Legal Ethics and Professional Responsibility Commons^™

Mdps, Spinning, And Wouters V. Nova, Laurel S. Terry

Faculty Scholarly Works

This article is one of a series of articles by Professor Laurel Terry regarding the topic of MDPs of multidisciplinary partnerships. In February 2002, the European Court of Justice issued its opinion in Wouters v. NOVA (Case C-309/99), which addressed a Netherlands Bar rule that prohibited multidisciplinary partnerships (MDPs) between lawyers and accountants. Wouters decided: 1) that the bar was an “undertaking” that was subject to the competition (antitrust) provision in the EU Treaty; 2) that the Dutch MDP ban restricted competition and that this restriction on competition was appreciable and affected intra-community trade; 3) that the Dutch MDP ban …

Pennies From Heaven—Why Washington Legal Foundation V. Legal Foundation Of Washington Violates The U.S. Constitution, Kristi L. Darnell

Washington Law Review

In Washington Legal Foundation v. Legal Foundation of Washington, the Ninth Circuit Court of Appeals held that Washington's Interest on Lawyers' Trust Account (IOLTA) program did not perpetuate a "taking without just compensation" in violation of the Fifth Amendment. Even though the court acknowledged that IOLTA-generated interest was client property, the first element necessary to establish a taking, it reasoned that the appropriate subsequent analysis for this problem was the ad hoc test. Applying the ad hoc test to the IOLTA program, the court concluded that the requisite unconstitutional elements were absent. This Note argues that the Ninth Circuit …

Comparative Multi-Disciplinary Practice Of Law: Paths Taken And Not Taken, Charles W. Wolfram

Cornell Law Faculty Publications

It is always an interesting journey to return to one's roots, and many of the most important of my personal and professional roots are here in Cleveland, including my birth and the first twenty years of life. Subsequent wanderings have taken me far from here, but always to return. We consider here another set of journeys and pathways that are institutional, not personal. The paths traversed are both national and international, and they will take us on journeys that are far from completed. They concern the ways in which various contemporary legal cultures have so far approached the subject of …

Government Officials As Attorneys And Clients: Why Privilege The Privileged?, Melanie B. Leslie

Articles

No abstract provided.

Lawyer Disciplinary Law, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.

Practicing Law Across Geographic And Professional Borders: What Does The Future Hold?, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

A new global business reality is transforming the practice of law. Nowhere is this transformation more apparent than in the areas of multijurisdictional and multidisciplinary practice. These two trends, toward practice across jurisdictional boundaries on the one hand and across professional boundaries on the other, are engaging the attention of lawyers everywhere. Recent events involving Enron Corporation and the Arthur Andersen accounting firm have raised new questions about the efficacy of these emerging trends and remind lawyers that these issues retain their currency.

Apr. 18, 2002, Ifc And Sustainability, An Update, Ppt, Ifc

IFC E&S Performance Standards

No abstract provided.

April 10-11, 2002, Cao, Third Annual Reference Group Meeting, Agenda And Background Updates Of Cao Activities, Cao

CAO General 1999-Present

No abstract provided.

April 10. 2002, Letter From E. Etelson, Project Underground Staff Attorney To M. Taylor, Cao, Re Yanacocha Case, Erica Etelson

CAO General 1999-Present

No abstract provided.

April 9, 2022, Email From G. Saul Forwarding Sbc Observations About Cao, Ifc & Miga, Graham Saul

CAO General 1999-Present

No abstract provided.

Teaching Research Ethics: An Institutional Change Model, Michael Pritchard

Center for the Study of Ethics in Society Papers

Paper presented to the center, April 2002.

Toward An Ethical School, Stephan Millett

Center for the Study of Ethics in Society Papers

Paper presented for the Center of the Study of Ethics in Society Western Michigan University, January 22, 2002.

Research Ethics, Wmu Center For The Study Of Ethics In Society

Center for the Study of Ethics in Society Papers

Papers published by the center, April 2002.

Changing The Culture Of Science: Teaching Research Ethics To Graduate Students And Post-Doctoral Fellows, Brian Schrag

Center for the Study of Ethics in Society Papers

Paper presented for the Center of the Study of Ethics in Society Western Michigan University, October 11, 2001.

Investigating The Special: The Symbolic Function Of The Independent Counsel, Judith Roof

Indiana Law Journal

Symposium on "Law, Morality, and Popular Culture in the Public Sphere" at the Indiana University School of Law-Bloomington, April 6, 2001.

Legislating Apology: The Pros And Cons, Jonathan R. Cohen

UF Law Faculty Publications

Should apologies be admissible into evidence as proof of fault in civil cases? While this question is a simple one, its potential ramifications are great, and legislative and scholarly interest in the admissibility of apologies has exploded. Shortly after the idea of excluding apologies from admissibility into evidence was raised in academic circles three years ago, it rapidly spread to the policy arena. For example, California and Florida enacted laws in 2000 and 2001 respectively excluding from admissibility apologetic expressions of sympathy ("I'm sorry that you are hurt") but not fault-admitting apologies ("I'm sorrythat I injured you") after accidents. Eight …

The Ethical Canary: Science, Society, And The Human Spirit, By Margaret Sommerville, Alfred C. Aman, Yvonne Cripps, Roger B. Dworkin, David Smith, George P. Smith Ii

Indiana Journal of Global Legal Studies

No abstract provided.

