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Legal Ethics and Professional Responsibility Commons™

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2020

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Articles 91 - 120 of 311

Full-Text Articles in Legal Ethics and Professional Responsibility

Gatekeepers, Cultural Captives, Or Knaves?: Corporate Lawyers Through Different Lenses, Donald C. Langevoort Apr 2020

Gatekeepers, Cultural Captives, Or Knaves?: Corporate Lawyers Through Different Lenses, Donald C. Langevoort

Fordham Law Review

Here, I simply want to move things forward in the study of the professional responsibility of corporate lawyers in two ways that are somewhat related. One is to push harder on consciousness by looking more closely at the lengthy continuum— not a binary yes/no—in the awareness of wrongdoing risk as heavily influenced by the “slippery slope.” That is a layman’s intuition put to use well beyond academic research: armchair philosophers have long understood that the road to hell is not only paved with good intentions but starts in small, often unconscious steps that gradually grow larger and harder to stop. …

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Forming Start-Up Companies: Who’S My Client?, Nancy J. Moore Apr 2020

Forming Start-Up Companies: Who’S My Client?, Nancy J. Moore

Fordham Law Review

Consider the following scenario: three individuals—a magician, a baker, and a puppeteer—want to start a business that will run birthday parties for children. The magician will put up most of the money, the baker has extensive experience with children’s birthday parties, and the puppeteer, who has an MBA, will manage the business. They meet with a lawyer to help them form a company, including advising them on such issues as choice of entity and allocation of ownership and control. Before the lawyer agrees to the representation, she must ask herself: “who will I represent?”

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Using General Counsel To Set The Tone For Work In Large Chapter 11 Cases, Nancy B. Rapoport Apr 2020

Using General Counsel To Set The Tone For Work In Large Chapter 11 Cases, Nancy B. Rapoport

Fordham Law Review

This Essay suggests that one way for the general counsel to help bankruptcy professionals make better staffing and budget decisions is to communicate her values more clearly to those professionals at the beginning of the engagement. In her role as the chief legal officer, the general counsel needs to let the bankruptcy professionals in on her thought processes. How does she watch over her own attorneys’ decisions in other types of cases? What expenses does she consider reasonable? If she takes an active role in monitoring her bankruptcy professionals’ work, her values (assuming that they’re good values) will contribute to …

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Chief Legal Officer 5.0, Omari Scott Simmons Apr 2020

Chief Legal Officer 5.0, Omari Scott Simmons

Fordham Law Review

This Essay builds upon the business-lawyer value-creation literature by analyzing the contemporary CLO and argues for an enhanced CLO role. It emphasizes the sometimes ignored and underemphasized demand-side considerations involved in the provision of legal services. These demand- side considerations will help to predict the competencies and expanded skill sets CLOs will need to navigate the challenging contemporary business environment. Part I of this Essay discusses CLOs’ sophisticated purchasing competencies. It explores how CLOs have revolutionized legal service provision by addressing problems stemming from information asymmetries between the client corporation and external legal service providers. Part II examines how the …

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Corporate Law As An Existential Project, David Yosifon Apr 2020

Corporate Law As An Existential Project, David Yosifon

Fordham Law Review

This Essay proposes that corporate law in particular can be a potent resource for the formation of meaning in our minds and in our lives.

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Getting In And Out Of The House: The Worlds Of In-House Counsel, Big Law, And Emerging Career Trajectories Of In-House Lawyers, Eli Wald Apr 2020

Getting In And Out Of The House: The Worlds Of In-House Counsel, Big Law, And Emerging Career Trajectories Of In-House Lawyers, Eli Wald

Fordham Law Review

The traditional story of in-house counsel is of a transformation and triumph over “Big Law” in a zero-sum game for power, prestige, and money. That story, however, is inaccurate descriptively, prescriptively, and normatively. Descriptively, in-house lawyers were part of the legal elite dominating corporate counseling before large law firms first rose to power and prominence. In-house counsel then lost ground and the position of general counsel to Big Law lawyers between the 1940s and 1970s, only to mount an impressive comeback to elite status beginning in the 1970s. Yet the in-house comeback was not a simple power struggle with Big …

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Transnational Fiduciary Law, Tamar Frankel Apr 2020

Transnational Fiduciary Law, Tamar Frankel

Faculty Scholarship

Fiduciary law is expanding throughout the world.1 It seems to be a new phenomenon, but in reality, it is not. Fiduciary law is ancient. It existed centuries ago in Mesopotamia, 2 Rome, 3 Egypt,4 Greece,5 as well as in Jewish 6 and Christian laws.7 Fiduciary duties arguably developed later in Great Britain when master landlords left for the holy land on religious crusades and had to rely on others to manage their estates.8 The ancient rules, such as those found in agency law in Mesopotamia, may not have been as sophisticated as the current ones-such …

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Geneva Statement On Heritable Human Genome Editing: The Need For Course Correction, Roberto Andorno, Francoise Baylis, Marcy Darnovsky, Donna Dickenson, Hille Haker, Katie Hasson, Leah Lowthorp, George J. Annas, Catherine Bourgain, Katherine Drabiak, Sigrid Graumann, Katrin Grüber, Matthias Kaiser, David King, Regine Kollek, Calum Mackellar, Jing-Bao Nie, Osagie K. Obasogie, Mirriam Tyebally Fang, Gabriele Werner-Felmayer, Jana Zuscinova Apr 2020

