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Legal Ethics and Professional Responsibility Commons™

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2001

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Institution
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Articles 61 - 90 of 148

Full-Text Articles in Legal Ethics and Professional Responsibility

Recent Case: United States V. Hayes, 227 F.3d 578 (6th Cir. 2000), Emily Gold Waldman Jan 2001

Recent Case: United States V. Hayes, 227 F.3d 578 (6th Cir. 2000), Emily Gold Waldman

Elisabeth Haub School of Law Faculty Publications

In 1996, the Supreme Court recognized the existence of a federal psychotherapist-patient privilege in Jaffee v. Redmond. The Court did not explain, however, how this evidentiary privilege should coexist with a psychotherapist's so-called Tarasoff duty to breach confidentiality when necessary to protect third parties against whom a patient has articulated serious threats. Jaffee included a footnote indicating that the privilege was not intended to invalidate this duty, but left unclear whether the privilege continues once disclosure of the patient's threats has breached confidentiality. Indeed, the two circuits that have considered this issue since Jaffee have adopted divergent approaches. The Tenth …

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Transnational Bribery: The Big Questions, Steven R. Salbu Jan 2001

Transnational Bribery: The Big Questions, Steven R. Salbu

Northwestern Journal of International Law & Business

During the past few years, I have written extensively on the subject of transnational bribery. My articles have examined several aspects of this serious problem,' including the Foreign Corrupt Practices Act ("FCPA"), 2 re-cent multilateral global conventions to fight bribery,3 and the comparative costs and benefits of legislative versus systemic or institutional forms of change.4 This body of work also has addressed some of the problems that can accompany aggressive legal remedies, such as potential cultural imperialism5 and global discord.6 This examination has been rewarding, and it has spurred a rich exchange with a number of very talented scholars, as …

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Getting From Salbu To The Tipping Point: The Role Of Corporate Action Within A Portfolio Of Anti-Corruption Strategies, Thomas W. Dunfee, David Hess Jan 2001

Getting From Salbu To The Tipping Point: The Role Of Corporate Action Within A Portfolio Of Anti-Corruption Strategies, Thomas W. Dunfee, David Hess

Northwestern Journal of International Law & Business

Salbu's "big questions" identify core issues for scholars on bribery and corruption. Salbu asks: (1) when may it be ethical to pay a bribe, (2) whether the Foreign Corrupt Practices Act's ("FCPA") provisions on "routine government action" permit us to distinguish between appropriate and inappropriate facilitative payments, (3) whether non-governmental organizations ("NGOs") should supplant the role of governments in fighting corruption, and (4) whether corporate principles can have an impact in the fight against corruption. Our focus is primarily on the latter question, but encompasses all of them. Implicit in Salbu's list is the question of whether a single magic …

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Race Prosecutors, Race Defenders, Anthony V. Alfieri Jan 2001

Race Prosecutors, Race Defenders, Anthony V. Alfieri

Articles

No abstract provided.

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First Panel: The Law Schools' Reponse To Professionalism Issues, Jack L. Sammons (Presenter), Anthony V. Alfieri (Presenter), Nathan Crystal (Responder), Richard E. Carter (Responder), The Honorable Roger K. Warren (Responder), Caroline R. Heil (Responder) Jan 2001

First Panel: The Law Schools' Reponse To Professionalism Issues, Jack L. Sammons (Presenter), Anthony V. Alfieri (Presenter), Nathan Crystal (Responder), Richard E. Carter (Responder), The Honorable Roger K. Warren (Responder), Caroline R. Heil (Responder)

Articles

No abstract provided.

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Lawyers, Jails, And The Law’S Fake Bargains, Michael E. Tigar Jan 2001

Lawyers, Jails, And The Law’S Fake Bargains, Michael E. Tigar

Faculty Scholarship

No abstract provided.

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Expression And Appearance: A Comment On Hellman, Matthew D. Adler Jan 2001

Expression And Appearance: A Comment On Hellman, Matthew D. Adler

Faculty Scholarship

Response to, Deborah Hellman, Judging by Appearances: Professional Ethics, Expressive Government, and the Moral Significance of How Things Seem, 60 Maryland Law Review 653 (2001).

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Recalling Atticus Finch: Conversations With Practicing Lawyers, Deborah A. Schmedemann Jan 2001

Recalling Atticus Finch: Conversations With Practicing Lawyers, Deborah A. Schmedemann

Faculty Scholarship

This article discusses the skills, values, and attitudes that are key to practicing law. Input from practicing attorneys shows that while some traits are essential for all practice areas, other traits are specifically necessary for certain types of attorneys.

