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

Legal Ethics and Professional Responsibility Commons

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

2016

Discipline
Institution
Keyword
Publication
Publication Type

Articles 91 - 120 of 244

Full-Text Articles in Legal Ethics and Professional Responsibility

Strategic Evidence Issues In Equal Employment Litigation, Marc Rosenblum Mar 2016

Strategic Evidence Issues In Equal Employment Litigation, Marc Rosenblum

Touro Law Review

No abstract provided.


Principles, Politics And Privilege: How The Crime-Fraud Exception Can Preserve The Strength Of The Attorney-Client Privilege For Government Lawyers And Their Clients, Michael W. Glenn Mar 2016

Principles, Politics And Privilege: How The Crime-Fraud Exception Can Preserve The Strength Of The Attorney-Client Privilege For Government Lawyers And Their Clients, Michael W. Glenn

Fordham Urban Law Journal

No abstract provided.


A Sum Uncertain: Preserving Due Process And Preventing Default Judgments In Consumer Debt Buyer Lawsuits In New York, Conor P. Duffy Mar 2016

A Sum Uncertain: Preserving Due Process And Preventing Default Judgments In Consumer Debt Buyer Lawsuits In New York, Conor P. Duffy

Fordham Urban Law Journal

No abstract provided.


The Practice Of Law As A Useful Art: Toward An Alternative Theory Of Professionalism, Norman W. Spaulding Mar 2016

The Practice Of Law As A Useful Art: Toward An Alternative Theory Of Professionalism, Norman W. Spaulding

Fordham Urban Law Journal

No abstract provided.


"Professionalism" As Pathology: The Aba's Latest Pollicy Debate On Nonlawyer Ownership Of Law Practice Entities, Ted Schneyer Mar 2016

"Professionalism" As Pathology: The Aba's Latest Pollicy Debate On Nonlawyer Ownership Of Law Practice Entities, Ted Schneyer

Fordham Urban Law Journal

No abstract provided.


The Framing Effects Of Professionalism: Is There A Lawyer Cast Of Mind? Lessons From Compliance Programs, Robert Eli Rosen, Christine E. Parker, Vibeke Lehmann Nielson Mar 2016

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

Fordham Urban Law Journal

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 …


A History Of Professionalism: Julius Henry Cohen And The Professions As A Route To Citizenship, Rebecca Roiphe Mar 2016

A History Of Professionalism: Julius Henry Cohen And The Professions As A Route To Citizenship, Rebecca Roiphe

Fordham Urban Law Journal

No abstract provided.


Nothing New Under The Sun: How The Legal Profession's Twenty-First Century Challenges Resemble Those Of The Turn Of The Twentieth Century, Russell G. Pearce, Pam Jenoff Mar 2016

Nothing New Under The Sun: How The Legal Profession's Twenty-First Century Challenges Resemble Those Of The Turn Of The Twentieth Century, Russell G. Pearce, Pam Jenoff

Fordham Urban Law Journal

No abstract provided.


Implications Of Globalization For The Professional Status Of Lawyers In The United States And Elsewhere, Nancy J. Moore Mar 2016

Implications Of Globalization For The Professional Status Of Lawyers In The United States And Elsewhere, Nancy J. Moore

Fordham Urban Law Journal

No abstract provided.


In Defense Of The Business Of Law, Judith A. Mcmorrow Mar 2016

In Defense Of The Business Of Law, Judith A. Mcmorrow

Fordham Urban Law Journal

No abstract provided.


The Law: Business Or Profession?: The Continuing Relevance Of Julius Henry Cohen For The Practice Of Law In The Twenty-First Century, Samuel J. Levine Mar 2016

The Law: Business Or Profession?: The Continuing Relevance Of Julius Henry Cohen For The Practice Of Law In The Twenty-First Century, Samuel J. Levine

Fordham Urban Law Journal

No abstract provided.


An Entrepreneurial Perspective On The Business Of Being In Our Profession, Steven H. Hobbs Mar 2016

An Entrepreneurial Perspective On The Business Of Being In Our Profession, Steven H. Hobbs

Fordham Urban Law Journal

No abstract provided.


