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Legal Ethics and Professional Responsibility Commons™

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2019

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Institution
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Articles 121 - 150 of 244

Full-Text Articles in Legal Ethics and Professional Responsibility

Myth Of The Attorney Whistleblower, Carliss N. Chatman Jan 2019

Myth Of The Attorney Whistleblower, Carliss N. Chatman

Scholarly Articles

Notwithstanding the political grandstanding and legal regimes put in place to prevent the next Enron, this article explores whether attorney whistleblower provisions provided in the Standards of Professional Conduct for Attorneys Appearing and Practicing Before the Commission in the Representation of an Issuer and in the Model Rules of Professional Conduct are effective. When faced with attorney involvement in Enron, Congress passed § 307 of the Sarbanes Oxley Act (Sarbanes), which required the Securities and Exchange Commission (SEC) to amend its standards governing the conduct of attorneys practicing before the SEC. In response, the SEC and the American Bar Association …

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On Mootness: The New York State Rifle Pistol Association V. The City Of New York, New York, Thomas Reuter Jan 2019

On Mootness: The New York State Rifle Pistol Association V. The City Of New York, New York, Thomas Reuter

Fordham Undergraduate Law Review

The principles of limited government, separation of powers, and federalism have become ubiquitous colloquialisms echoed in the halls of legislatures, courts, and research institutions. Despite preconceived notions, these principles are not partisan. Their application may be debated, but their importance is not denied. This Note examines the limits of the Supreme Court of the United States as established in Article III of the United States Constitution. Specifically, it defines the standards of justiciability and examines one element: mootness. The Note looks at a 2013 New York City case regarding Second Amendment rights: The New York State Rifle Pistol Association v. …

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#Metoo, Meet Inclusivity: Criminal Procedure In Sexual Assault Cases Should Include People With Intellectual Disabilities, Mercy Adoga Jan 2019

#Metoo, Meet Inclusivity: Criminal Procedure In Sexual Assault Cases Should Include People With Intellectual Disabilities, Mercy Adoga

Fordham Undergraduate Law Review

This Note explores the legal history of criminal law involving sexual assault cases of persons with intellectual disabilities from 1989 to the present day. The nuances of this legal history will be analyzed through the lens of State v. Scherzer, otherwise known as the Glen Ridge case of 1989. This Note will analyze the effect the Glen Ridge case had on later cases, and how the criminal justice system continues to treat intellectually disabled survivors of sexual assault. Statistics show that people who have intellectual disabilities are more likely to be sexually assaulted, and that the conviction rate for these …

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Professional Judgment In An Era Of Artificial Intelligence And Machine Learning, Frank A. Pasquale Jan 2019

Professional Judgment In An Era Of Artificial Intelligence And Machine Learning, Frank A. Pasquale

Faculty Scholarship

Though artificial intelligence (AI) in healthcare and education now accomplishes diverse tasks, there are two features that tend to unite the information processing behind efforts to substitute it for professionals in these fields: reductionism and functionalism. True believers in substitutive automation tend to model work in human services by reducing the professional role to a set of behaviors initiated by some stimulus, which are intended to accomplish some predetermined goal, or maximize some measure of well-being. However, true professional judgment hinges on a way of knowing the world that is at odds with the epistemology of substitutive automation. Instead of …

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Eminent Domain In New York City, Aiden Hannon Jan 2019

Eminent Domain In New York City, Aiden Hannon

Fordham Undergraduate Law Review

On the first of February, 2008, the United States Court of Appeals for the Second Circuit upheld the condemnation and subsequent development of several Brooklyn properties in Vanderbilt Yards that were obstructing the construction of a new stadium for the New Jersey Nets. The rationale behind the decision in Goldstein v. Pataki derives from the Fifth Amendment’s Takings Clause, which holds that “private property [shall not] be taken for public use without just compensation.” The new construction project would bring a National Basketball Association franchise to Brooklyn, theoretically raising the tax revenue and creating more jobs, alongside sixteen high-rise apartments …

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What Are We Really Eating?: An Analysis Of Food Labeling Transparency, Lily Van Petten Jan 2019

What Are We Really Eating?: An Analysis Of Food Labeling Transparency, Lily Van Petten

Fordham Undergraduate Law Review

Understanding a nutrition label can often be like deciphering ancient hieroglyphics. This Note examines the ethical and legal constraints of food nutrition labeling with specific key words such as “all-natural” and “superfood” in the United States. The subject of nutrition in the law is first explored through the 2018 lawsuit Rice v. National Beverage Corp. Many educated, nutritionally informed citizens still do not have a clear grasp of what chemicals and other synthetic ingredients they are consuming when buying popular brands. Large food companies use persuasive marketing to attract consumers, especially through misrepresenting nutritional data. In this case specifically, Lenora …