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Reinventing The Deal: A Sequential Approach To Analyzing Claims For Enforcement Of Modified Sales Contracts, Irma S. Russell Jan 2001

Reinventing The Deal: A Sequential Approach To Analyzing Claims For Enforcement Of Modified Sales Contracts, Irma S. Russell

Faculty Works

This article explores the legal and economic complexities surrounding the enforcement of modified sales contracts under Section 2-209 of the Uniform Commercial Code (UCC). While contract modification allows parties to adapt agreements to changing circumstances, courts have struggled with the absence of a consistent standard for determining when such modifications should be enforced. The discussion critiques the ambiguity of the UCC’s “good faith” requirement and the unpredictability it creates in judicial decision-making. To address these issues, the article proposes a “sequential approach” that examines each stage of the modification process, requiring the initiating party to demonstrate reasonable grounds for seeking …

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Law Professors As Lawyers: Consultants, Of Counsel, And The Ethics Of Self-Flagellation, Rory K. Little Jan 2001

Law Professors As Lawyers: Consultants, Of Counsel, And The Ethics Of Self-Flagellation, Rory K. Little

Faculty Scholarship

No abstract provided.

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Lawyers' Ethical Dilemmas: A "Normal" Relationship When Representing Demented Clients And Their Families, Robert B. Fleming, Rebecca C. Morgan Jan 2001

Lawyers' Ethical Dilemmas: A "Normal" Relationship When Representing Demented Clients And Their Families, Robert B. Fleming, Rebecca C. Morgan

Georgia Law Review

The Anglo-American legal system, based as it is on an adversary system of justice, assumes that two or more legal combatants, capably arguing their respective positions, can best ensure that the correct answer will become apparent to a neutral decisionmaker, the judge. The system assumes competent parties with adept legal representation, presenting their respective sides of the case with little involvement by the judge. This ideal can be difficult, even impossible, to reach when one party is demented.' Indeed, in such a case the problem with this traditional legal model is even deeper-there may be no clear adversarial distinction between …

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Freedom Fading: On Dementia, Best Interests, And Public Safety, Bruce Jennings Jan 2001

Freedom Fading: On Dementia, Best Interests, And Public Safety, Bruce Jennings

Georgia Law Review

Having Alzheimer's Disease does not make a person evil, but it does sometimes cause behavior that poses a danger to the person with dementia or to others. On what grounds can we justify overriding and restricting the liberty of a person with dementia? How far should such restrictions go? Who should authorize them and who should carry them out, and under what theory? Given that all behavior carries some degree of risk, what level of risk is acceptable? What should society tolerate as a part of the back- ground conditions within which most people conduct their lives? To what level …

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Predictive Genetic Testing For Alzheimer's Disease In Long-Term Care Insurance, Mark A. Rothstein Jan 2001

Predictive Genetic Testing For Alzheimer's Disease In Long-Term Care Insurance, Mark A. Rothstein

Georgia Law Review

The promise of new genetic research is the ability to prevent, treat, and cure a wide range of physical and mental disorders-both monogenic and complex disorders. While astonishing progress has been made in gene discovery and the development of genetic tests, progress has been much slower in developing medicalinterventions. Consequently, there is likely to be a gap of varying and indetermi- nate time-lasting years or decades-between the ability to identify and predict genetic risk and the ability to prevent, treat, or cure the condition. The gap between the ability to predict genetic risk and the ability to ameliorate the risk …

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Moral Pluck: Legal Ethics In Popular Culture, William H. Simon Jan 2001

Moral Pluck: Legal Ethics In Popular Culture, William H. Simon

Faculty Scholarship

Favorable portrayals of lawyers in popular culture tend to adopt a distinctive ethical perspective. This perspective departs radically from the premises of the "Conformist Moralism" exemplified by the official ethics of the American bar and the arguments of the proponents of President Clinton's impeachment. While Conformist Moralism is strongly authoritarian and categorical, popular culture exalts a quality that might be called "Moral Pluck " – a combination of resourcefulness and transgression in the service of basic but informal values. This Essay traces the theme of Moral Pluck through three of the most prominent fictional portrayals of lawyers in recent years …

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Litigating Ethics Issues In Land Use: 2000 Trends And Decisions, Patricia E. Salkin Jan 2001

Litigating Ethics Issues In Land Use: 2000 Trends And Decisions, Patricia E. Salkin

Scholarly Works

No abstract provided.

