Legal Ethics and Professional Responsibility Commons^™

Drawing The Ethical Line: Controversial Cases, Zealous Advocacy, And The Public Good: Foreword, Lonnie T. Brown

Scholarly Works

Are lawyers handling controversial matters justified in being myopically fixated upon achieving their client's or the state's objectives, whatever the costs? Or is there a point at which the interests of the system or perhaps even the public must take precedence, requiring that unbridled zeal and loyalty take a backseat? Such fascinating questions were skillfully examined during the 10th Annual Legal Ethics and Professionalism Symposium, "Drawing the Ethical Line: Controversial Cases, Zealous Advocacy, and the Public Good." The published remarks and the articles that follow provide a glimpse into the difficult ethical line-drawing that was engaged in by a distinguished …

Research With Decisionally Incapacitated Human Subjects: An Argument For A Systemic Approach To Risk-Benefit Assessment, Carl H. Coleman

Indiana Law Journal

The amount of medical research with persons who lack decision-making capacity is rapidly increasing, but in most states it takes place without clear legal authority. In addition to creating significant liability risks for researchers and persons who provide consent on behalf of incapacitated subjects, the lack of explicit legal standards means that few, if any, safeguards exist to protect incapacitated persons' rights and welfare. Previous efforts to close the gap between clinical reality and legal requirements have failed in part because they have not provided a coherent or persuasive ethical justification for permitting this research. This Article seeks to fill …

Sanctioning The Ambulance Chaser, Anita Bernstein

Faculty Scholarship

No abstract provided.

Exporting American Legal Education, James E. Moliterno

Journal of Legal Education

No abstract provided.

Slides: The Big Questions, Doug Kenney

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Doug Kenney, Natural Resources Law Center, University of Colorado Law School

7 slides

Slides: The Urbanizing West: Limits To Water, Limits To Growth, Lora A. Lucero

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Lora A. Lucero, AICP, American Planning Association

18 slides

Slides: Protecting Biodiversity Through Ecosystem Services, Barton "Buzz" Thompson

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Barton “Buzz” Thompson, Perry L. McCarty Director, Woods Institute for the Environment, Stanford University Law School

14 slides

Bridging The Governance Gap: Strategies To Integrate Water And Land Use Planning, Sarah Bates Van De Wetering, University Of Montana (Missoula). Public Policy Research Institute

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

16 pages.

Includes bibliographical references

"2007"

"Collaborative Governance Report 2"

Slides: Adapting Western Water Policy For Resilience Under Climate Change, Bonnie G. Colby

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Dr. Bonnie G. Colby, Professor of Resource Economics & Hydrology, University of Arizona Department of Agriculture & Resource Economics

22 slides

Slides: Linking Growth, Land Use And Water, Jim Holway

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Jim Holway, Global Institute of Sustainability, Civil and Environmental Engineering, Arizona Water Institute, Arizona State University

29 slides

Slides: Beyond Rethinking: Redoing Western Water Law, Janet Neuman

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Professor Janet Neuman, Lewis & Clark Law School

17 slides

Slides: Threats To Biological Diversity: Global, Continental, Local, J. Michael Scott

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: J. Michael Scott, U.S. Geological Survey, Idaho Cooperative Fish and Wildlife Research Unit, University of Idaho

38 slides

Slides: Rethinking Western Water Law: Whatever Happened To The Public Interest?, Mark Squillace

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Mark Squillace, Director, Natural Resources Law Center, University of Colorado Law School

15 slides

Slides: Global Warming And The Endangered Species Act, Kieran Suckling

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Kieran Suckling, Center for Biological Diversity

15 slides

Rethinking Western Water Law: Instream Flows, Reed D. Benson

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Reed D. Benson, University of New Mexico School of Law

1 page.

Slides: Water Needs And Strategies For A Sustainable Future, Shaun Mcgrath

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Shaun McGrath, Program Director, Western Governors’ Association

25 slides

Sustainable Water Policies In The Rocky Mountain West: An Action Agenda, Sarah Bates

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Sarah Bates, Western Progress

10 pages.

