Open Access. Powered by Scholars. Published by Universities.®

Legal Ethics and Professional Responsibility Commons™

Open Access. Powered by Scholars. Published by Universities.®

2012

Discipline
Institution
Keyword
Publication
Publication Type

Articles 121 - 150 of 220

Full-Text Articles in Legal Ethics and Professional Responsibility

Making Good Lawyers, Eli Wald, Russell G. Pearce Jan 2012

Making Good Lawyers, Eli Wald, Russell G. Pearce

Faculty Scholarship

Today, the criticism of law schools has become an industry. Detractors argue that legal education fails to effectively prepare students for the practice of law, that it is too theoretical and detached from the profession, that it dehumanizes and alienates students, too expensive and inapt in helping students develop a sense of professional identity, professional values, and professionalism. In this sea of criticisms it is hard to see the forest from the trees. “There is so much wrong with legal education today,” writes one commentator, “that it is hard to know where to begin.” This article argues that any reform …

Go to article

Private Equity Firms: Beyond Sec Registration As An Investment Adviser How To Build And Administer An Effective Compliance Program, Susan Mosher Jan 2012

Private Equity Firms: Beyond Sec Registration As An Investment Adviser How To Build And Administer An Effective Compliance Program, Susan Mosher

Michigan Business & Entrepreneurial Law Review

The Securities and Exchange Commission (the “SEC” or the “Commission”) recently adopted new rules and rule amendments under the Investment Advisers Act of 1940 (the “Advisers Act”) that serve to implement provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”).1 The new rules and rule amendments under the Advisers Act relate to provisions of Title IV of the Dodd-Frank Act (the Private Fund Investment Advisers Registration Act of 2010) that, among other things, require certain private fund advisers and private equity firms to register with the Commission.2 This article is intended to assist firms that …

Go to article

Reflections On Cuomo: The Secret Consensus, Theodore M. Hesburgh Jan 2012

Reflections On Cuomo: The Secret Consensus, Theodore M. Hesburgh

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Go to article

Christian Witness, Moral Anthropology, And The Death Penalty, Richard W. Garnett Jan 2012

Christian Witness, Moral Anthropology, And The Death Penalty, Richard W. Garnett

Notre Dame Journal of Law, Ethics & Public Policy

In this essay, I consider - in the context of our ongoing debates about capital punishment - the question, what role ought religious beliefs play in a pluralistic democratic society that often presumes strict boundaries between matters of private faith and political life? I suggest, first, that we should resist the imposition of such strict boundaries between matters of private faith and political life and, second, that in the context of our public arguments about the death penalty, engaged Christians should not merely to baptize the policy analyses and preferences of abolitionist or other interest groups, but should instead propose …

Go to article

Palliative Care And Hospice: Opportunities To Improve Care For The Sickest Patients, Kathleen Tschantz Unroe, Diane E. Meier Jan 2012

Palliative Care And Hospice: Opportunities To Improve Care For The Sickest Patients, Kathleen Tschantz Unroe, Diane E. Meier

Notre Dame Journal of Law, Ethics & Public Policy

The article discusses how palliative care and hospice services address the quality and cost concerns in the U.S. health care system. By focusing on symptom management, coordination among providers, and improved transitions of care, the services meet the needs of the sickest persons at lower costs. The author suggests putting in place the right leadership and resources and strengthening the workforce to successfully expand the programs.

Go to article

Providing Capital For Law Firms In A Credit Crisis: Non-Lawyer Equity Ownership, Brett Novick Jan 2012

Providing Capital For Law Firms In A Credit Crisis: Non-Lawyer Equity Ownership, Brett Novick

University of Michigan Journal of Law Reform Caveat

Last year, a New York federal district court dismissed a lawsuit by Jacoby & Meyers LLP attacking a New York law that prevents non-lawyers from owning an equity interest in law firms. On November 21, 2012, the U.S. Court of Appeals for the Second Circuit resuscitated the lawsuit, remanding the case to the district court and granting Jacoby & Meyers LLP leave to amend its complaint. Non-lawyers owning an equity interest in law firms is not a new idea, as countries such as Australia and the United Kingdom already allow it, and the United States should follow their example to …

Go to article

The Mindful Law School: An Integrative Approach To Transforming Legal Education, Scott L. Rogers Jan 2012

The Mindful Law School: An Integrative Approach To Transforming Legal Education, Scott L. Rogers

Articles

No abstract provided.