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Preliminary Reflections On The Professional Development Of Solo And Small Law Firm Practitioners, Leslie Levin Jan 2001

Preliminary Reflections On The Professional Development Of Solo And Small Law Firm Practitioners, Leslie Levin

Faculty Articles and Papers

Solo and small law firm practitioners have long been regarded as marginal, unmentored, unethical and inadequately trained members of the legal profession. Yet technological advances and demographic changes in this segment of the bar suggest reasons for re-examining this view. In an effort to gain a clearer understanding of the current state of the professional development of these lawyers, 41 solo and small firm practitioners in the New York City metropolitan area were interviewed about their work lives and professional development. The questions posed were designed to explore how, if at all, office settings, mentors and other colleagues contribute to …

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The Prosecutor's Duty To Truth, Bennett L. Gershman Jan 2001

The Prosecutor's Duty To Truth, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Part I of this Article discusses the prosecutor's duty to refrain from conduct that impedes the search for truth. A prosecutor may impede the truth-finding process in several ways: (1) distorting the truth by attacking the defendant's character, misleading and misrepresenting facts, and engaging in inflammatory conduct; (2) subverting the truth by making false statements and presenting false evidence; (3) suppressing the truth by failing to disclose potentially truth-enhancing evidence or obstructing defense access to potentially truth-enhancing evidence; and (4) other truth-disserving conduct that exploits defense counsel's misconduct and mistakes and prevents introduction of potentially truth-serving defenses. Part I also …

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Deja Vu All Over Again, Gary A. Munneke Jan 2001

Deja Vu All Over Again, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

Why talk about the future at all? As a professor I am a student of change. But do forecasts about the future matter to the average practitioner. My answer is a resounding YES! To understand my attitude, it's important to look at the work of the Futurist Committee of the ABA Law Practice Management Section.

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Legal Skills For A Transforming Profession, Gary A. Munneke Jan 2001

Legal Skills For A Transforming Profession, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

The legal profession is undergoing dramatic changes that will drive a reformation in legal education. Legal educators must anticipate these changes to effectively prepare students for the practice of law in the twenty-first century. In order to be proficient practitioners, these students will require an expanded set of professional skills. Although the current legal skills paradigm was articulated by the American Bar Association MacCrate Task Force in 1991, it is time to reexamine legal skills with an eye toward preparing students to practice law in the new millennium. In Section II, this article examines trends in modern society and the …

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Vultures And Lambs: A Journey Through Protective Services For The Texas Elderly., Christopher J. Pettit Jan 2001

Vultures And Lambs: A Journey Through Protective Services For The Texas Elderly., Christopher J. Pettit

St. Mary's Law Journal

The Texas system leaves the elderly and disabled vulnerable to financial vultures. Despite guardianship and pre-planning processes meant to empower elderly and disabled Texans to choose who shall manage their affairs, the Texas system may give a financial vulture access to the elderly or disabled’s accounts. Texas agencies such as Adult Protective Services’ purpose is to stop the abuse of the elderly, however, the agency is sometimes used as a tool to circumvent the stated wishes of an elderly person. For example, a person seeking to exploit an elderly person may do so by simply filing charges with Adult Protective …

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"On The Make": Campaign Funding And The Corrupting Of The American Judiciary, David R. Barnhizer Jan 2001

"On The Make": Campaign Funding And The Corrupting Of The American Judiciary, David R. Barnhizer

Law Faculty Articles and Essays

The thesis offered here is that the cost of judicial campaigns has reached a level where both candidates and sitting judges are shaping their behavior to attract financial and other support. This not only results in distortion of judicial selection by repelling meritorious potential candidates who are unwilling to compromise their principles, but in the capture of judges by special interests willing to finance judicial campaigns. Some argue that the great increase in contributions to judicial candidates simply means that contributors are giving to candidates they feel certain will support their positions. To some extent this is certainly true. But …

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Bringing Ohio's Legal Ethics Into The 21st Century, Lloyd B. Snyder Jan 2001

Bringing Ohio's Legal Ethics Into The 21st Century, Lloyd B. Snyder

Law Faculty Articles and Essays

The time has come for Ohio to replace the Code of Professional Responsibility with a set of standards based on the Model Rules of Professional Conduct. The author offers seven reasons for doing so.

