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Legal Ethics and Professional Responsibility Commons

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2004

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Institution
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Articles 61 - 90 of 190

Full-Text Articles in Legal Ethics and Professional Responsibility

Aug. 2, 2004, Ifc, Comments Of Essd And Leg Relating To Safeguard Policy Revision, Ifc Aug 2004

Aug. 2, 2004, Ifc, Comments Of Essd And Leg Relating To Safeguard Policy Revision, Ifc

IFC E&S Performance Standards

No abstract provided.


The Jurisdiction Of Justice: Two Conceptions Of Political Morality, Larry Alexander Aug 2004

The Jurisdiction Of Justice: Two Conceptions Of Political Morality, Larry Alexander

San Diego Law Review

My topic in this essay is a major fault line within normative theory. More precisely, it is a major fault line within that part of a normative theory that deals with the content of our moral obligations to others. When I refer to moral obligations here, I am referring to those acts that morality demands of us such that it permits force or its threat to be employed to secure those acts. Moral obligations as I use the term are thus candidates for legal enforcement. I argue that much of what is debated within liberal political/moral theory can be usefully …


Jul. 14, 2004 Ifc, Memo To Code Board Re Safeguard Policy Rev., Ifc Jul 2004

Jul. 14, 2004 Ifc, Memo To Code Board Re Safeguard Policy Rev., Ifc

IFC E&S Performance Standards

No abstract provided.


Exceptions, Lawrence Raful Jul 2004

Exceptions, Lawrence Raful

Scholarly Works

No abstract provided.


Fletcher's Rethinking: A Memoir, Kyron J. Huigens Jul 2004

Fletcher's Rethinking: A Memoir, Kyron J. Huigens

Articles

No abstract provided.


Jun. 4, 2004, Wbg, Striking A Better Balance, The Final Report Of The Extractive Industries Review, Wbg Jun 2004

Jun. 4, 2004, Wbg, Striking A Better Balance, The Final Report Of The Extractive Industries Review, Wbg

IFC E&S Performance Standards

No abstract provided.


Understanding New Hampshire’S Rule 4.2 As Applied To Corporate Litigants: An Explanation And Suggestions For Improvement, Heather Menezes Jun 2004

Understanding New Hampshire’S Rule 4.2 As Applied To Corporate Litigants: An Explanation And Suggestions For Improvement, Heather Menezes

The University of New Hampshire Law Review

[Excerpt] “Consider this scenario: an attorney represents a client in litigation against a corporation. The attorney gets a call from an employee of that corporation and the employee says, “Everything in your complaint is absolutely correct.” However excited the attorney is to speak with this person, the Rules of Professional Conduct constrain whom the attorney can talk to if a corporation is involved in the pending litigation. In New Hampshire, any attorney can quickly find that Rule 4.2 prohibits contact with a represented party.1 But is this corporate employee a represented party? Even after reading the comment to the rule …


The Higher Calling: Regulation Of Lawyers Post-Enron, Keith R. Fisher May 2004

The Higher Calling: Regulation Of Lawyers Post-Enron, Keith R. Fisher

University of Michigan Journal of Law Reform

This Article discusses some of the inadequacies in the current ethical regulation of the legal system and proposes a new approach to crafting and contextualizing rules of legal ethics. The proliferation of specialties and subspecialties in law practice, together with the inadequacies of prevailing ethics regulation and the vagaries of ethics rules formulations from state to state have not served either the public or the legal profession well. Manipulation, motivated by politics and self-interest, of the ideology of the organized bar to adhere to ethical rules predicated on an antiquated and unrealistic model of a unified legal profession has likewise …


Medical Malpractice And Contract Disclosure: An Equilibrium Model Of The Effects Of Legal Rules On Behavior In Health Care Markets, Kathryn Zeiler Apr 2004

Medical Malpractice And Contract Disclosure: An Equilibrium Model Of The Effects Of Legal Rules On Behavior In Health Care Markets, Kathryn Zeiler

Faculty Scholarship

This paper develops a theoretical model of how specific legal rules affect the types of contracts managed care organizations ("MCOs") use to compensate physicians. In addition, the analysis provides insights into how physician treatment decisions and the rate of medical malpractice lawsuits react to different legal rules. In particular, the model predicts that outcomes in jurisdictions forcing MCOs to disclose physician contract terms to patients differ from those that do not. Contracts vary depending on the disclosure rule and how treatment costs relate to expected damages and litigation costs. Moreover, the model predicts that jurisdictions forcing contract disclosure observe higher …


Apr. 22, 2004, Draft Cso Talking Points For Ifc Mtg On Safeguards, Disclosure And H.Rts., Ifc Apr 2004

Apr. 22, 2004, Draft Cso Talking Points For Ifc Mtg On Safeguards, Disclosure And H.Rts., Ifc

IFC E&S Performance Standards

No abstract provided.