Go to article

Endless Pursuit: Capturing Technology At The Intersection Of The First Amendment And Attorney Advertising, Jan L. Jacobowitz, Gayland O. Heathcote Ii Jan 2012

Endless Pursuit: Capturing Technology At The Intersection Of The First Amendment And Attorney Advertising, Jan L. Jacobowitz, Gayland O. Heathcote Ii

Articles

No abstract provided.

Go to article

The Framing Effects Of Professionalism: Is There A Lawyer Cast Of Mind? Lessons From Compliance Programs, Robert Eli Rosen, Christine E. Parker, Viveke Lehmann Nielsen Jan 2012

The Framing Effects Of Professionalism: Is There A Lawyer Cast Of Mind? Lessons From Compliance Programs, Robert Eli Rosen, Christine E. Parker, Viveke Lehmann Nielsen

Articles

Professionals working inside companies may bring with them frames of mind set by their professional experience and socialization. Lawyers, in particular, are said to "think like a lawyer"-to have a lawyer cast of mind. In seeking power within a company and in exercising the power that they obtain, professionals may draw on their professional background to frame, name, diagnose, and prescribe a remedy for the company's problems. In making decisions about their compliance with the law, companies are constrained not only by their environment, but also by their agents' understanding of whose (or what) interests the company should serve. In …

Go to article

Ethical Issues Of The Practice Of National Security Law: Some Observations, Charles J. Dunlap Jan 2012

Ethical Issues Of The Practice Of National Security Law: Some Observations, Charles J. Dunlap

Faculty Scholarship

No abstract provided.

Go to article

The Physician Payment Sunshine Act: An Important First Step In Mitigating Financial Conflicts Of Interest In Medical And Clinical Practice, 45 J. Marshall L. Rev. 963 (2012), Alexandros Stamatoglou Jan 2012

The Physician Payment Sunshine Act: An Important First Step In Mitigating Financial Conflicts Of Interest In Medical And Clinical Practice, 45 J. Marshall L. Rev. 963 (2012), Alexandros Stamatoglou

UIC Law Review

No abstract provided.

Go to article

Rule 3.8, The Jencks Act, And How The Aba Created A Conflict Between Ethics And The Law On Prosecutorial Disclosure, Kirsten M. Schimpff Jan 2012

Rule 3.8, The Jencks Act, And How The Aba Created A Conflict Between Ethics And The Law On Prosecutorial Disclosure, Kirsten M. Schimpff

American University Law Review

No abstract provided.

Go to article

United States V. White: Further Unbalancing The Judicial Analysis Of Forcible Medication Of Defendants Found Incompetent To Stand Trial, Cynthia Polasko Jan 2012

United States V. White: Further Unbalancing The Judicial Analysis Of Forcible Medication Of Defendants Found Incompetent To Stand Trial, Cynthia Polasko

Maryland Law Review

No abstract provided.

Go to article

Exploitation Nation: The Thin And Grey Legal Lines Between Trafficked Persons And Abused Migrant Laborers, Dina Francesca Haynes Jan 2012

Exploitation Nation: The Thin And Grey Legal Lines Between Trafficked Persons And Abused Migrant Laborers, Dina Francesca Haynes

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Go to article

Corporate Wrongdoing And The In Pari Delicto Defense In Auditor Malpractice Cases: A New Approach, Christine M. Shepard Jan 2012

Corporate Wrongdoing And The In Pari Delicto Defense In Auditor Malpractice Cases: A New Approach, Christine M. Shepard

Washington and Lee Law Review

No abstract provided.