Includes bibliographical references

"Review Draft, May 15, 2008"

Agenda: Shifting Baselines And New Meridians: Water, Resources, Landscapes, And The Transformation Of The American West, University Of Colorado Boulder. Natural Resources Law Center

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

The Center’s 29th annual conference will focus on the changes in the West resulting from rapid population growth, development, disrupted historical weather patterns and the effects of those changes on land, water, and energy resources. Speakers and panelists will address the adaptability of the legal and political institutions and how the transformation of the West may foreshadow fundamental changes to these institutions.

The agenda includes panel discussions that will address:

• Water for the 21^st Century —the big questions in Western water and rethinking Western water law.
• The Future of Energy —practical and sophisticated solutions to overcome the energy …

Slides: Fuel Choice Determines Transmission, Doug Larson

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Doug Larson, Western Interstate Energy Board

26 slides

Slides: Energy Production And The West's Wild Places, Amy Mall

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Amy Mall, Senior Policy Analyst, Natural Resources Defense Council

28 slides

Slides: Paying The Price For Power: When L.A. Turns On The Lights, Northwestern New Mexico Feels It, Jonathan Thompson

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Jonathan Thompson, Editor, High Country News

23 slides

Slides: Climate Comments, Bob Gough

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Bob Gough, NativeEnergy, Inc.

11 slides

Slides: Keynote: Living With Limits In The West, Alice Madden

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Alice Madden, Colorado House Majority Leader and President, Western Progress

8 slides

Slides: Incorporating Community Values Of Sustainability Into Resource Management: The Red Lady Case Study, Wendy Mcdermott

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Wendy McDermott, Executive Director, High Country Citizens' Alliance, www.hccaonline.org

33 slides

Slides: The Yampa: New Rules For An Old River, Jerd Smith

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Jerd Smith, Reporter, Rocky Mountain News

11 slides

Slides: The Future Of Energy: What Are The Major Projections For The U.S. Energy Future, And What Are The Implications For The West?, Gary Bryner

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Gary Bryner, Brigham Young University, Department of Political Science

9 slides

Slides: "Mitaku Oyasin" Means "We Are All Related", Bob Gough

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Bob Gough, NativeEnergy, Inc.

72 slides

Lawyers As Quasi-Public Actors, W. Bradley Wendel

Cornell Law Faculty Publications

This paper was written for a panel on access to justice at the 100th anniversary conference of the Law Society of Alberta, Canada. In it I argue that the debate over access to justice, which in the United States generally means pro bono representation provided by individual lawyers, cannot be divorced from broader theoretical debates about the lawyer's role. My claim is that lawyers are quasi-public actors, in the sense that they have some responsibility to aim directly at justice in their representation of clients, and cannot rely only on indirect strategies to ensure that justice is served. The argument …

From The Department Of Justice To Guantanamo Bay; Administration Lawyers And Administration Interrogation Rules, Part I: Hearing Before The Subcomm. On The Constitution, Civil Rights And Civil Liberties Of The H. Comm. On The Judiciary, 110th Cong., May 6, 2008 (Statement Of David Luban, Prof. Of Law, Geo. U. L. Center), David Luban

Testimony Before Congress

Government lawyers have an awesome responsibility. Office of Legal Counsel opinions bind the entire executive branch. They have the force of law inside that branch. The idea that unelected lawyers are writing secret legal opinions that spin the law makes a mockery of democratic government. It means the executive branch is governed by a secret constitution - a constitution written by activist lawyers instead of the constitution written by the Framers.

Without getting too deeply into technicalities which, quite frankly, only a lawyer could love, let me summarize in a bit more detail just how spun the torture memos were.

Legal Ethics, Narrative, And Professional Identity: The Story Of David Spaulding, Timothy W. Floyd, John Gallagher

Mercer Law Review

Roger Cramton has called Spaulding v. Zimmerman "one of the great gems of law teaching." The case is extensively discussed in books and articles dealing with legal ethics and is prominently featured in professional responsibility casebooks and courses. According to Professor Cramton, "Spaulding teaches important lessons about the law and ethics of lawyering." These include "the unwillingness of lawyers, judges and the organized profession to talk openly and seriously about the situations in which threats of harm to third persons justify a breach of one of the lawyer's most sacred duties, that of confidentiality to client" and "the reality, …