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Legal Ethics and Professional Responsibility Commons

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2005

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Institution
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Articles 61 - 90 of 206

Full-Text Articles in Legal Ethics and Professional Responsibility

Law As Communitarian Virtue Ethics, Sherman J. Clark Jul 2005

Law As Communitarian Virtue Ethics, Sherman J. Clark

Buffalo Law Review

No abstract provided.


The Perils Of Online Legal Research: A Caveat For Diligent Counsel, J. Thomas Sullivan Jul 2005

The Perils Of Online Legal Research: A Caveat For Diligent Counsel, J. Thomas Sullivan

Law Faculty Scholarship

Online legal research is emerging as a preferred tool for judges, attorneys, and lawstudents, providing a vast amount ofnearly real-time legal resources at the speed of electronic search. This article analyzes the risk of error associated with the immediacy of online opinion publishing and how the uncertainty ofaccuracy potentially compromises the litigator's ability to provide accurate advice.


Introduction – 21st Century Law, Technology And Ethics: The Lawyer’S Role As A Public Citizen Serving The Public Good, Irma S. Russell Jul 2005

Introduction – 21st Century Law, Technology And Ethics: The Lawyer’S Role As A Public Citizen Serving The Public Good, Irma S. Russell

Faculty Works

The lawyer's role as a "public citizen" also involves a duty to "seek improvement of the law." Changing technology has changed the way lawyers practice law. As public citizens lawyers have an affirmative commitment to the social goal of a just society. Ethical issues arise in the use of technology in society, and lawyers play a central role in social ordering. The idea that advocates in an adversary system have special responsibilities is not new.


Pursuing Justice For The Mentally Disabled, Grant H. Morris Jun 2005

Pursuing Justice For The Mentally Disabled, Grant H. Morris

University of San Diego Public Law and Legal Theory Research Paper Series

This article considers whether lawyers act as zealous advocates when they represent mentally disordered, involuntarily committed patients who wish to assert their right to refuse treatment with psychotropic medication. After discussing a study that clearly demonstrates that lawyers do not do so, the article explores the reasons for this inappropriate behavior. Michael Perlin characterizes the problem as “sanism,” which he describes as an irrational prejudice against mentally disabled persons of the same quality and character as other irrational prejudices that cause and are reflected in prevailing social attitudes of racism, sexism, homophobia, and ethnic bigotry. The article critiques Perlin’s characterization …


Corporate Ethics In The Health Care Marketplace, Lynne Dallas May 2005

Corporate Ethics In The Health Care Marketplace, Lynne Dallas

University of San Diego Law and Economics Research Paper Series

Consider three examples of problematic corporate decision making: first, in 2002, employees were less likely to have employer-provided insurance than thirty years ago and the price of health care for those who do receive it is ever increasing. Second, while many employees are without health insurance, the compensation for chief executive officers and other executive officers has increased dramatically. Third, consider the well-publicized examples of corporate decisions to engage in fraudulent and unethical business practices.

These problems will not be solved by glib references to market ideology that claims markets alone adequately regulate corporate behavior. Nor will these problems be …


May 20, 2005, Ifc Consultation Advisory No.8, Ann Pasco May 2005

May 20, 2005, Ifc Consultation Advisory No.8, Ann Pasco

IFC E&S Performance Standards

No abstract provided.


May 12, 2005, Cao, Reference Group Meeting Draft Agenda, Cao May 2005

May 12, 2005, Cao, Reference Group Meeting Draft Agenda, Cao

CAO General 1999-Present

No abstract provided.


May 10, 2005, Ltr From M. Taylor To D. Hunter, Re Ifc Performance Standards, Meg Taylor May 2005

May 10, 2005, Ltr From M. Taylor To D. Hunter, Re Ifc Performance Standards, Meg Taylor

CAO General 1999-Present

No abstract provided.


May 5, 2005, Cao Agenda, Cao May 2005

May 5, 2005, Cao Agenda, Cao

CAO General 1999-Present

No abstract provided.


May 5-6 2005, Cao, Agenda Strategic Advisors Meeting, Cao May 2005

May 5-6 2005, Cao, Agenda Strategic Advisors Meeting, Cao

CAO General 1999-Present

No abstract provided.


May 5, 2005, M. Taylor, Summary Of Cao Origins For Paul Wolfowitz, Meg Taylor May 2005

May 5, 2005, M. Taylor, Summary Of Cao Origins For Paul Wolfowitz, Meg Taylor

CAO General 1999-Present

No abstract provided.


May 2005, Dfid, Comments Of The Uk's Dfid On Ifc Safeguards Rev, Ifc May 2005

May 2005, Dfid, Comments Of The Uk's Dfid On Ifc Safeguards Rev, Ifc

IFC E&S Performance Standards

No abstract provided.


Navigating Troubled Waters: Dealing With Personal Values When Representing Others, Mitchell M. Simon Apr 2005

Navigating Troubled Waters: Dealing With Personal Values When Representing Others, Mitchell M. Simon

Law Faculty Scholarship

Legal academics have long struggled to define the appropriate role a lawyer's moral judgment ought to play in client representation. In its simplest terms, the question is: Must a lawyer be a "hired gun," seeking all lawful objectives sought by a client, or may a lawyer act independently to avoid the harm a client's actions will cause innocent parties? Following disclosure of lawyer involvement in the Savings and Loan, Enron and WorldCom failures, many in society joined those scholars calling for greater moral responsibility.

In this article, I provide an analytical approach consistent with existing law and practice that seeks …


Clark Memorandum: Spring 2005, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School Apr 2005

Clark Memorandum: Spring 2005, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum


Apr. 29, 2005, Consultation Advisory No.7, Ann Pasco Apr 2005

Apr. 29, 2005, Consultation Advisory No.7, Ann Pasco

IFC E&S Performance Standards

No abstract provided.