Rehabilitating Lawyers: Perceptions Of Deviance And Its Cures In The Lawyer Reinstatement Process, Bruce Green, Jane Campbell Moriarty Mar 2016

Rehabilitating Lawyers: Perceptions Of Deviance And Its Cures In The Lawyer Reinstatement Process, Bruce Green, Jane Campbell Moriarty

Fordham Urban Law Journal

State courts’ approach to lawyer admissions and discipline has not changed fundamentally in the past century. Courts still place faith in the idea that “moral character” is a stable trait that reliably predicts whether an individual will be honest in any given situation. Although research in neuroscience, cognitive science, psychiatry, research psychology, and behavioral economics (collectively “cognitive and social science”) has influenced prevailing concepts of personality and trustworthiness, courts to date have not considered whether they might change or refine their approach to “moral character” in light of scientific insights. This Article examines whether courts should reevaluate how they decide …


Remarks: The Declining Role Of Outside Counsel In Enhancing Ethical Conduct By Corporations, Jed S. Rakoff Mar 2016

Remarks: The Declining Role Of Outside Counsel In Enhancing Ethical Conduct By Corporations, Jed S. Rakoff

Seattle University Law Review

Judge Rakoff’s remarks from the seventh annual Berle Symposium, held May 26–27, 2015 at Seattle University School of Law.


Can Negligent Referral To Another Attorney Constitute Legal Malpractice?, Barry R. Temkin Mar 2016

Can Negligent Referral To Another Attorney Constitute Legal Malpractice?, Barry R. Temkin

Touro Law Review

No abstract provided.


Growing Up With Scout And Atticus: Getting From To Kill A Mockingbird Through Go Set A Watchman, Rob Atkinson Mar 2016

Growing Up With Scout And Atticus: Getting From To Kill A Mockingbird Through Go Set A Watchman, Rob Atkinson

Scholarly Publications

No abstract provided.


Monroe Freedman's Contributions To Lawyers: Engagement, Energy, And Ethics, Lawrence K. Fox, Susan R. Martyn Mar 2016

Monroe Freedman's Contributions To Lawyers: Engagement, Energy, And Ethics, Lawrence K. Fox, Susan R. Martyn

Hofstra Law Review

The article celebrates the life and career of the late American law teacher Monroe H. Freedman, and it mentions Freedman's lectures to attorneys about legal ethics, as well as information about Freedman's energy and his willingness to engage with practising lawyers and legal scholars.


The Essential Monroe Freedman, In Four Works, Michael Tigar Mar 2016

The Essential Monroe Freedman, In Four Works, Michael Tigar

Hofstra Law Review

The article celebrates the life and career of the late American law teacher Monroe H. Freedman, and it mentions four of the law review articles that Freedman composed and published which address topics such as the practice of law, prosecutorial ethics, and capital punishment attorneys and judges


Midtown With Monroe, James Sample Mar 2016

Midtown With Monroe, James Sample

Hofstra Law Review

The article celebrates the life and career of the late American law teacher Monroe Freedman, and it mentions a judicial recusal debate and the author's experiences during an automobile ride in the Midtown Manhattan section of New York, New York with Freedman.


Monroe Freedman: The Ethicist Of The Non-Ideal, W. Bradley Wendel Mar 2016

Monroe Freedman: The Ethicist Of The Non-Ideal, W. Bradley Wendel

Hofstra Law Review

The article celebrates the life and career of the late American law teacher Monroe H. Freedman, and it mentions Freedman's role as a legal ethicist, attorney-client relations, and Freedman's work in the development of theoretical legal ethics in the U.S.


Monroe Freedman's Influence On Legal Education, Peter A. Joy Mar 2016

Monroe Freedman's Influence On Legal Education, Peter A. Joy

Hofstra Law Review

Monroe Freedman’s influence on legal education was profound by any measure. He was much more than a gifted scholar and teacher, though he was all of those, as well as an accomplished lawyer. He was also the antithesis of a law professor disconnected from the practice of law who produces scholarship that has little to no relationship to the practice of law. Instead, Monroe Freedman’s scholarship was singularly focused on the difficult ethical issues lawyers face in the practice of law, and he was fully engaged with the practicing bar. Much of his scholarship was on the leading edge of …


Evolving Standards Of Reasonableness: The Aba Standards And The Right To Counsel In Plea Negotiations, Margaret Colgate Love Feb 2016

Evolving Standards Of Reasonableness: The Aba Standards And The Right To Counsel In Plea Negotiations, Margaret Colgate Love

Fordham Urban Law Journal

The ABA Criminal Justice Standards have been recognized by the Supreme Court as one of the most important sources for determining lawyer competence in right to counsel cases. Because the constitutional test under the Sixth Amendment is whether defense counsel’s performance was “reasonable” under “prevailing professional norms,” the standard of competence is necessarily an evolving one. The Supreme Court's decision in Padilla v. Kentucky underscores the defense bar’s stake in participating in the ABA standard-setting process to guide the development of defense counsel's obligations in plea negotiations. In addition, to the extent the courts give the ABA Standards credence in …


Recovering Judicial Integrity: Toward A Duty-Focused Disqualification Jurisprudence Based On Jewish Law, Shlomo Pill Feb 2016

Recovering Judicial Integrity: Toward A Duty-Focused Disqualification Jurisprudence Based On Jewish Law, Shlomo Pill

Fordham Urban Law Journal

No abstract provided.


