Legal Ethics and Professional Responsibility Commons^™

The Central Intelligence Agency's "Family Jewels": Legal Then? Legal Now?, Daniel L. Pines

Indiana Law Journal

Congress and the media recently have claimed that various activities of the Central Intelligence Agency (CIA)-from rendition operations, to the destruction of videotapes, to the maintenance of secret detention facilities overseas--are illegal. Critics levied similar charges against the CIA thirty-five years ago, with regard to activities contained in the "Family Jewels"--the 1973 compilation of the CIA's darkest secrets. The recent release of the Family Jewels provides the opportunity to try to put today's concerns in perspective. This Article evaluates the key activities conducted by the CIA as described in the Family Jewels-experimentation on unconsenting individuals, attempted targeted killings of foreign …

Enhancing The Fighting Force: Medical Research On American Soldiers, Catherine L. Annas, George J. Annas

Faculty Scholarship

During President Barack Obama's first primetime press conference, reporters asked primarily about the state of the economy and terrorism. Wedged between questions on these two vital issues was a query from the Washington Post's Michael Fletcher:

Question: What is your reaction to Alex Rodriguez's admission that he used steroids as a member of the Texas Rangers?

Obama: You know, I think it's depressing news.... And if you're a fan of Major League Baseball, I think it - it tarnishes an entire era, to some degree. And it's unfortunate, because I think there are a lot of ballplayers who played it …

Prosecutorial Shaming: Naming Attorneys To Reduce Prosecutorial Misconduct, Adam M. Gershowitz

Faculty Publications

This Article explores the unfortunately large number of instances in which appellate courts reverse convictions for serious prosecutorial misconduct but do not identify the names of the prosecutors who committed that misconduct. Because judges are reluctant to publicly shame prosecutors whose cases are reversed, this Article advocates that a neutral set of third parties undertake the responsibility of publicly identifying prosecutors who have committed serious misconduct. The naming of prosecutors will shame bad actors, provide a valuable pedagogical lesson for junior prosecutors, and signal to trial judges that certain prosecutors must be monitored more closely to avoid future misconduct.

Clarity, Organization: Watchwords For Client Correspondence, Sabrina Defabritiis

Suffolk University Law School Faculty Works

As attorneys, we strive to achieve the utmost level of clarity and organization in the legal briefs and memoranda that we file and serve. Why, then, do the fundamentals of good legal writing often fall by the wayside when drafting client correspondence? Remembering the fundamentals, as well as looking to the basic requirements of the Rules of Professional Conduct, can help in drafting organized correspondence which will serve the dual purposes of keeping the client informed and creating a record of your actions as the attorney.

Mar. 2009, Ifc, Project-Level Grievance Mechanisms For Affected Communities, Ifc

IFC E&S Performance Standards

No abstract provided.

Original Sin And Judicial Independence: Providing Accountability For Justices, Paul D. Carrington, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

The Citizen Lawyer And The Administrative State, Edward Rubin

William & Mary Law Review

No abstract provided.

The Citizen-Lawyer - A Brief Informal History Of A Myth With Some Basis In Reality, Robert W. Gordon

William & Mary Law Review

No abstract provided.

"Public Service Must Begin At Home": The Lawyer As Civics Teacher In Everyday Practice, Bruce A. Green, Russell G. Pearce

William & Mary Law Review

No abstract provided.

Statesman Or Scribe? Legal Independence And The Problem Of Democratic Citizenship, Aziz Rana

Cornell Law Faculty Publications

No abstract provided.

Lawyers As Citizens, Deborah L. Rhode

William & Mary Law Review

No abstract provided.

Not Just Key Numbers And Keywords Anymore: How User Interface Design Affects Legal Research, Julie M. Jones

Cornell Law Faculty Publications

Legal research is one of the foundational skills for the practice of law. Yet law school graduates are frequently admitted to the bar without adequate competence in this area. Applying both information-foraging theory and current standards for optimal web design, Ms. Jones considers, through a heuristic analysis, whether the user interfaces of Westlaw and LexisNexis help or hinder the process of legal research and the development of effective research skills.

Thoughts On The Ethical Culture Of A Prosecutor's Office, Patrick J. Fitzgerald

Washington Law Review

I am truly honored to be asked to speak at this event, particularly an event held in honor of Norm Maleng. I want to talk about maintaining an ethical culture in a prosecutor’s office and give you a perspective on the things that have struck me after being an Assistant U.S. Attorney for about thirteen years—approaching seven years this fall as a U.S. Attorney, so about twenty years as a prosecutor. Some of the things I will say are obvious but worth repeating because we have to bear them in mind. Some are slightly subtle but worth pointing out. I …

The Pragmatically Virtuous Lawyer?, Robert F. Blomquist

Law Faculty Publications

No abstract provided.

