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Legal Ethics and Professional Responsibility Commons

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Pepperdine University

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Articles 31 - 60 of 132

Full-Text Articles in Legal Ethics and Professional Responsibility

Judicial Independence Under Siege, Wendell Fennell, Fred Young Apr 2013

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 Apr 2013

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 Apr 2013

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 Apr 2013

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 Apr 2013

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 Apr 2013

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 Apr 2013

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 Attorney-Client Privilege, Thomas E. Spahn Apr 2013

The Attorney-Client Privilege, Thomas E. Spahn

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 Apr 2013

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.


Public Access To Physician And Attorney Disciplinary Proceedings, Michael Spake Apr 2013

Public Access To Physician And Attorney Disciplinary Proceedings, Michael Spake

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 Apr 2013

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.


Influencing Nih Policy Over Embryonic Stem-Cell Research: An Administrative Tug-Of-War Between Congress And The President, Scott Davison Apr 2013

Influencing Nih Policy Over Embryonic Stem-Cell Research: An Administrative Tug-Of-War Between Congress And The President, Scott Davison

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


What Gets Judges In Trouble, Richard H. Underwood Apr 2013

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 Apr 2013

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 Apr 2013

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.


Crisis On The Immigration Bench: An Ethical Perspective, Michele Benedetto Apr 2013

Crisis On The Immigration Bench: An Ethical Perspective, Michele Benedetto

Journal of the National Association of Administrative Law Judiciary

The troubled status of the immigration court system has garnered much attention from scholars, appellate judges, and even the United States Attorney General. This article suggests a new lens through which to examine the acknowledged crisis in immigration courts: judicial ethics. Because the term judicial ethics encompasses a broad array of principles, the article narrows its focus to bias and incompetence on the part of immigration judges in the courtroom. Immigration judges operate as a unique judiciary under the Executive Branch of government. An examination of the modern immigration court system, including inadequate disciplinary procedures for immigration judges, reveals that …


"Good Moral Character" As A Licensing Standard, Larry Craddock Apr 2013

"Good Moral Character" As A Licensing Standard, Larry Craddock

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Attorney As Advocate And Witness: Does The Prohibition Of An Attorney Acting As Advocate And Witness At A Judicial Trial Also Apply In Administrative Adjudications?, Arnold Rochvarg Apr 2013

The Attorney As Advocate And Witness: Does The Prohibition Of An Attorney Acting As Advocate And Witness At A Judicial Trial Also Apply In Administrative Adjudications?, Arnold Rochvarg

Journal of the National Association of Administrative Law Judiciary

It is generally accepted that an attorney who is representing a client at a judicial trial is not permitted to also be a witness at the same trial. This prohibition on an attorney acting as both an advocate and a witness at a trial appears in every state's rules of professional conduct. This rule, often referred to as the “lawyer as witness” rule, has application in attorney disciplinary proceedings, rulings on the admissibility of evidence, motions seeking disqualification of an attorney who intends to testify, legal malpractice cases, and petitions for the award of attorney's fees. The lawyer as witness …


Chasing The Atticus Code - Preserving Adjudication Integrity In Local Administrative Hearings , Michael N. Widener Mar 2013

Chasing The Atticus Code - Preserving Adjudication Integrity In Local Administrative Hearings , Michael N. Widener

Journal of the National Association of Administrative Law Judiciary

In the United States administrative law realm, there purportedly exist more than 19 thousand municipal governments, 16 thousand town or township governments; three thousand county governments, 13 thousand school districts and 35 thousand special district governments. This essay argues that these local adjudicative loci largely neglect the ethical guidance or direction of lawyers serving in government-official capacities without holding elected nor judicial positions. I dub these decision-makers “Atticus.” Citizens support the notion of external codes of professional responsibility for such persons not necessarily because they believe that “lawyering rules” are well constructed or property enforced, but because they doubt lawyers …


Closing An Administrative Loophole: Ethics For The Administrative Judiciary, Diana Gillis Mar 2013

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

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Legal Education: Rethinking The Problem, Reimagining The Reforms, Deborah L. Rhode Feb 2013