Apr. 29, 2005, Civil Society Matrix Analysis Of Ifc Draft Policy And Pss, Ifc Apr 2005

Apr. 29, 2005, Civil Society Matrix Analysis Of Ifc Draft Policy And Pss, Ifc

IFC E&S Performance Standards

No abstract provided.


Apr. 27, 2005, Ifc, Slides For Ces Strategy, Ifc Apr 2005

Apr. 27, 2005, Ifc, Slides For Ces Strategy, Ifc

IFC E&S Performance Standards

No abstract provided.


Ethics In Large Law Firms: The Principle Of Pragmatism, Kimberly Kirkland Apr 2005

Ethics In Large Law Firms: The Principle Of Pragmatism, Kimberly Kirkland

Law Faculty Scholarship

No abstract provided.


Apr. 8, 2005, Pres. Wolfensohn, Ifc Strategic Directions- Implementation Update And Fy06-Fy08 Outlook, Ifc Apr 2005

Apr. 8, 2005, Pres. Wolfensohn, Ifc Strategic Directions- Implementation Update And Fy06-Fy08 Outlook, Ifc

IFC E&S Performance Standards

No abstract provided.


Who Is The Corporation's Lawyer, Ethan S. Burger Apr 2005

Who Is The Corporation's Lawyer, Ethan S. Burger

West Virginia Law Review

No abstract provided.


Sarbanes-Oxley Act, Section 307 - The Price Of Accountability: How Will Section 307 Affect The Role Of The Corporate Attorney, Sara B. Smith Apr 2005

Sarbanes-Oxley Act, Section 307 - The Price Of Accountability: How Will Section 307 Affect The Role Of The Corporate Attorney, Sara B. Smith

West Virginia Law Review

No abstract provided.


Faculty Ethics In Law School: Shirking, Capture, And "The Matrix", Jeffrey L. Harrison Apr 2005

Faculty Ethics In Law School: Shirking, Capture, And "The Matrix", Jeffrey L. Harrison

UF Law Faculty Publications

The primary focus of this essay is the ethical dimension of the decisions faculty governance requires law professors to make. This essay is devoted to the proposition that conditions are ideal for most law schools to be governed for the benefit of the faculty at the expense of the welfare of students and others (stakeholders) who expect to be served by the law school. This section also suggests that faculty shirking, if it occurs, stems primarily from a lack of respect for those whom the law school serves. Section II addresses the second step. Having described shirking and capture in …


Watch Out For Whistleblowers, Leslie C. Griffin Apr 2005

Watch Out For Whistleblowers, Leslie C. Griffin

Scholarly Works

No abstract provided.


The Federal Government Lawyer's Duty To Breach Confidentiality, James E. Moliterno Apr 2005

The Federal Government Lawyer's Duty To Breach Confidentiality, James E. Moliterno

Faculty Publications

The lawyer's duty of confidentiality springs from the lawyer-client relationship and its parameters are determined by the nature of that relationship. The federal government lawyer's client is like no other. The uniqueness of representing the United States calls for a unique approach to the duty of confidentiality. Unlike the private individual client, the government as a client does not speak with a single, unmistakable voice. Unlike the private entity client, the federal government has a paramount interest in the public good, including the public's right to know about government (the entity's conduct), especially its misconduct. The result is a client …


Judge Arnold's Four Rules: A Model For A Life In The Law, Sean Unger Apr 2005

Judge Arnold's Four Rules: A Model For A Life In The Law, Sean Unger

University of Arkansas at Little Rock Law Review

No abstract provided.


Don't Shoot The Canons: Maintaining The Appearance Of Propriety Standard, M. Margaret Mckeown Apr 2005

Don't Shoot The Canons: Maintaining The Appearance Of Propriety Standard, M. Margaret Mckeown

The Journal of Appellate Practice and Process

No abstract provided.


Preface, Ray Thornton Apr 2005

Preface, Ray Thornton

The Journal of Appellate Practice and Process

No abstract provided.


Ethical And Aggressive Appellate Advocacy: Confronting Adverse Authority, J. Thomas Sullivan Apr 2005

Ethical And Aggressive Appellate Advocacy: Confronting Adverse Authority, J. Thomas Sullivan

Law Faculty Scholarship

No abstract provided.


Recusals And The "Problem" Of An Equally Divided Supreme Court, Ryan Black, Lee Epstein Apr 2005

Recusals And The "Problem" Of An Equally Divided Supreme Court, Ryan Black, Lee Epstein

The Journal of Appellate Practice and Process

No abstract provided.


The Paper Tiger Of Gideon V. Wainwright And The Evisceration Of The Right To Appointment Of Legal Counsel For Indigent Defendants, Amanda Myra Hornung Apr 2005

The Paper Tiger Of Gideon V. Wainwright And The Evisceration Of The Right To Appointment Of Legal Counsel For Indigent Defendants, Amanda Myra Hornung

Cardozo Public Law, Policy & Ethics Journal

The note examines the disparity between the Sixth Amendment's promise of counsel for indigent defendants and the realities of its implementation, arguing that while landmark cases like Gideon v. Wainwright established the right to appointed counsel in state criminal proceedings, significant gaps remain in ensuring effective representation. The analysis highlights systemic issues such as inadequate funding, excessive caseloads, and limited access to resources, which undermine the fairness of criminal trials. The note advocates for increased funding, reduced caseloads, and clearer standards for effective assistance of counsel to fulfill the constitutional guarantee of equal justice.