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Legal Ethics and Professional Responsibility Commons™
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Articles 31 - 60 of 171
Full-Text Articles in Legal Ethics and Professional Responsibility
Imputed Liability For Supervising Prosecutors: Applying The Military Doctrine Of Command Responsibility To Reduce Prosecutorial Misconduct, Geoffrey S. Corn, Adam M. Gershowitz
Imputed Liability For Supervising Prosecutors: Applying The Military Doctrine Of Command Responsibility To Reduce Prosecutorial Misconduct, Geoffrey S. Corn, Adam M. Gershowitz
Faculty Publications
No abstract provided.
Apr. 21, 2010, Unathored, Summary Of Positions On Ifc Policy And Performance Standards And Disclosure Policy, Ifc
IFC E&S Performance Standards
No abstract provided.
Apr. 14, 2010, Ifc, Annex B_Mark Up Of Draft Policy, Ifc
Apr. 14, 2010, Ifc, Annex B_Mark Up Of Draft Policy, Ifc
IFC E&S Performance Standards
No abstract provided.
Apr. 14, 2010, Ifc, Annex A_Review And Update Of Ifc's Sustainability - Duplicate, Ifc
Apr. 14, 2010, Ifc, Annex A_Review And Update Of Ifc's Sustainability - Duplicate, Ifc
IFC E&S Performance Standards
No abstract provided.
Apr. 14, 2010, Ifc, Performance Standard 1-Rev.-0.1, Ifc
Apr. 14, 2010, Ifc, Performance Standard 1-Rev.-0.1, Ifc
IFC E&S Performance Standards
No abstract provided.
Achieving The Vision Through High Ethical Standards, Sarah E. Bertke
Achieving The Vision Through High Ethical Standards, Sarah E. Bertke
Ohio Valley Regional Student Conference
No abstract provided.
Shadow Lawyering: Nonlawyer Practice Within Law Firms, Paul R. Tremblay
Shadow Lawyering: Nonlawyer Practice Within Law Firms, Paul R. Tremblay
Indiana Law Journal
Lawyers commonly associate with nonlawyers to assist in their performance of lawyering tasks. A lawyer cannot know with confidence, though, whether the delegation of some tasks to a nonlawyer colleague might result in her assisting in the unauthorized practice of law, because the state of the law and the commentary about nonlawyer practice is so confused and incoherent. Some respected authority within the profession tells the lawyer that she may only delegate preparatory matters and must prohibit the nonlawyer from discussing legal matters with clients, or negotiating on behalf of clients. Other authority suggests that the lawyer may delegate a …
Paying Women For Their Eggs For Use In Stem Cell Research, Pamela Foohey
Paying Women For Their Eggs For Use In Stem Cell Research, Pamela Foohey
Pace Law Review
No abstract provided.
Legal, Moral And Biological Implications Of Poaching And Illegal Animal Trafficking On An International Scale, Meghan A. Pastor
Legal, Moral And Biological Implications Of Poaching And Illegal Animal Trafficking On An International Scale, Meghan A. Pastor
Pell Scholars and Senior Theses
Poaching and animal trafficking is a global issue in the areas of biology, morality and politics. This paper will discuss the different areas of impact as well as consider options for the prevention and alleviation of this issue.
