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Legal Ethics and Professional Responsibility Commons

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2010

Discipline
Institution
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Publication
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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 May 2010

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 Apr 2010

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 2010

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 2010

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 2010

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 Apr 2010

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 Apr 2010

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 Apr 2010

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 Apr 2010

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 Apr 2010

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 Apr 2010

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 Mar 2010

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 Mar 2010

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 Mar 2010

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 Feb 2010

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 Jan 2010

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 Jan 2010

(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 Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

Codifying Caperton V. A. T. Massey Coal Co., Ronald D. Rotunda

McGeorge Law Review

No abstract provided.


Should Judges Regulate Lawyers, Eli Wald Jan 2010

Should Judges Regulate Lawyers, Eli Wald

McGeorge Law Review

No abstract provided.


Judicial Selection, Judicial Disqualification, And The Role Of Money In Judicial Campaigns, Charles Gardner Geyh Jan 2010

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) Jan 2010

Journal Of Outdoor Education, Recreation, And Leadership (Jorel)

TopSCHOLAR® Presentations and Reports

No abstract provided.


Defense Counsel And Plea Bargain Perjury, Kevin C. Mcmunigal Jan 2010

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 Jan 2010

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 Jan 2010

The International Criminal Court And The Closure Of The Time-Limited International And Hybrid Criminal Tribunals, Valerie Oosterveld

Law Publications

No abstract provided.