful Internet Material In Public Libraries Comment., Kimberly S. Keller
St. Mary's Law Journal
Congress should focus on the receiver's end of Internet transmissions to overcome the anonymity and transmogrification elements of the Internet to protect minors from harmful material. Throughout the years, librarians have struggled with monitoring minors’ access to the accumulating number of controversial texts in the library. The Internet’s unique infrastructure affords librarians virtually no opportunity for the pre-shelf review available with books and videos. Congress enacted the Communications Decency Act (CDA) in 1996 in an attempt to protect minors from the underbelly of the internet. The United States Supreme Court, in Reno v. ACLU, struck down the CDA ruling that …
Keeping The Promise: Establishing Nontransferable Election Systems In Jurisdictions Covered By Section Four Of The Voting Rights Act., Adam J. Cohen
Keeping The Promise: Establishing Nontransferable Election Systems In Jurisdictions Covered By Section Four Of The Voting Rights Act., Adam J. Cohen
St. Mary's Law Journal
Jurisdictions covered by the Voting Rights Act (VRA or the Act) need to impose multimember districting and non-transferable election systems. The VRA was enacted in 1965 to enforce the promise of the Fifteenth Amendment to the United States Constitution: the right to vote shall not be abridged on the basis of race. The Act requires any change in election procedures to be approved in advance so that states are not able to continuously disenfranchise voters based on race by simply changing election procedures. Either the District Court for the District of Columbia or the Attorney General of the United States …
Dec. 1998, Ifc, Procedure On Envt & Social Review, Ifc
Dec. 1998, Ifc, Procedure On Envt & Social Review, Ifc
IFC E&S Performance Standards
No abstract provided.
Nov. 1998, Ifc, Pest Management, Op 4.09, Ifc
Nov. 1998, Ifc, Pest Management, Op 4.09, Ifc
IFC E&S Performance Standards
No abstract provided.
Nov. 1998, Ifc, Projects On International Waterways, Op 7.50, Ifc
Nov. 1998, Ifc, Projects On International Waterways, Op 7.50, Ifc
IFC E&S Performance Standards
No abstract provided.
Nov. 1998, Ifc, Projects On International Waterways, Op 7.50, Ifc
Nov. 1998, Ifc, Projects On International Waterways, Op 7.50, Ifc
IFC E&S Performance Standards
No abstract provided.
Nov. 1998, Ifc, Forestry, Op. Proc. 4.36, Ifc
Nov. 1998, Ifc, Forestry, Op. Proc. 4.36, Ifc
IFC E&S Performance Standards
No abstract provided.
Nov. 1998, Ifc, Natural Habitats, Op 4.04, Ifc
Nov. 1998, Ifc, Natural Habitats, Op 4.04, Ifc
IFC E&S Performance Standards
No abstract provided.
Oct. 1998, Ifc, Environmental Assessment, Op. Proc. 4.01 And Annexes, Ifc
Oct. 1998, Ifc, Environmental Assessment, Op. Proc. 4.01 And Annexes, Ifc
IFC E&S Performance Standards
No abstract provided.
Sept. 24, 1998, Initial Cao Terms Of Reference As Proposed By J. Wolfensohn W Margin Notes From D. Hunter, Cao
CAO Creation Pre-1999
At the Fall meeting in 1998, Mr. James Wolfensohn provided a draft proposed Terms of Reference for the Compliance Advisor/Ombudsman. The Board of Directors and the NGOs decided that if the proposed CAO could be made more independent and include compliance, they would not pursue the Panel concept. The Archive includes the Initial CAO ToR (Sept. 24, 1998), the Final ToR sent to applicants (Oct. 1998), the Cover Letter to the Search Committee (Dec. 1, 1998), and Talking Points about the CAO position (Sept. 1998).
Sept. 1998, Talking Points, Ifc Miga E&S Compliance Officer-Ombudsman, Sent To Candidates, Cao
Sept. 1998, Talking Points, Ifc Miga E&S Compliance Officer-Ombudsman, Sent To Candidates, Cao
CAO Creation Pre-1999
At the Fall meeting in 1998, Mr. James Wolfensohn provided a draft proposed Terms of Reference for the Compliance Advisor/Ombudsman. The Board of Directors and the NGOs decided that if the proposed CAO could be made more independent and include compliance, they would not pursue the Panel concept. The Archive includes the Initial CAO ToR (Sept. 24, 1998), the Final ToR sent to applicants (Oct. 1998), the Cover Letter to the Search Committee (Dec. 1, 1998), and Talking Points about the CAO position (Sept. 1998).