Entertainment Law - The Specter Of Malpractice Claims And Disciplinary Actions, John Sahl
Entertainment Law - The Specter Of Malpractice Claims And Disciplinary Actions, John Sahl
Akron Law Faculty Publications
There is significant risk today that lawyers will become the target of a disciplinary or legal malpractice action, especially given the complexity of the law and advances in technology that reduce the amount of time that lawyers have to reflect about client matters. This risk is heightened by the increased competition in the bar to deliver legal services in a cost-effective manner, the sophistication of clients who expect competent, efficient and reasonably priced services, and the litigious nature of consumers. The risk is further exacerbated by the ever-changing methods and rules for electronic communication and the storage of information. The …
Misunderstanding Lawyers' Ethics, Monroe H. Freedman, Abbe Smith
Misunderstanding Lawyers' Ethics, Monroe H. Freedman, Abbe Smith
Michigan Law Review
The title of Daniel Markovits's book, A Modern Legal Ethics, gives the impression that it is a comprehensive treatise on contemporary lawyers' ethics. The contents of the book, however, are both more limited and more expansive than the title suggests. Markovits's treatment of lawyers' ethics concerns itself with what he conceives to be the pervasive guilty conscience of practicing lawyers over their "professional viciousness" (p. 36), and how lawyers can achieve a guilt-free professional identity "worthy of ... commitment" (p. 2). Markovits's goal in the book is to "articulat[e] a powerful and distinctively lawyerly virtue" (p. 2), one that …
Attorney Admissions Ceremony — United States District Court For The Northern District Of New York, Roger J. Miner '56
Attorney Admissions Ceremony — United States District Court For The Northern District Of New York, Roger J. Miner '56
Bar Admissions
No abstract provided.
It's Not Funny: Creating A Professional Culture Of Pro Bono Commitment, Douglas L. Colbert
It's Not Funny: Creating A Professional Culture Of Pro Bono Commitment, Douglas L. Colbert
Faculty Scholarship
Professor Colbert challenges the popular view that regards lawyers as selfish, greedy and uncaring to the legal needs of the outside community. In his article, he recognizes that the lawyers with whom he is familiar are fulfilling the lawyer’s ethical obligation of engaging in pro bono service and “provid[ing] legal services to those unable to pay,” while also embracing the language in the Preamble to the Model Rules of Professional Conduct that refers to the attorney “as a public citizen who has a special responsibility to the quality of justice.” Professor Colbert asks colleagues in the legal academy whether they …
The Way We Think: Ethics, Health And The Environment In International Business, David N. Smith
The Way We Think: Ethics, Health And The Environment In International Business, David N. Smith
Research Collection Yong Pung How School Of Law
Breaches of ethics and social responsibility in domestic and international business are typically thought to be anchored in such phenomena as greed, dishonesty and conflict of interest. While these forces are frequently at work in international business transactions, there is often another major force at work when failures of ethics and social responsibility occur. This article addresses the question of what is it about the way that transnational company managers and government officials think or don't think that leads to breaches of ethics and social responsibility - breaches that often result in major health, environmental and social tragedies. The article …
Conflicts Of Interest In Criminal Cases: Should The Prosecution Have A Duty To Disclose?, Anne Poulin
Conflicts Of Interest In Criminal Cases: Should The Prosecution Have A Duty To Disclose?, Anne Poulin
Working Paper Series
This article addresses two types of conflicts of interests that arise in criminal cases: 1) when defense counsel has an employment relation to the prosecutor’s office, and 2) when defense counsel faces criminal investigation or charges. Both these situations threaten both the defendant’s representation and the actual as well as apparent fairness of the proceeding. Yet, only in extreme cases are these conflicts likely to result in a reversal of the defendant’s conviction. As a result, protection of the defendant and the fairness of the process often depends on early intervention, which allows the court to advise the defendant of …
Bad Faith Exception To Prosecutorial Immunity For Brady Violations, Bennett L. Gershman
Bad Faith Exception To Prosecutorial Immunity For Brady Violations, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
Part I of this Article discusses Imbler’s adoption of absolute immunity for prosecutors. Part II discusses Imbler’s extension of absolute immunity to a prosecutor’s violation of his disclosure duty under Brady v. Maryland. Part III describes the ease with which prosecutors are able to evade the Brady rule and the difficulty of enforcing compliance with Brady. Part IV discusses the absence of any meaningful sanctions to deter and punish prosecutors for willful violations of Brady. Part V proposes a bad faith exception to absolute immunity of prosecutors for Brady violations.
(Re)Constructing Judicial Ethics In Canada, Richard F. Devlin
(Re)Constructing Judicial Ethics In Canada, Richard F. Devlin
McGeorge Law Review
No abstract provided.
