Legal Ethics and Professional Responsibility Commons^™

Ethical Perspectives On Changing Agricultural Technology In The United States, Patrick Madden, Paul B. Thompson

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Crossing The Rubicon: The Impact Of The Affordable Care Act On The Content Of Insurance Coverage For Persons With Disabilities, Sara Rosenbaum, Joel B. Teitelbaum, Katherine Hayes

Notre Dame Journal of Law, Ethics & Public Policy

The article reports on the impact of the 2010 U.S. Patient Protection and Affordability Care Act (PPACA) on the coverage of essential health benefits for persons with disabilities. Some of the risk-shielding, discriminatory strategies used by insurers, such as the initial design of benefits and services, utilization management practices, and actuarial ratings, are pointed out. That the PPACA recognizes the importance of reasonable investments in all people is highlighted.

No Power To Be Disloyal (Or, How Not To Write A Loyalty Opinion) , Val Ricks

The Journal of Business, Entrepreneurship & the Law

It is the thesis of this paper that no privilege to act disloyally exists: that a power to act never trumps the duty of loyalty. My method is to discuss three cases in which the privilege or power to act appears to receive judicial support. The paper shows why this strategy does not work. Such assertions have no support in logic (and usually not in law), provide a slippery slope at the bottom of which the duty of loyalty ceases to exist, often result in a decision being internally inconsistent, and fail to stand the test of time. I will …

Lying, Stealing, And Cheating: The Role Of Arbitrators As Ethics Enforcers, Kristen M. Blankley

Nebraska College of Law: Faculty Publications

This Article will begin in Part II with a short description of the expansion of judicial immunity, which is one of the biggest motivating reasons for concern for arbitral ethics. If judicial immunity were not extended to the arbitral forum, parties who fall victim to unethical practices in the arbitral forum might have recourse. Immunity for arbitration participants, then, creates a pressing need for other reform. Reform, as noted in Part III, could be achieved through changes to the law—particularly by expanding the criminal laws dealing with crimes against the administration of justice to the arbitral forum or ever so …

Finding Fault?: Exploring Legal Duties To Return Incidental Findings In Genomic Research, Elizabeth R. Pike, Karen H. Rothenberg, Benjamin E. Berkman

Faculty Scholarship

The use of whole genome sequencing in biomedical research is expected to produce dramatic advances in human health. The increasing use of this powerful, data-rich new technology in research, however, will inevitably give rise to incidental findings (IFs), findings with individual health or reproductive significance that are beyond the aims of the particular research, and the related questions of whether and to what extent researchers have an ethical obligation to return IFs. Many have concluded that researchers have an ethical obligation to return some findings in some circumstances, but have provided vague or context-dependent approaches to determining which IFs must …

The Professional, Winter 2014, Henry Latimer Center For Professionalism

The Professional Newsletter

The Professional is a publication of The Florida Bar Henry Latimer Center for Professionalism. It is published triannually and provides practical information regarding professionalism relevant to the practice of law in Florida.

Ethics 20/20 Successfully Achieved Its Mission: It "Protected, Preserved, And Maintained", James E. Moliterno

Scholarly Articles

The legal profession tends to look inward and backward when faced with crisis and uncertainty. The legal profession could make greater advances by looking outward and forward to find in society and culture the causes of and connections with the legal profession’s crises. Doing so would allow the profession to grow with society, solve problems with rather than against the flow of society, and be more attuned to the society the profession claims to serve.

Aaron Swartz’S Fbi Files

United States Department of Justice: Publications

Aaron Hillel Swartz (November 8, 1986 – January 11, 2013) was an American computer programmer, writer, political organizer and Internet Hacktivist.

Swartz was involved in the development of the web feed format RSS, the organization Creative Commons, the website framework web.py and the social news site, Reddit, in which he became a partner after its merger with his company, Infogami. Swartz's later work focused on sociology, civic awareness and activism.

He helped launch the Progressive Change Campaign Committee in 2009 to learn more about effective online activism. In 2010 he became a research fellow at Harvard University's Safra Research Lab …

Aaron Swartz’S Secret Service Files

United States Department of Justice: Publications

These documents concern the indictment in Massachusetts for downloading JSTOR content from MIT library network.

Parts 1 & 2 are included in the main document.