April 14, 2004, Ltr From M. Taylor, Cao, To Wwf Caucasus, Rejecting Btc Complaint, Meg Taylor Apr 2004

April 14, 2004, Ltr From M. Taylor, Cao, To Wwf Caucasus, Rejecting Btc Complaint, Meg Taylor

CAO General 1999-Present

No abstract provided.


Apr. 12, 2004, Wbg, Comm. On Dev.. Effect., Enhancing World Bank Support To Middle Income Countries, Wbg Apr 2004

Apr. 12, 2004, Wbg, Comm. On Dev.. Effect., Enhancing World Bank Support To Middle Income Countries, Wbg

IFC E&S Performance Standards

No abstract provided.


Overview Of Legal Systems In The Asia-Pacific Region: Singapore, Calvin Wl Ho Apr 2004

Overview Of Legal Systems In The Asia-Pacific Region: Singapore, Calvin Wl Ho

Overview of Legal Systems in the Asia-Pacific Region (2004)

This article provides a general description of the legal system of Singapore. It further discusses aspects of legal education and legal practice in that country.


Overview Of Legal Systems In The Asia-Pacific Region: Thailand, Ngamnet Triamanuruck, Sansanee Phongpala, Sirikanang Chaiyasuta Apr 2004

Overview Of Legal Systems In The Asia-Pacific Region: Thailand, Ngamnet Triamanuruck, Sansanee Phongpala, Sirikanang Chaiyasuta

Overview of Legal Systems in the Asia-Pacific Region (2004)

This article provides a general description of the legal system of Thailand. It further discusses aspects of legal education and legal practice in that country.


Overview Of Legal Systems In The Asia-Pacific Region: People's Republic Of China, Zengguang (Bill) Huo, Yuhua Shi Apr 2004

Overview Of Legal Systems In The Asia-Pacific Region: People's Republic Of China, Zengguang (Bill) Huo, Yuhua Shi

Overview of Legal Systems in the Asia-Pacific Region (2004)

This article provides a general description of the legal system of the People's Republic of China. It further discusses aspects of legal education and legal practice in that country.


Overview Of Legal Systems In The Asia-Pacific Region: Indonesia, Yosea Iskandar Apr 2004

Overview Of Legal Systems In The Asia-Pacific Region: Indonesia, Yosea Iskandar

Overview of Legal Systems in the Asia-Pacific Region (2004)

This article provides a general description of the legal system of Indonesia. It further discusses aspects of legal education and legal practice in that country.


Overview Of Legal Systems In The Asia-Pacific Region: South Korea, Oh Seung Jin Apr 2004

Overview Of Legal Systems In The Asia-Pacific Region: South Korea, Oh Seung Jin

Overview of Legal Systems in the Asia-Pacific Region (2004)

This article provides a general description of the legal system of South Korea. It further discusses aspects of legal education and legal practice in that country.


Overview Of Legal Systems In The Asia-Pacific Region: Japan, Junko Gono, Mitsutaka Hibino, Koh Hinokawa, Sonosuke Kamiya, Hirofumi Maki, Shigeki Nishiyama, Hirotoshi Osajima, Masahiro Oshima, Yurika Yamauchi Apr 2004

Overview Of Legal Systems In The Asia-Pacific Region: Japan, Junko Gono, Mitsutaka Hibino, Koh Hinokawa, Sonosuke Kamiya, Hirofumi Maki, Shigeki Nishiyama, Hirotoshi Osajima, Masahiro Oshima, Yurika Yamauchi

Overview of Legal Systems in the Asia-Pacific Region (2004)

This article provides a general description of the legal system of Japan. It further discusses aspects of legal education and legal practice in that country.


Overview Of Legal Systems In The Asia-Pacific Region: Republic Of China, Taiwan, Peggy (Pei Yi) Wen Apr 2004

Overview Of Legal Systems In The Asia-Pacific Region: Republic Of China, Taiwan, Peggy (Pei Yi) Wen

Overview of Legal Systems in the Asia-Pacific Region (2004)

This article provides a general description of the legal system of Taiwan. It further discusses aspects of legal education and legal practice in that country.


Growing Greener Grass: Looking From Legal Ethics To Business Ethics, And Back, Rob Atkinson Apr 2004

Growing Greener Grass: Looking From Legal Ethics To Business Ethics, And Back, Rob Atkinson

Scholarly Publications

No abstract provided.