The Ethical Visions Of Copyright Law, James Grimmelmann

Faculty Scholarship

This symposium essay explores the imagined ethics of copyright: the ethical stories that people tell to justify, make sense of, and challenge copyright law. Such ethical visions are everywhere in intellectual property discourse, and legal scholarship ought to pay more attention to them. The essay focuses on a deontic vision of reciprocity in the author-audience relationship, a set of linked claims that authors and audiences ought to respect each other and express this respect through voluntary transactions.

Versions of this default ethical vision animate groups as seemingly antagonistic as the music industry, file sharers, free software advocates, and Creative Commons. …

The Lawyer As Catalyst Of Social Change, James E. Moliterno

Scholarly Articles

No abstract provided.

A Golden-Age Of Civil Involvement: The Client-Centered Disadvantage For Lawyers As Law Makers, James E. Moliterno

Scholarly Articles

None available.

Pathway Of Professionalism - The First Day Of Law School At The University Of Idaho, Donald L. Burnett Jr.

Articles

No abstract provided.

Life At The Center Reflections On My Career, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Ethics Of Pretexting In A Cyber World, Steven C. Bennett

McGeorge Law Review

No abstract provided.

Revisiting The Crime-Fraud Exception To The Attorney-Client Privilege: A Proposal To Remedy The Disparity In Protections For Civil And Criminal Privilege Holders, Cary Bricker

McGeorge School of Law Scholarly Articles

No abstract provided.

Observations On Leadership: Moral And Otherwise, 43 J. Marshall L. Rev. 159 (2009), William Arthur Wines

UIC Law Review

No abstract provided.

Celebrating Clepr’S 40th Anniversary: The Early Development Of The Clinical Legal Education And Legal Ethics Instruction In U.S. Law Schools, J.P. "Sandy" Ogilvy

Scholarly Articles

This article introduces the essays, articles, and remarks celebrating the fortieth anniversary of the establishment of the Council on Legal Education for Professional Responsibility (CLEPR). The Section on Professional Responsibility and Section on Clinical Legal Education of the Association of American Law Schools (AALS) jointly sponsored a half-day program at the 2009 AALS Annual Meeting in San Diego, California, in recognition of the fortieth anniversary of CLEPR and the one hundredth anniversary of the promulgation of the American Bar Association Canons of Professional Ethics, the ABA's first effort at establishing a private law of lawyering to govern its members. After …

On Appeal: Reviewing The Case Against The Death Penalty, Dawinder S. Sidhu

West Virginia Law Review

No abstract provided.

"Whistle . . . And You've Got An Audience", Amanda C. Leiter

Fordham Urban Law Journal

One of the questions for discussion today is whether public rights litigation is an effective means of social change. This Article does not attempt an answer but begins to explore a set of issues central to any answer: the extent, types, uses, and potential shortcomings of government whistleblowing. There is considerable sociological and legal literature on government whistleblowing, but little of it addresses the issue from the angle relevant to maximizing the efficacy of public rights litigation. This Article begins to fill that gap. Part I discusses the importance of whistleblowers in the vindication and enforcement of public rights. Part …

The European Commission Project Regarding Competition In Professional Services, Laurel S. Terry

Northwestern Journal of International Law & Business

One goal of this article is to help EU Member States' policy-makers and citizens understand the broad-brush nature of the EU Initiative and remember that it was a call for further investigation by EU Member States. This article provides a detailed case study of the EU Initiative so that as many individuals as possible in the European Union can understand the issues at stake and participate in rigorous discussions about the justifications for, and costs and benefits of, particular lawyer regulation rules in particular countries. Although one goal of this article is to empower European stakeholders and policy-makers, it is …

Ethics As Self-Transcendence: Legal Education, Faith, And An Ethos Of Justice, Patrick Brown

Seattle University Law Review

Ethics is fundamentally about ethos, attitude, one's grounded stance or existential orientation, not the extrinsicism of concepts or the formalism of rules. Ethics concerns not just any orientation, but that intimate and demanding form of personal development manifested in the experience and practice of self-transcendence. Conversely, the neglect of ethics as self-transcendence introduces deep distortions into the way we socialize students into notions of ethics and professionalism. It introduces subsequent distortions into the conditions of legal practice. It encourages a superficial and extrinsic minimalism. It encourages, in effect, the disastrous conception of legal ethics as ethical legalism. I begin by …

Betraying Truth: Ethics Abuse In Middle East Reporting, Kenneth Lasson

All Faculty Scholarship

This article presents a brief overview of press freedom under the First Amendment, attempts to create a working definition of media “objectivity,” examines various codes of professional ethics for journalists, and analyzes specific cases in which such standards have allegedly been abused or abandoned in Middle East reporting.

The Ethical Dimensions Of National Security Law, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Knowing Law’S Limits: Comments On ‘Forgiveness: Integral To Close Relationships And Inimical To Justice?’, Kathryn Webb Bradley

Faculty Scholarship

No abstract provided.