Three Models Of Legal Ethics, Anthony D'Amato, Edward J. Eberle
Three Models Of Legal Ethics, Anthony D'Amato, Edward J. Eberle
Faculty Working Papers
This article presents a picture of each of the three theoretical models—autonomy, socialist, and deontological—and indicates how they differ from one another in their application to some aspects of attorney-client confidentiality, one of the most hotly debated topics of professional ethics.
The Madoff Scandal, Market Regulatory Failure And The Business Education Of Lawyers, Robert J. Rhee
The Madoff Scandal, Market Regulatory Failure And The Business Education Of Lawyers, Robert J. Rhee
Faculty Scholarship
This essay suggests that a deficiency in legal education is a contributing cause of the regulatory failure. The most scandalous malfeasance of this new era, the Madoff Ponzi scheme, evinces the failure of improperly trained lawyers and regulators. It also calls into question whether the prevailing regulatory philosophy of disclosure of disclosure is sufficient in a complex market. This essay answers an important question underlying these considerations: What can legal education do to better train business lawyers and regulators for a market that is becoming more complex? One answer, it suggests, is a simple one: law schools should teach a …
Exporting American Legal Ethics, James E. Moliterno
Exporting American Legal Ethics, James E. Moliterno
Scholarly Articles
None available.
Unconscious Influences On Judicial Decision-Making: The Illusion Of Objectivity, John F. Irwin, Daniel L. Real
Unconscious Influences On Judicial Decision-Making: The Illusion Of Objectivity, John F. Irwin, Daniel L. Real
McGeorge Law Review
No abstract provided.
Behavioral Psychology Of Judicial Corruption: A Response To Judge Irwin And Daniel Real, The, W. Bradley Wendel
Behavioral Psychology Of Judicial Corruption: A Response To Judge Irwin And Daniel Real, The, W. Bradley Wendel
McGeorge Law Review
No abstract provided.
Understanding Caperton: Judicial Disqualification Under The Due Process Clause, Dmitry Bam
Understanding Caperton: Judicial Disqualification Under The Due Process Clause, Dmitry Bam
McGeorge Law Review
No abstract provided.
Codifying Caperton V. A. T. Massey Coal Co., Ronald D. Rotunda
Codifying Caperton V. A. T. Massey Coal Co., Ronald D. Rotunda
McGeorge Law Review
No abstract provided.
Should Judges Regulate Lawyers, Eli Wald
Judicial Selection, Judicial Disqualification, And The Role Of Money In Judicial Campaigns, Charles Gardner Geyh
Judicial Selection, Judicial Disqualification, And The Role Of Money In Judicial Campaigns, Charles Gardner Geyh
McGeorge Law Review
No abstract provided.
Journal Of Outdoor Education, Recreation, And Leadership (Jorel)
Journal Of Outdoor Education, Recreation, And Leadership (Jorel)
TopSCHOLAR® Presentations and Reports
No abstract provided.
Defense Counsel And Plea Bargain Perjury, Kevin C. Mcmunigal
Defense Counsel And Plea Bargain Perjury, Kevin C. Mcmunigal
Faculty Publications
No abstract provided.
The Creation Of University Intellectual Property: Confidential Information, Data Protection, And Research Ethics, Margaret Ann Wilkinson
The Creation Of University Intellectual Property: Confidential Information, Data Protection, And Research Ethics, Margaret Ann Wilkinson
Law Publications
Protection of commercial confidences is both required as part of the intellectual property provisions of current trade agreements and routinely prerequisite for achieving patent protection. This paper discusses the protection of such commercial confidences and the relationship of this protection with the statutory regime in Canada of personal data protection, but does so within the specific context of an examination of these matters in light of the governance of the processes of research conducted in universities. The nexus of university research and commercial research occurs frequently—for example, in the area of the development and testing of drugs in Canada. The …
The International Criminal Court And The Closure Of The Time-Limited International And Hybrid Criminal Tribunals, Valerie Oosterveld
The International Criminal Court And The Closure Of The Time-Limited International And Hybrid Criminal Tribunals, Valerie Oosterveld
Law Publications
No abstract provided.