Connecting Business Ethics And Legal Ethics For The Common Good: Come, Let Us Reason Together, Rob Atkinson Apr 2004

Connecting Business Ethics And Legal Ethics For The Common Good: Come, Let Us Reason Together, Rob Atkinson

Scholarly Publications

No abstract provided.


Apr. 2004, Bic, Policy Update, Ppah Wbg To Lead Review, Bic Apr 2004

Apr. 2004, Bic, Policy Update, Ppah Wbg To Lead Review, Bic

IFC E&S Performance Standards

No abstract provided.


Sept. 25-26, 2004, Bic, Banktrack And Foe, Paper On Ifis, Ecas, Private Banks; A Triple Alliance, Bic Apr 2004

Sept. 25-26, 2004, Bic, Banktrack And Foe, Paper On Ifis, Ecas, Private Banks; A Triple Alliance, Bic

IFC E&S Performance Standards

No abstract provided.


Apr. 2004, Bic, Wb To Lead Revision Of Private Sector Envtl Standards, Bic Apr 2004

Apr. 2004, Bic, Wb To Lead Revision Of Private Sector Envtl Standards, Bic

IFC E&S Performance Standards

No abstract provided.


Legal Fictions And The Moral Imagination: Female Fictional Lawyers Encounter Professional Responsibility, Kathryn A. Lee, Elizabeth Morgan Apr 2004

Legal Fictions And The Moral Imagination: Female Fictional Lawyers Encounter Professional Responsibility, Kathryn A. Lee, Elizabeth Morgan

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Legal Malpractice Insurance: Surviving The Perfect Storm, Susan Saab Fortney Apr 2004

Legal Malpractice Insurance: Surviving The Perfect Storm, Susan Saab Fortney

Faculty Scholarship

This article serves as a practical guide to legal malpractice insurance. Part I introduces the topic of legal malpractice insurance with a brief overview of the changes that occurred in market conditions in 2000 and the subsequent effect on insurance premiums and coverage. Part II outlines the different types of insurance coverage that are available to legal professionals by describing common policy terms, exclusions, and conditions that affect coverage. Part III describes changes in law firms that may affect coverage. Part IV provides legal professionals with useful advice to consider when choosing an insurance policy. Part V reveals important factors …


Gentleman's Agreement: The Antisemitic Origins Of Restrictions On Stockholder Litigation, Lawrence E. Mitchell Mar 2004

Gentleman's Agreement: The Antisemitic Origins Of Restrictions On Stockholder Litigation, Lawrence E. Mitchell

ExpressO

A deeply ingrained, seemingly ineradicable, hostility to plaintiffs’ lawyers and especially to plaintiffs’ lawyers in stockholder suits seems to have existed for most of the past century. This hostility is manifest not only in the tone of judicial opinions but in law review articles, the popular press, and, often, in legislation. This article analyzes the circumstances under which the first security-for-expense statute was adopted in New York in 1944, including the contemporaneous justification for the statute, focusing on the demographics of the New York bar at the time and the ethnic sociology of New York. In so doing, it concludes …


The Poor State Of Health Care Quality In The U.S.: Is Malpractice Liability Part Of The Problem Or Part Of The Solution?, Charles Silver Mar 2004

The Poor State Of Health Care Quality In The U.S.: Is Malpractice Liability Part Of The Problem Or Part Of The Solution?, Charles Silver

ExpressO

The belief that malpractice lawsuits impede efforts to improve health care quality by encouraging providers to hide mistakes is the conventional wisdom among patient safety advocates and scholars. It also provides the normative basis for efforts currently proceeding at the state and federal levels to curtail medical malpractice exposure. Groups pressing for tort reform, including the American Medical Association, contend that when doctors and other providers are insulated from liability, patients will be better protected from harm.

This article canvasses the evidence bearing on the connection between malpractice exposure and health care quality. Some of this evidence, such as the …


Adr Ethics, Scott R. Peppet Mar 2004

Adr Ethics, Scott R. Peppet

Journal of Legal Education

No abstract provided.


Are You Experienced?: Examining The Need For Specialized Ethics Rules In Patent Litigation, Benjamin J. Sodey Mar 2004

Are You Experienced?: Examining The Need For Specialized Ethics Rules In Patent Litigation, Benjamin J. Sodey

ExpressO

Any attorney licensed to practice before a federal district court, regardless or his or her area of specialization, may file a patent infringement suit on behalf of a client in that court. The possibility exists, therefore, for an attorney having little or no intellectual property experience to represent clients in complex patent litigation matters. Due to this, infringement defendants and their counsel may find themselves on the receiving end of a dubious patent claim brought by attorneys lacking patent law experience. This article discusses whether the existing rules governing attorney conduct, such as professional responsibility, procedural, or statutory rules, are …