Legal Ethics and Professional Responsibility Commons^™

Should Courts Construe Single-Subject Clauses To Be Mandatory?, Ladarien Harris

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Cultivating State Constitutional Law To Form A More Perfect Union—Indiana’S Story, Loretta H. Rush, Marie F. Miller

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

In Restraint Of Wages: The Implications Of “No-Poaching” Agreements, John A. Capobianco

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Dogma Lives Loudly Within Them: Revisiting The Role Of The No Religious Test Clause In Senate Confirmation Hearings, Kyle Smith

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Notice Requirement For Enjoining Contingent And Future Claimants In § 363 Sales, Charles Sterrett

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

American Horror Story: The Fcc’S Chilling Indecency Policy, Colleen E. O'Connor

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

State Constitutionalism And The Puzzle Of Entrenchment, Daniel B. Rodriguez

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Regulation Of Lawyers In Government Beyond The Client Representation Role, Ellen Yaroshefsky

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Attorney-Client Privilege And The Kovel Doctrine: Should Wisconsin Extend The Privilege To Communications With Third-Party Consultants?

Marquette Law Review

In today’s marketplace, the way that corporations conduct business is drastically changing, and lawyers are increasingly relying on third-party consultants, such as accountants or investment bankers, to facilitate them in providing accurate legal advice to corporate clients. Despite this reliance, whether the attorney–client privilege protects the communications between an attorney and a third-party consultant is often questioned. In United States v. Kovel, the Second Circuit found that the attorney–client privilege extended to communications between an attorney and a third-party consultant who acted as an interpreter. However, both federal and state courts have since split over the proper scope of the …

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

Marquette Law Review

Both attorneys and judges take an oath to promote justice for all, however,

that is not the case in our current system. The world we live in today looks

incredibly different than it did just a few years ago and, as a result, the practice

of law must adapt to meet the changing needs of individuals in this new era.

Notably, the access to justice problem, specifically affecting low- to moderateincome

individuals, requires a shift in the availability of legal services

provided. Limited scope representation, which has been accepted by the

American Bar Association for 20+ years, where an attorney …

The Outsized Influence Of The Fcpa?, Veronica Root Martinez

Faculty Scholarship

The current power and influence of the Foreign Corrupt Practices Act (“FCPA”) is really quite remarkable when one considers the statute was largely ignored for its first twenty-five years of existence. This statute, meant to reign in corruption by United States companies doing business abroad; has generated billions of dollars in revenue for the United States government; prompted the development of law firm practice groups and law school courses; become the subject of numerous scholarly articles; and has, arguably, made anti-bribery efforts the highest of priorities for multinational corporations engaged in robust compliance efforts. Corporations, scholars, and the public would …

Should Robots Prosecute And Defend?, Stephen E. Henderson

Oklahoma Law Review

No abstract provided.

Artificial Wisdom? A Potential Limit On Ai In Law (And Elsewhere), Joshua P. Davis

Oklahoma Law Review

No abstract provided.

Ai/Esq.: Impacts Of Artificial Intelligence In Lawyer-Client Relationships, Chris Chambers Goodman

Oklahoma Law Review

No abstract provided.

Don't Call Me Sweetheart: Why The Aba's New Rule Addressing Harrassment And Discrimination Is So Important For Women Working In The Legal Profession Today, Kristy D'Angelo-Corker

Faculty Scholarship

No abstract provided.

Qualified Immunity And The Clear, But Unclear First Amendment Right To Film Police, Doori Song

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Ties That Do Not Bind: The Rules That Keep Lawyers And Accountants Separate, Lawrence A. Wesco

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Chilling Effect Of Ag-Gag Laws On Unexpected Parties & The Free Market, Samantha Darnell

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Electric Transmission Lines As A Gateway To Renewable Energy: The “Power” Rests With The States, Luke Franz

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

A Real Options Analysis Of Pleading Standards, Chris Bach

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Evading Jurisdiction: How To Hold Burundi Accountable For Human Rights Violations After Withdrawal From The International Criminal Court, Katherine Lessing

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Constitutional Scrutiny Of Natural Gas Storage: Why Taxing Temporarily Stored Natural Gas On Its Interstate Journey Offends The Commerce Clause, Kyle Mason

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Regulating Prosecutors’ Courtroom Misconduct, Bruce A. Green