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The Intersection Of Law And Medicine Legal Ethics In Medicine: Foreword, Kathy L. Cerminara Jan 2001

The Intersection Of Law And Medicine Legal Ethics In Medicine: Foreword, Kathy L. Cerminara

St. Thomas Law Review

Foreword: The Intersection of Law and Medicine by Kathy L. Cerminara.

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Ethics, Ethnicity, And Dementia: A "Culture-Fair" Approach To Bioethical Advocacy In Dementing Illness, Ramon Valle Jan 2001

Ethics, Ethnicity, And Dementia: A "Culture-Fair" Approach To Bioethical Advocacy In Dementing Illness, Ramon Valle

Georgia Law Review

The aims of this discussion are to twofold. The first is to apply what Post et al. term a cultural lens to bioethical decisionmaking processes in dementing illness.' The second is to assist the ethical advocate to develop a cultural analysis strategy for application of ethical decisionmaking processes within ethnically diverse populations. An assumption made here is that, as human inventions, ethical systems are an extension of culture, taking their imprint from the ethnocultural systems from which they emerge.' It is true that ethical systems and their principles can be widely shared across cultures. Modern bioethics, as promulgated within the …

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Book Review. Cyberethics: Morality And Law In Cyberspace By R. A. Spinello, Elizabeth Larson Goldberg Jan 2001

Book Review. Cyberethics: Morality And Law In Cyberspace By R. A. Spinello, Elizabeth Larson Goldberg

Articles by Maurer Faculty

No abstract provided.

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Bar Association Ethics Committees: Are They Broken Conference On Legal Ethics: What Needs Fixing, Bruce A. Green Jan 2001

Bar Association Ethics Committees: Are They Broken Conference On Legal Ethics: What Needs Fixing, Bruce A. Green

Faculty Scholarship

This Article explores the work of bar association ethics committees. These are committees established by bar associations to give advice to lawyers about how to comply with the applicable rules of professional conduct. My question is, are these committees broken? Over the past two decades, several legal academics have concluded that they are. At its harshest, the critique is that ethics committees, typified by the American Bar Association's ("ABA") ethics committee, publish opinions that respond to trivial questions by providing poorly reasoned answers on which nobody can or does rely, and that the reason that the committees' opinions are inadequate …

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Reflections On The Ethics Of Legal Academics: Law Schools As Mdps; Or, Should Law Professors Practice What They Teach Symposium: Ethics Of Law Professors, Bruce A. Green Jan 2001

Reflections On The Ethics Of Legal Academics: Law Schools As Mdps; Or, Should Law Professors Practice What They Teach Symposium: Ethics Of Law Professors, Bruce A. Green

Faculty Scholarship

[A member of the House of Commons said in Samuel Johnson's presence] that he paid no regard to the arguments of counsel at the bar of the House of Commons, because they were paid for speaking. JOHNSON. 'Nay, Sir, argument is argument. You cannot help paying regard to their arguments, if they are good, If it were testimony, you might disregard it, if you knew that it were purchased. There is a beautiful image in Bacon upon this subject: testimony is like an arrow shot from a long bow; the force of it depends on the hand that draws it. …

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Just Being A Lawyer: Reflections On The Legal Ethics Of A President Under Impeachment, John A. Humbach Jan 2001

Just Being A Lawyer: Reflections On The Legal Ethics Of A President Under Impeachment, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

The core vice that Posner finds in Clinton’s efforts to contain the truth of the Lewinsky affair is very similar to a fault the public perceives in the behavior of lawyers generally. Namely, lawyers often try to obscure or distract from factual truth order to prevent the law from applying as intended. Most of this avoidance behavior is technically lawful because, for pragmatic reasons, allowances for such avoidance have been deliberately built into the criminal laws against perjury, obstruction of justice and the like. These allowances are a compromise that the law makes with morals so its criminal prohibitions will …

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Presidential Ethics: Should A Law Degree Make A Difference?, Nancy B. Rapoport Jan 2001

Presidential Ethics: Should A Law Degree Make A Difference?, Nancy B. Rapoport

Scholarly Works

Two of the nation's most controversial presidents, Nixon and Clinton, were both lawyers, and both of them had ethics-related problems while in office. This essay reviews whether any model ethics rules force lawyer-presidents to behave at a higher standard than non-lawyer-presidents; then it discusses the implications for legal education if we really do want lawyers to go above and beyond the norm of behavior.

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The Prudent Prosecutor, Leslie C. Griffin Jan 2001

The Prudent Prosecutor, Leslie C. Griffin

Scholarly Works

No abstract provided.

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