Legal Ethics, Business Ethics And International Trade: Some Neglected Issues, Robert W. Mcgee

Cardozo Journal of International and Comparative Law

The article critiques the ethical shortcomings of utilitarianism in international trade policies, arguing that such policies often prioritize special interests over individual rights and public welfare. It advocates for a rights-based approach, emphasizing the protection of property and contract rights, and proposes reforms such as invoking the Takings Clause to ensure equitable outcomes. The analysis highlights the ineffectiveness and moral failings of measures like economic sanctions and protectionist policies, which frequently harm innocent populations and violate constitutional principles.

Legal Ethics For Environmental Lawyers: Real Problems, New Challenges, And Old Values, Sanford M. Stein, Jan M. Geht

William & Mary Environmental Law and Policy Review

No abstract provided.

Protecting The Public Without Protectionism: Access, Competence And Pro Hac Vice Admission To The Practice Of Law, Peter S. Margulies

Law Faculty Scholarship

No abstract provided.

“Certain Fundamental Truths”: A Dialectic On Negative And Positive Liberty In Hate-Speech Cases, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.

Teaching Ethics In An Atmosphere Of Skepticism And Relativism, W. Bradley Wendel

Cornell Law Faculty Publications

I would like to do several things in this essay. First, I am interested in the sources of students' wariness about moral reasoning and claims about objectivity and truth in ethics. Sometimes I feel like a teacher of geography who must confront a deeply entrenched belief that the earth is flat. The earth is not flat, nor is ethics just a matter of opinion, but one wonders why students persist in thinking the opposite. Teaching effectively requires an understanding of where students are coming from. Accordingly, the opening section of this essay is structured around a series of hypotheses to …

Furthering Justice By Improving The Adversary System And Making Lawyers More Accountable, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Are Agreements To Keep Secret Information In Discovery Legal, Illegal Or Something In Between?, Susan P. Koniak

Faculty Scholarship

For at least eight years before the public and government authorities learned of the apparently dangerous combination of Ford Explorer sport utility vehicles ("SUVs") and their Bridgestone/Firestone brand of tires, Firestone had been settling lawsuits involving injuries and deaths caused by their tires failing on Ford SUVs. These settlements included terms requiring the plaintiffs and their lawyers to keep quiet about the settlements and about information learned through discovery, including information that might have alerted the public or the government to just how unsafe the Explorer/Firestone combination actually was. In some cases, these secrecy provisions were reinforced by court protective …

Fortifying A Law Firm's Ethical Infrastructure: Avoiding Legal Malpractice Claims Based On Conflicts Of Interest, Susan Saab Fortney, Jett Hanna

Faculty Scholarship

This article addresses the prevailing problem of malpractice claims based on conflicts of interest. Part I of this article introduces the topic by underscoring the seriousness of all conflicts of interest and recommending preventative action. Part II describes measures that law firms can take to detect and manage conflicts and analyzes the effect of the firm’s ability to avoid conflicts claims on a firm’s ethical infrastructure. Part III focuses on some of the most common conflicts situations that result in malpractice claims and sanctions. The discussion includes selected conflicts cases that illustrate problems and patterns. Part IV concludes by urging …

Expanding State Jurisdiction To Regulate Out-Of-State Lawyers, Charles W. Wolfram

Cornell Law Faculty Publications

The Pursuit Of Justice: New Directions In Scholarship About The Practice Of Law, Alex J. Hurder

Journal of Legal Education

No abstract provided.

Some Ethical Reflections On Cyberstalking, Frances Grodzinsky, Herman T. Tavani

School of Computer Science & Engineering Faculty Publications

The present study examines a range of moral issues associated with recent cyberstalking cases. Particular attention is centered on the Amy Boyer/ Liam Youens case of cyberstalking, which raises a host of considerations that we believe have a significant impact for ethical behavior on the Internet. Among the questions we consider are those having to do with personal privacy and the use of certain kinds of Internet search facilities to stalk individuals in cyberspace. Also considered are questions having to do with legal liability and (possible) moral responsibility that Internet Service Providers (ISPs) have for stalking crimes that occur in …

The Role Of The Corporation In Fostering Sustainable Peace, Timothy L. Fort, Cindy A. Schipani

Vanderbilt Journal of Transnational Law

This Article demonstrates that there is a plausible, conceptual relationship among corporate governance, business ethics, and sustainable peace. First, the Authors begin by outlining the benefits of and protests against globalization and the reciprocal benefits between geopolitical entities and economic activity. The Article then details specific historical events that foreshadow patterns in the relationship between business and sustainable peace. In looking more closely at those patterns, the Authors argue that through economic progress and mitigation of rivalries in the workplace, multinational corporations can contribute to sustainable peace. Thus, if this argument is correct, the stakes increase dramatically for corporations to …

Sectarian Reflections On Lawyers' Ethics And Death-Row Volunteers, Richard W. Garnett

Journal Articles

What should lawyers think about and respond to death-row volunteers? When a defendant accused of a capital crime attempts to plead guilty, or instructs his lawyer not to present a particular defense; when a convicted killer refuses to permit the introduction of potentially life-saving mitigating evidence - or even urges the jury to impose a death sentence - at the sentencing phase of a death-eligible case; when a condemned inmate refuses to file, or to appeal the denial of, habeas corpus and other post-conviction petitions for relief; when he elects not to object to a particular capital-punishment method, to call …