In-House Counsel Beware!, Katrice Bridges Copeland Feb 2016

In-House Counsel Beware!, Katrice Bridges Copeland

Fordham Urban Law Journal

No abstract provided.


Internalizing Private Prison Externalities: Let's Start With The Ged, David M. Siegel Feb 2016

Internalizing Private Prison Externalities: Let's Start With The Ged, David M. Siegel

Notre Dame Journal of Law, Ethics & Public Policy

Prison education is a remarkably good investment for society, yet an increasing proportion of inmates have no access to it because the operators of the prisons in which they are held have a powerful incentive not to provide it: they make more money that way. Critics and analysts of private prison operators have suggested various incentive structures to improve their performance, but most jurisdictions focus on the operator’s cost to the contracting entity. The social costs imposed by foregoing prison education are not part of the arrangement between a private prison operator and a jurisdiction with which it contracts. Although …


The Battle To Define The Scope Of Attorney-Client Privilege In The Context Of Insurance Company Bad Faith: A Judicial War Zone, Steven Plitt, Joshua D. Rogers Feb 2016

The Battle To Define The Scope Of Attorney-Client Privilege In The Context Of Insurance Company Bad Faith: A Judicial War Zone, Steven Plitt, Joshua D. Rogers

The University of New Hampshire Law Review

[Excerpt] "The attorney-client privilege is the "oldest of the privileges for confidential communications known to the common law."' The privilege is "[d]eeply rooted in public policy," and plays a 'vital role' in the administration of justice." As such, the privilege is "traditionally deemed worthy of maximum legal protection"' and "it remains one of the most carefully guarded privileges and is not readily to be whittled down." The privilege has come under assault in the insurance bad faith context in recent decades resulting in a "whittling down" of the privilege for insurance companies as a target party. Over the past couple …


Towards Collaboration Between Lawyers And Social Workers: A Content Analysis Of Joint Degree Programs, Ifem E. Orji Feb 2016

Towards Collaboration Between Lawyers And Social Workers: A Content Analysis Of Joint Degree Programs, Ifem E. Orji

Dissertations, Theses, and Capstone Projects

Collaboration is a central issue in the interdisciplinary education of social work and law students. Joint JD/MSW degrees have the potential to promote collaboration between practitioners of law and social work in areas where their practices converge. The 1969 recommendations by the National Conference of Lawyers and Social Workers (NCLSW) to establish these joint degree programs assumed that collaborative learning would occur within them. However, prior research has not investigated whether or not this occurs. The purpose of this dissertation was to determine whether evidence of the intent to promote collaboration was present in written materials associated with joint degree …


Just Because I'M Paranoid Doesn't Mean I'M Not Being Followed: Using Tracking Or Rather Do Not Track Features, Sharon Bradley Jan 2016

Just Because I'M Paranoid Doesn't Mean I'M Not Being Followed: Using Tracking Or Rather Do Not Track Features, Sharon Bradley

Continuing Legal Education Presentations

Provides guidance on the technology competency standards in the ABA Model Rules of Professional Conduct, and offers practical tips for protecting personal privacy and professional documents.


1968 Campaign Notes, Monroe Freedman Jan 2016

1968 Campaign Notes, Monroe Freedman

1968 Campaign

Description goes here


Lawyers And The Secret Welfare State, Milan Markovic Jan 2016

Lawyers And The Secret Welfare State, Milan Markovic

Faculty Scholarship

This Article suggests that the United States maintains a secret welfare state. The secret welfare state exists because of lawyers’ ubiquitous use of questionable practices in representing clients before benefit-granting government agencies, which enable thousands of individual to collect public benefits who may not qualify for them. This Article focuses in particular on lawyers’ handling of evidence of nondisability in Social Security Disability Insurance (SSDI) proceedings and participation in Medicaid planning. It may be possible that the legal profession’s central role in the distribution of public benefits is an obstacle to a fairer and more transparent social safety net.