Legal Education: Rethinking The Problem, Reimagining The Reforms, Deborah L. Rhode

Pepperdine Law Review

Whether or not law schools are in a crisis, it is certainly true that legal education currently faces a number of significant challenges. The fundamental problem is a lack of consensus over what the problem is. Legal educators and regulators are developing well-intended but inadequate responses to the symptoms, not the causes of law school woes. In addition to identifying the problem, this Article discusses potential reforms. Financial issues represent a significant source of much of the current criticisms face by law schools today. Tuition rates have increased at a pace far outstripping the steep hikes seen at universities as …


Louis D. Brandeis And The Lawyer Advocacy System, Robert F. Cochran Jr. Feb 2013

Louis D. Brandeis And The Lawyer Advocacy System, Robert F. Cochran Jr.

Pepperdine Law Review

The law practice of Louis Brandeis serves as an appropriate vehicle for examining both the history of the legal profession in the United States and the role of lawyers as philanthropists. Brandeis was one of America's most successful and innovative lawyers at the turn of the twentieth century, and serves as a role model for lawyers in his dedication to public service. Brandeis, of course, is best known for his work as a Justice on the United States Supreme Court; however, he is less well known for his work as a lawyer-though he practiced law for 40 years before he …


How To Make Rules For Lawyers: The Professional Responsibility Of The Legal Profession, Stephen Gillers Feb 2013

How To Make Rules For Lawyers: The Professional Responsibility Of The Legal Profession, Stephen Gillers

Pepperdine Law Review

When considering the professional responsibilities of American lawyers, two questions often arise: (1) whether a particular rule strikes the right balance among the multiple interests it purports to reconcile and (2) whether in a particular circumstance a lawyer's or law firm's behavior complied with the governing rules. This article explores a third question. What is the responsibility of the profession itself when, through its various institutions and especially bar associations, it asks courts, lawmakers, or agencies to adopt particular rules governing the conduct of lawyers? Rather than exploring the discussing the conduct of individual lawyers or the correctness of any …


The Lawyer Of The Future, Deanell Reece Tacha Feb 2013

The Lawyer Of The Future, Deanell Reece Tacha

Pepperdine Law Review

This piece introduces the Pepperdine Law Review symposium issue for Volume 40, publishing articles derived from the April 20, 2012 The Lawyer of the Future: Exploring the Impact of Past and Present Lawyers and the Lessons They Provide for Future Generations symposium, which explored the role of the lawyer in American society-past, present, and future.


People V. Perez - Misapplication Of The Right To Counsel, William A. Roberts, Greg F. Janson Feb 2013

People V. Perez - Misapplication Of The Right To Counsel, William A. Roberts, Greg F. Janson

Pepperdine Law Review

No abstract provided.


The Case For "Higher Law", John Warwick Montgomery Feb 2013

The Case For "Higher Law", John Warwick Montgomery

Pepperdine Law Review

No abstract provided.


Bauguess V. Paine: The Denial Of The Attorney Fee Sanction At The (Mis)Trial Stage, Steven D. Campen Feb 2013

Bauguess V. Paine: The Denial Of The Attorney Fee Sanction At The (Mis)Trial Stage, Steven D. Campen

Pepperdine Law Review

No abstract provided.


Gibson, Dunn & Crutcher V. Superior Court: The Attorney's Right To Cross-Complain For Equitable Indemnification From An Opposing Attorney, Joseph E. Thomas Feb 2013

Gibson, Dunn & Crutcher V. Superior Court: The Attorney's Right To Cross-Complain For Equitable Indemnification From An Opposing Attorney, Joseph E. Thomas

Pepperdine Law Review

No abstract provided.


Evaluation Of Judicial Performance: A Tool For Self-Improvement, Richard L. Aynes Feb 2013

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 …


A Constitutional Determination Of The Duty Of Court-Appointed Appellate Counsel: An Analysis Of Jones V. Barnes , Catherine D. Purcell Feb 2013

A Constitutional Determination Of The Duty Of Court-Appointed Appellate Counsel: An Analysis Of Jones V. Barnes , Catherine D. Purcell

Pepperdine Law Review

No abstract provided.