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Genetic Patient Reform In The United States: The Growing Problem With § 101, Abigail Carlson Jan 2019

Genetic Patient Reform In The United States: The Growing Problem With § 101, Abigail Carlson

Fordham Undergraduate Law Review

With revolutionary findings in the biomedical industry growing exponentially, patents are more crucial than ever in crediting researchers for their property. Many of these patents are of genetic material which have rattled the fabric of trademark law. This paper aims to assess § 101 of the Patent Act and where genetic patents fall under the existing clauses. While most genetically modified patents have been upheld in the courts, precedent has established that there has to exist a certain degree of modification to the material to maintain the patent. This is because genetic material falls under the exception of the laws …

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Whistleblowing As A Ciceronian Moral Obligation To The State, Hailey Sylvander Jan 2019

Whistleblowing As A Ciceronian Moral Obligation To The State, Hailey Sylvander

Fordham Undergraduate Law Review

This Note explores the public law of whistleblowing through the lens of the Ancient Roman philosopher Marcus Tullius Cicero (106-43 BC). It first describes the current discourse on whistleblowing, justifications for whistleblowing, and a contemporary jurisprudential theory that examines those justifications. Then, the Note will explain Cicero’s theory on one’s duty to the state through acceptable public behavior, and how it relates to jurisprudence via the lens of morality. Next, the Note will apply Cicero’s theory to the case Department of Homeland Security v. Maclean to illustrate how the Supreme Court of the United States (the “Court”) has used precedent …

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Special Counsel Investigations And Legal Ethics: The Role Of Secret Taping, Peter A. Joy Jan 2019

Special Counsel Investigations And Legal Ethics: The Role Of Secret Taping, Peter A. Joy

Duquesne Law Review

No abstract provided.

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Second-Best Criminal Case, William Ortman Jan 2019

Second-Best Criminal Case, William Ortman

Law Faculty Research Publications

No abstract provided.

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Civility, Courtesy, Professionalism And Behaving Responsibly In An Age Of Rudeness, Leonard Pertnoy Jan 2019

Civility, Courtesy, Professionalism And Behaving Responsibly In An Age Of Rudeness, Leonard Pertnoy

Intercultural Human Rights Law Review

As members of the legal profession, we live out who we are by our actions, and it is time this includes good manners, disciplined behavior, and respect for each other and for the legal system. It is these requirements that are at the core of maintaining and preserving our democratic system. Perhaps it is time to supplement the code of professional responsibility with a code of personal behavior to ensure civility in courts. Toward this end, I propose the following: The Twelve Commandments of Professional Behavior

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Conflicts Of Interest And Law-Firm Structure, Cassandra Burke Robertson Jan 2019

Conflicts Of Interest And Law-Firm Structure, Cassandra Burke Robertson

Faculty Publications

Business and law are increasingly practiced on a transnational scale, and law firms are adopting new business structures in order to compete on this global playing field. Over the last decade, global law firms have merged into so-called “mega-brands” or “mega-firms”—that is, associations of national or regional law firms that join together under a single brand worldwide. For law firms, the most common mega-firm structure has been the Swiss verein, though the English “Company Limited by Guarantee” structure is growing in popularity as well, as is the similar “European Economic Interest Grouping.” All of these structures allow related entities to …

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What Is The Best Model For Investigating Presidential Wrongdoing, Today?, Bruce Ledewitz Jan 2019

What Is The Best Model For Investigating Presidential Wrongdoing, Today?, Bruce Ledewitz

Duquesne Law Review

No abstract provided.

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Prosecutors In The Court Of Public Opinion, Bruce A. Green Jan 2019

Prosecutors In The Court Of Public Opinion, Bruce A. Green

Duquesne Law Review

No abstract provided.

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I, Too, Sing America: Presidential Pardon Power And The Perception Of Good Character, Jalila Jefferson-Bullock Jan 2019

I, Too, Sing America: Presidential Pardon Power And The Perception Of Good Character, Jalila Jefferson-Bullock

Duquesne Law Review

No abstract provided.

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Law School And Professional Identity Formation, Patrick Emery Longan, Daisy Hurst Floyd, Timothy W. Floyd Jan 2019

Law School And Professional Identity Formation, Patrick Emery Longan, Daisy Hurst Floyd, Timothy W. Floyd

Articles

Law school is a transformative process. Students learn things that lawyers need to know and learn how to do some of the things that lawyers do. But that is not all. Beyond knowledge and skill, law students absorb lessons about the professional values that are supposed to guide the deployment of their newfound knowledge and skill.

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When Peer Pressure Is Not Enough: Mandatory Disclosure And Third-Party Funding, Sarah Gilcrest Jan 2019

When Peer Pressure Is Not Enough: Mandatory Disclosure And Third-Party Funding, Sarah Gilcrest

Arbitration Brief

No abstract provided.