Go to article

Authoritarian Legal Ethics: Bradley Wendel And The Positivist Turn, William H. Simon Jan 2012

Authoritarian Legal Ethics: Bradley Wendel And The Positivist Turn, William H. Simon

Faculty Scholarship

In this Review, I respond to the authoritarian theme in Lawyers and Fidelity to Law. In essence, I argue: neither libertarianism nor authoritarianism is a plausible starting point for a general approach to legal ethics. It is a great virtue of Ronald Dworkin’s jurisprudence that it suggests a conception of law and legal ethics that does not depend on either perspective. Moreover, it suggests a conception of lawyer responsibility that is more plausible than either Emersonianism or moralistic positivism. By gesturing toward positivism and by surrendering to less reflective authoritarian impulses, Wendel’s argument underestimates the extent to which social …

Go to article

Restorative Lawyer Discipline In Australia, Linda Haller Jan 2012

Restorative Lawyer Discipline In Australia, Linda Haller

Nevada Law Journal

No abstract provided.

Go to article

The Promise Of Client-Centered Professional Norms, Katherine R. Kruse Jan 2012

The Promise Of Client-Centered Professional Norms, Katherine R. Kruse

Nevada Law Journal

No abstract provided.

Go to article

Paradox Lost: The Potential Of Restorative Attorney Discipline — With A Cautionary Call For Making Distinctions, Jeffrey W. Stempel Jan 2012

Paradox Lost: The Potential Of Restorative Attorney Discipline — With A Cautionary Call For Making Distinctions, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.

Go to article

Malpractice Liability Related To Foreign Outsourcing Of Legal Services, Vincent R. Johnson, Stephen C. Loomis Jan 2012

Malpractice Liability Related To Foreign Outsourcing Of Legal Services, Vincent R. Johnson, Stephen C. Loomis

Faculty Articles

The outsourcing of client-related tasks to service providers in other countries is likely to generate malpractice claims against American law firms. This Article discusses the wide range of theories under which an outsourcing American law firm may be liable for its own negligence or for the actions of outsourcing providers. These theories include negligence by the outsourcing law firm, vicarious liability for the conduct of firm principals and employees, vicarious liability for the conduct of independent contractors, and vicarious liability for the conduct of business partners.

Go to article

Abandoning An "Unethical" System Of Legal Ethics, David R. Barnhizer Jan 2012

Abandoning An "Unethical" System Of Legal Ethics, David R. Barnhizer

Law Faculty Articles and Essays

It is time to abandon the pretense of "legal ethics" as an independent lawyer-run system and to design a civil liability system in which lawyers can be held accountable to wronged clients at reasonable costs with ready access and fair modes of proof. To the extent that the system of ethics actually caused lawyers to act "ethically" (which is a major and largely unsupportable supposition), the competitive dynamics of the legal profession, coupled with the significant decline in values, honesty, and accountability in American society, have rendered even that historically suspect system illegitimate. This does not mean that there are …

Go to article

Conflicts As Inner Trials: Transitions For Clients, Ideas For Lawyers, Jonathan R. Cohen Jan 2012

Conflicts As Inner Trials: Transitions For Clients, Ideas For Lawyers, Jonathan R. Cohen

UF Law Faculty Publications

As times of transition, conflicts often produce significant inner trials for parties. This paper categorizes some of the more common inner trials parties in conflict face (e.g., coping with loss, strong emotions, uncertainty, etc.) and suggests that, as liminal times in people’s lives, some conflicts may also hold within them important opportunities for learning, growth and self-definition. This paper also offers some ideas for how lawyers might best assist clients during such transitions.

Go to article

Dedication, John H. Robinson Jan 2012

Dedication, John H. Robinson

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Go to article

Resource-Based Learning And Course Design: A Brief Theoretical Overview And Practical Suggestions, Meg Butler Jan 2012

Resource-Based Learning And Course Design: A Brief Theoretical Overview And Practical Suggestions, Meg Butler

Faculty Publications By Year

Law librarians teaching legal research should follow resource based learning pedagogical strategies. This paper provides a background in constructivist educational theory and resource based learning before identifying useful instructional strategies regarding course design decisions related to goal-setting, assignments, rubrics, and assessment.