Faculty Scholarship

Trial prosecutors’ visible misbehavior, such as improper questioning of witnesses and improper jury arguments, may not seem momentous. Sometimes, the improprieties are simply the product of poor training or overenthusiasm. In many cases, they pass unremarked. As the Chicago Eight trial illustrated, trial prosecutors’ improprieties may also be overshadowed by the excesses of other trial participants—the witnesses, the defendants, the defense lawyers, or even the trial judge. And when noticed, prosecutors’ trial misbehavior can ordinarily be remedied, and then restrained, by a capable trial judge. It is little wonder that disciplinary authorities, having bigger fish to fry, are virtually indifferent …

Between Brady Discretion And Brady Misconduct, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The Supreme Court’s decision in Brady v. Maryland presented prosecutors with new professional challenges. In Brady, the Supreme Court held that the prosecution must provide the defense with any evidence in its possession that could be exculpatory. If the prosecution fails to timely turn over evidence that materially undermines the defendant’s guilt, a reviewing court must grant the defendant a new trial. While determining whether evidence materially undermines a defendant’s guilt may seem like a simple assessment, the real-life application of such a determination can be complicated. The prosecution’s disclosure determination can be complicated under the Brady paradigm because the …

The Problem Of The Faithless Principal: Fiduciary Theory And The Capacities Of Clients, W. Bradley Wendel

Penn State Law Review (2003 - Present)

Philosophers sometimes criticize the lawyer-client relationship for rendering the lawyer “at best systematically amoral.” Legal ethics theorists typically analyze the lawyer-client relationship in terms of role-differentiation or a separation of public and private moralities. But if we concentrate instead on the allocation of responsibility for decisionmaking within a fiduciary relationship, the idea of differentiation or separation of moral spheres falls away somewhat . This Article considers two issues raised by the allocation of moral responsibility within the lawyer-client relationship. First, why should the agency structure of the lawyer-client relationship, with its associated fiduciary duties, do anything to affect the moral …

Doing Justice: Judging And Jewish Values, Judith Bartnoff

American University Law Review

No abstract provided.

Cannabis Law, The Constitution, And The Aba Model Rules, Hayley Hollis

Lewis & Clark Law Review

Though a growing number of states have legalized recreational or medical cannabis use, cannabis is still categorized as a Schedule I substance under the Controlled Substances Act, and its use, possession, and cultivation are federal offenses. This conflict between state and federal law creates a unique challenge for the legal community. Unless states with legalized cannabis programs have amended their state rules of professional conduct or provided advisory opinions on the matter, local attorneys assume a great deal of risk when representing clients within the cannabis industry.

To further complicate matters, what happens when a lawyer, who is licensed to …

Rudolph Giuliani And The Ethics Of Bullshit, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Lawyers are communicators. They communicate with clients, courts, adversaries, juries, witnesses, and the public. Lawyers have a special responsibility for the quality of justice. Their communications, therefore, are hedged by various ethical rules to ensure that their statements are knowledgeable, truthful, respectful, and not prejudicial to the administration of justice. But lawyers are not always knowledgeable of the facts. In fact, they sometimes behave disrespectfully, and stray from the truth. False statements by lawyers may be made unwittingly, sometimes intentionally, and sometimes with an indifference, even a contempt for the truth. Discourse of the latter kind may be characterized as …

"You Have The Data"...The Writ Of Habeas Data And Other Data Protection Rights: Is The United States Falling Behind?, Sarah L. Lode

Indiana Law Journal

In Part I of this Note, I will discuss the writ of habeas data that has been developed primarily, but not exclusively, in Latin American countries. I will discuss the intricacies of the writ, how it evolved, and how it is applied today. Using Argentina as an example, I will discuss how the writ would be used by an Argentine citizen to protect her personal data. Part II summarizes the previously employed data protection scheme in the European Union, the Data Protection Directive (“the Directive”), and will also discuss the new EU data protection regulation, the General Data Protection Regulation …

Lead Us Not Into Temptation: A Response To Barbara Fedders’S “Opioid Policing”, Anna Roberts

Indiana Law Journal

In “Opioid Policing,”1 Barbara Fedders contributes to the law review literature the first joint scholarly analysis of two drug policing innovations: Seattle’s Law Enforcement Assisted Diversion (LEAD) program and the Angel Initiative, which originated in Gloucester, Massachusetts. Even while welcoming the innovation and inspiration of these programs, she remains clear-eyed about the need to scrutinize their potential downsides. Her work is crucially timed. While still just a few years old, LEAD has been replicated many times2 and appears likely to be replicated still further—and to be written about much more. Inspired by Fedders’s call for a balanced take, this Response …