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Licensing Paralegals To Practice Law: A Path Toward Bridging The Justice Gap In Minnesota, Conner Suddick Jan 2019

Licensing Paralegals To Practice Law: A Path Toward Bridging The Justice Gap In Minnesota, Conner Suddick

Departmental Honors Projects

There are few legal avenues for low-income and other marginalized groups in the United States to seek civil justice. A lack of legal assistance in civil issues can be detrimental to a person’s health and wellbeing. Given this reality, the legal profession must broaden its capacity to serve these needs, and one path is to embrace the aid of paralegals. In 2016, the legal community of Minnesota had conversations about whether the state should provide limited licenses to paralegals. To study models from across the country, the Minnesota State Bar Association (MSBA) formed the Alternative Legal Models Task Force. In …

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University Legal Counsel: The Role And Its Challenges, Sally Gunz, Marianne M. Jennings Jan 2019

University Legal Counsel: The Role And Its Challenges, Sally Gunz, Marianne M. Jennings

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

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Attorney-Client Communication In Public Defense: A Qualitative Examination, Janet Moore, Vicki L. Plano Clark, Lori A. Foote, Jacinda K. Dariotis Jan 2019

Attorney-Client Communication In Public Defense: A Qualitative Examination, Janet Moore, Vicki L. Plano Clark, Lori A. Foote, Jacinda K. Dariotis

Faculty Articles and Other Publications

This article presents a qualitative research approach to exploring attorney-client communication in an urban public defense system. The study drew upon procedural justice theory [PJT], which emphasizes relationships between satisfaction with system procedures and compliance with system demands. Interpretive analysis of interview data from 22 public defense clients revealed four major themes. PJT accounted well for three themes of communication time, type, and content, highlighting relationships between prompt, iterative, complete communication and client satisfaction. The fourth theme involved clients exercising agency, often due to dissatisfaction with attorney communication. This theme was better accommodated by legal consciousness theory, which emphasizes that …

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Florida Legal Malpractice Law: Commentary And Forms, Robert Jarvis Jan 2019

Florida Legal Malpractice Law: Commentary And Forms, Robert Jarvis

Faculty Scholarship

No abstract provided.

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Conference Report: Handling Allegations Of Corruption In Arbitration And Judicial Dispute Settlement, Adam Briscoe, Björn Arp Jan 2019

Conference Report: Handling Allegations Of Corruption In Arbitration And Judicial Dispute Settlement, Adam Briscoe, Björn Arp

Arbitration Brief

No abstract provided.

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When Less Is More: The Limitless Potential Of Limited Scope Representation To Increase Access To Justice For Low- To Moderate-Income Individuals, Kristy D'Angelo-Corker Jan 2019

When Less Is More: The Limitless Potential Of Limited Scope Representation To Increase Access To Justice For Low- To Moderate-Income Individuals, Kristy D'Angelo-Corker

Faculty Scholarship

No abstract provided.

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The Duty To Establish, Monitor, And Enforce: How Today’S Corporate Compliance Standards Provide A Workable Model To Limit Defamation And Protect First Amendment Freedoms, Timothy L. Fort, Melissa Latini Jan 2019

The Duty To Establish, Monitor, And Enforce: How Today’S Corporate Compliance Standards Provide A Workable Model To Limit Defamation And Protect First Amendment Freedoms, Timothy L. Fort, Melissa Latini

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

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Fisheries Management In American Samoa And The Expanding Application Of Parens Patriae Standing To Challenge Federal Administrative Action, Kamaile A.N. Turčan Jan 2019

Fisheries Management In American Samoa And The Expanding Application Of Parens Patriae Standing To Challenge Federal Administrative Action, Kamaile A.N. Turčan

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

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Just Another School?: The Need To Strengthen Legal Protections For Students Facing Disciplinary Transfers, Miranda Johnson, James Naughton Jan 2019

Just Another School?: The Need To Strengthen Legal Protections For Students Facing Disciplinary Transfers, Miranda Johnson, James Naughton

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

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Rethinking Religious Objections (Old-Testament Based) To Same-Sex Marriage, Doron M. Kalir Jan 2019

Rethinking Religious Objections (Old-Testament Based) To Same-Sex Marriage, Doron M. Kalir

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

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Self-Interest Rightly Understood: The Case Against Attorneys Receiving The Sec Whistleblower Bounty, Chelsea A. Bollman Jan 2019

Self-Interest Rightly Understood: The Case Against Attorneys Receiving The Sec Whistleblower Bounty, Chelsea A. Bollman

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

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The Purposes Of Title Vii, Chuck Henson Jan 2019

The Purposes Of Title Vii, Chuck Henson

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

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Laboratories Of Democracy: Exploring State Constitutional Law Jan 2019

Laboratories Of Democracy: Exploring State Constitutional Law

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

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