Go to article

Order In The Court!: Ethical Conduct In A Criminal Trial Under The Texas Disciplinary Rules., Edward L. Wilkinson Jan 2012

Order In The Court!: Ethical Conduct In A Criminal Trial Under The Texas Disciplinary Rules., Edward L. Wilkinson

St. Mary's Journal on Legal Malpractice & Ethics

In a criminal trial, the most common ethical duties implicated are the duty of candor to the tribunal, maintaining the impartiality and integrity of the tribunal, and the fairness of the proceeding as a whole. Under the Texas Disciplinary Rules of Professional Conduct, these duties are broken down in Rules 3.03, 3.04, 3.05, and 3.06. Attorneys are charged with the responsibility of fully understanding each of these duties in order to interact accordingly with the tribunal. This Article will examine, in detail, each of these rules individually. Additionally, the Article will analyze how each of the rules overlap and coincide …

Go to article

Cooperation-What Is It And Why Do It?, David J. Waxse Jan 2012

Cooperation-What Is It And Why Do It?, David J. Waxse

Richmond Journal of Law & Technology

Litigation is a method of resolving disputes that is too costly and time consuming for most parties involved. As a Federal Magistrate Judge involved in case management on a day-to-day basis, I often see evidence of this. I also participated in the 2010 Conference on Civil Litigation held at Duke Law School and sponsored by the Federal Judicial Conference Standing Committee on Rules of Practice and Procedure. The conference explored “the current costs of civil litigation in Federal Court, particularly discovery, and discuss[ed] possible solutions.” As part of the conference, the Federal Judicial Center presented4its research findings on its study …

Go to article

Adopting Regulatory Objectives For The Legal Profession, Laurel Terry, Steve Mark, Tahlia Gordon Jan 2012

Adopting Regulatory Objectives For The Legal Profession, Laurel Terry, Steve Mark, Tahlia Gordon

Faculty Scholarly Works

In 2007, the United Kingdom adopted a new law called the Legal Services Act. This Act radically changed certain aspects of U.K. lawyer regulation. Section 1 of that Act identified eight “regulatory objectives” that provide the basis for the regulation of the legal profession. The United Kingdom is not the only jurisdiction that has identified regulatory objectives. Most Canadian provinces, for example, have provisions that are tantamount to regulatory objectives. Australia routinely used “purpose statements” when enacting legal profession regulation and was in the process of developing regulatory objectives at the time this article was written. Despite these examples, however, …

Go to article

Trends And Challenges In Lawyer Regulation: The Impact Of Globalization And Technology, Laurel Terry, Steve Mark, Tahlia Gordon Jan 2012

Trends And Challenges In Lawyer Regulation: The Impact Of Globalization And Technology, Laurel Terry, Steve Mark, Tahlia Gordon

Faculty Scholarly Works

Globalization and technology have changed the practice of law in dramatic ways. This is true not only in the United States, but around the world. In this article, author Laurel Terry, along with Australian regulators Steve Mark and Tahlia Gordon, documented some of these global trends in lawyer regulation. Their article concluded that regulators face issues in common regarding “who” is regulated, “what” or whom is regulated, “when” regulation occurs, “where” regulation occurs, “how” it occurs, and “why” regulation occurs. This article uses this who-what-when-where-why-and-how framework to discuss events around the world. These developments include the 2007 UK Legal Services …

Go to article

Minor's Personal Injury Actions And Settlements In North Carolina, John M. Kirby Jan 2012

Minor's Personal Injury Actions And Settlements In North Carolina, John M. Kirby

Campbell Law Review

This Article addresses the issues that are peculiar to claims of minors in North Carolina. Persons who are the age of majority prosecute and settle claims that raise numerous substantive and procedural issues. These issues can be compounded, however, when the claimant is a minor. The distinct issues that arise with a minor’s claim include: that a minor is often held to a different standard of conduct; that other persons are held to a higher or different standard of conduct toward a minor; that other persons may have a duty to protect the minor; that courts generally protect the interests …

Go to article

Insights From A National Conference: "Conflicts Of Interest In The Practice Of Medicine", David Orentlicher Jan 2012

Insights From A National Conference: "Conflicts Of Interest In The Practice Of Medicine", David Orentlicher

Scholarly Works

No abstract provided.

Go to article

First Prev Next Last