Additional files are linked below, as follows:

Part 3 (3 files) -- 379 pages, 4067 pages (spreadsheet), & 190 pages (photos)

Part 4 -- 1 page

Part 5 -- 1 page

Part 6 -- 1 page

Part 7 -- 7 pages

Part 8 -- 237,397 pages (yes)

Part 9 -- 90 pages

Part 10 -- 259 pages

Part 11 -- 17 pages

Part 12 -- (not released as of 9/29/2014)

Part 13 -- 254 pages …

Seeing Clearly? Interpreting Model Rule 1.6(C) For Attorney Use Of Cloud Computing Technology, Myles G. Taylor

McGeorge Law Review

No abstract provided.

The Ethical Implications Of Cloud Computing For Lawyers, 31 J. Marshall J. Info. Tech. & Privacy L. 71 (2014), Stuart Pardau, Blake Edwards

UIC John Marshall Journal of Information Technology & Privacy Law

This paper aims to isolate the pertinent ethical issues of cloud computing and chart a sensible path forward for lawyers. Part II briefly introduces the concept of cloud computing. Part III discusses the lawyer‟s duties of confidentiality, of competence, to protect client property, and to oversee non-lawyers who are providing assistance. Part III also examines the application of these duties by the various state bar associations to the problem of cloud computing. Part IV looks at sample terms of use of some of the more popular vendors. Part V suggests that securing informed consent, employing specialty cloud providers, and purchasing …

The Professional, Spring 2014, Henry Latimer Center For Professionalism

The Professional Newsletter

The Professional is a publication of The Florida Bar Henry Latimer Center for Professionalism. It is published triannually and provides practical information regarding professionalism relevant to the practice of law in Florida.

The Professional, Fall 2014, Henry Latimer Center For Professionalism

The Professional Newsletter

The Professional is a publication of The Florida Bar Henry Latimer Center for Professionalism. It is published triannually and provides practical information regarding professionalism relevant to the practice of law in Florida.

Threats And Bullying By Prosecutors, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Part I of this Essay describes ten contexts in which prosecutors make threats and behave like bullies. Some of these contexts are familiar, such as grand jury proceedings or plea discussions, where threats are generally upheld. Threats in other contexts are not as easy to justify, such as threats to obtain testimony from prosecution witnesses, retaliating for the exercise of constitutional rights, forcing a waiver of civil rights claims, and publicly humiliating people. Other threats clearly are illegitimate and unethical, such as threats that drive defense witnesses off the stand, bringing criminal charges against outspoken critics and defense experts, and …

Remedial And Preventive Responses To The Unauthorized Practice Of Immigration Law, Monique C. Lillard

Articles

No abstract provided.

Overstepping Ethical Boundaries? Limitations On State Efforts To Provide Access To Justice In Family Courts, Jessica Dixon Weaver

Faculty Journal Articles and Book Chapters

Family law courts in America are overwhelmed with self-represented parties who try their best to navigate an unfamiliar territory laden with procedural and evidentiary rules. Efforts to level the playing field in these courts have resulted in state entities and judges taking on roles that previously belonged to attorneys. State supreme court judges and state agencies draft and promulgate family law forms, such as divorce pleadings and paternity acknowledgments, to provide poor citizens access to justice. While these efforts have resulted in positive outcomes for some families, reliance on the state’s imprimatur has caused significant harm to others. Upon closer …

Paternalistic Interventions In Civil Rights And Poverty Law: A Case Study Of Environmental Justice, Anthony V. Alfieri

Articles

No abstract provided.

Regulating Electronic Legal Support Across State And National Boundaries, Cassandra Burke Robertson

Faculty Publications

Technology and globalization are changing the practice of law and creating new challenges for lawyer regulation. Middle-class litigants who struggle to afford legal services — but are comfortable using online resources — are increasingly seeking and finding legal support online. State and national boundaries dissolve in the online marketplace, making it easy for attorneys to provide services to litigants in other jurisdictions. Differences in national economies make it cost effective for both clients and lawyers to engage in transnational practice, so that attorneys in India and other jurisdictions can offer legal support and advice to American litigants for as little …

When Counsel Abandonment Forecloses Post-Conviction Relief: An Argument For Applying The Doctrine Of Cause And Prejudice To The Aedpa Statute Of Limitations, Katherine I. Puzone

Faculty Scholarship

No abstract provided.

The Cost Of Avoidance: Pluralism, Neutrality, And The Foundations Of Modern Legal Ethics, Melissa Mortazavi

Faculty Articles

No abstract provided.

If You Can't Trust Your Lawyer, Who Can You Trust?: Why Conflicts Of Interest And Client Loyalty Require An Exception To The Intra-Firm Attorney-Client Privilege For Current Clients, Lindsey B. Sciavicco

Georgia Law Review

Until 2013, no court of last resort had ever addressed the issue of whether the attorney-client privilege shields communications between law firms and their in-house counsel regarding the potential liability to a current client. In that year, the Supreme Courts of Georgia and Massachusetts held that an intra-firm attorney-client privilege could shield such communications from discovery by a current client in a malpractice suit brought against the firm. Shortly after these holdings, the American Bar Association (ABA) adopted a resolution similarly advocating for courts to apply the attorney-client privilege to the intra-firm context. This Note contends that the recent case …

Building Blogs (And Law Firm Web Sites): Ethically, Effectively, Walter Effross

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The First Thing We Do, Jorge R. Roig

Scholarly Works

There is currently a concerted effort to dumb down America. In the midst of this, the American Bar Association’s Council of the Section on Legal Education and Admissions to the Bar recently agreed to propose that tenure for law professors be eliminated as a requirement for accreditation of law schools. This article analyzes the arguments for and against tenure in legal academia, and concludes that the main proposed justifications for eliminating tenure are highly questionable, at best. A lawyer is more than a legal technocrat. Lawyers are policy makers and public defenders. They are prosecutors and activists. And the development …

Prosecutors’ Disclosure Obligations In The U.S., Bruce A. Green, Peter A. Joy

Faculty Scholarship

The article offers information on the prosecutor's discovery disclosure obligation in the U.S. Topics discussed include efforts of defense attorney in the prosecutor's disclosure obligation, efforts beyond the professional discipline, and legal enforcement to promote and support the approach of prosecutor's disclosure obligation, and collection of material used as evidence in the civil or criminal litigation.

The Prosecutor’S Contribution To Wrongful Convictions, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

A prosecutor is viewed by the public as a powerful law enforcement official whose responsibility is to convict guilty people of crimes. But not everybody understands that a prosecutor’s function is not only to win convictions of law-breakers. A prosecutor is a quasi-judicial official who has a duty to promote justice to the entire community, including those people charged with crimes. Indeed, an overriding function of a prosecutor is to ensure that innocent people not get convicted and punished.

A prosecutor is constitutionally and ethically mandated to promote justice. The prosecutor is even considered a "Minister of Justice" who has …

Confronting The Two Faces Of Corporate Fraud, Miriam H. Baer

Faculty Scholarship

No abstract provided.

Mindful Ethics - A Pedagogical And Practical Approach To Teaching Legal Ethics, Developing Professional Identity, And Encouraging Civility, Jan L. Jacobowitz, Scott L. Rogers

Articles

Aristotle spoke of virtue and ethics as a combination of practical wisdom and habituation-an individual must learn from the application of critical reasoning skills to experience. Perhaps one of the earliest proclamations of the value of experiential learning, the Aristotelian view, reappears throughout history and is captured once again by the Carnegie Foundation's Report on Legal Education, which includes a call for instruction that provides practical skills and ethical grounding to complement the teaching of legal analysis. The Carnegie Report continues to play a role in the ongoing discussion of the need to reform legal education; a debate that is …

The Role Of Mindfulness In The Ongoing Evolution Of Legal Education, Scott L. Rogers

Articles

No abstract provided.

Cultivating Professional Identity & Creating Community: A Tale Of Two Innovations, Jan L. Jacobowitz

Articles

No abstract provided.

Positivist Legal Ethics Theory And The Law Governing Lawyers: A Few Puzzles Worth Solving, Amy Salyzyn

Hofstra Law Review

Debates about the proper boundaries of a lawyer’s role are far from new. A fresh spin on this old debate, however, has emerged with the "positivist turn" in legal ethics theory. While in legal theory scholarship the label "positivism" carries various nuances and controversies, its use in the legal ethics context is, as a general matter, more straightforward and uniform. Broadly speaking, positivist accounts of legal ethics share a general view that the law owes its normative content to its ability to solve coordination problems and settle moral controversies. This view of the law, in turn, informs a particular view …