Geneva Statement On Heritable Human Genome Editing: The Need For Course Correction, Roberto Andorno, Francoise Baylis, Marcy Darnovsky, Donna Dickenson, Hille Haker, Katie Hasson, Leah Lowthorp, George J. Annas, Catherine Bourgain, Katherine Drabiak, Sigrid Graumann, Katrin Grüber, Matthias Kaiser, David King, Regine Kollek, Calum Mackellar, Jing-Bao Nie, Osagie K. Obasogie, Mirriam Tyebally Fang, Gabriele Werner-Felmayer, Jana Zuscinova

Faculty Scholarship

As public interest advocates, policy experts, bioethicists, and scientists, we call for a course correction in public discussions about heritable human genome editing. Clarifying misrepresentations, centering societal consequences and concerns, and fostering public empowerment will support robust, global public engagement and meaningful deliberation about altering the genes of future generations.

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"Agape" And The Life And Work Of Robert F. Cochran, Jr., Angela C. Carmella Mar 2020

"Agape" And The Life And Work Of Robert F. Cochran, Jr., Angela C. Carmella

Pepperdine Law Review

The life and work of Robert Cochran can be summed up in one word: discipleship. Professor Cochran’s work reflects deeply on Jesus’s words and ministry—His agapic love for all humanity—as they relate to the substance of law and its administration. Professor Cochran’s work establishes two important principles: the need to focus on Jesus’s love as the starting place for analysis and the need to reclaim justice as a central Christian concept. His many volumes help us to understand how it is possible to comprehend lawmaking as an act of agapic love. Further, they provide a roadmap for the Christian’s journey, …

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Responding To Covid‐19: How To Navigate A Public Health Emergency Legally And Ethically, Lawrence O. Gostin, Eric A. Friedman, Sarah A. Wetter Mar 2020

Responding To Covid‐19: How To Navigate A Public Health Emergency Legally And Ethically, Lawrence O. Gostin, Eric A. Friedman, Sarah A. Wetter

Georgetown Law Faculty Publications and Other Works

Widespread social separation is rapidly becoming the norm, including closure of schools and universities, tele-commuting to work, bans on large gatherings, and millions of people isolated in their homes or make-shift facilities. Bans on international travel are already pervasive. Domestic travel restrictions are exceedingly rare, but now within the realm of possibility. Officials are even discussing cordon sanitaires (guarded areas where people may not enter or leave), popularly described as “lockdowns” or mass quarantines.

When the health system becomes stretched beyond capacity, how can we ethically allocate scarce health goods and services? How can we ensure that marginalized populations can …

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Barack Obama: From An End To Terror To Drone Wars And Isis, Gabriel Rubin Mar 2020

Barack Obama: From An End To Terror To Drone Wars And Isis, Gabriel Rubin

Department of Justice Studies Faculty Scholarship and Creative Works

Barack Obama attempted to recalibrate presidential rhetoric on the terror threat. He made far fewer speeches about terrorism than George W. Bush did. Yet, despite some efforts to the contrary, he continued many of Bush’s policies—and in the case of targeted assassinations using drones (unmanned aerial vehicles), went further than Bush. The analysis of Obama’s rhetoric on terrorism shows a president who both wants to distance himself from his predecessor and one who wants to be seen as tough on terrorism. In the final analysis, Obama’s rhetoric and policies hewed rather closely to George W. Bush’s. This chapter raises questions …

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George W. Bush, Policy Selling And Agenda-Setting After 9/11, Gabriel Rubin Mar 2020

George W. Bush, Policy Selling And Agenda-Setting After 9/11, Gabriel Rubin

Department of Justice Studies Faculty Scholarship and Creative Works

George W. Bush successfully set the agenda for an expansive, global war against terrorists after the 9/11 attacks. This agenda was not inevitable, it arose from an interpretation of events and of America’s adversaries that leaned on global conflict, cultural differences, and the presumption of evil intent. Bush’s speech-making successfully led to the conflicts in Iraq and Afghanistan, civil liberty-reducing legislation, and a large institutional edifice dedicated to counterterrorism. The themes Bush’s speeches evoked and the agendas and policies that these speeches set are covered in this chapter.

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Donald Trump, Twitter, And Islamophobia: The End Of Dignity In Presidential Rhetoric About Terrorism, Gabriel Rubin Mar 2020

Donald Trump, Twitter, And Islamophobia: The End Of Dignity In Presidential Rhetoric About Terrorism, Gabriel Rubin

Department of Justice Studies Faculty Scholarship and Creative Works

Donald Trump’s rhetoric is markedly different than that of just about every other American president. Trump’s speeches on terrorism and his related Islamophobia and anti-immigrant rhetoric are examined in this chapter. Trump’s use of Twitter and view of the presidency as a “permanent campaign” keep his followers in a state of near-permanent mobilization. Trump uses the rhetoric of fear to push his followers against Muslims and immigrants by linking terrorism to both groups. As Jeffrey Tulis opines, Trump is America’s first demagogue. This chapter highlights how Trump’s demagoguery and novel method for communicating with his followers has framed the terror …

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Is Law A Discipline? Forays Into Academic Culture, Gene R. Shreve Mar 2020

Is Law A Discipline? Forays Into Academic Culture, Gene R. Shreve

Cleveland State Law Review

This Article explores academic culture. It addresses the reluctance in academic circles to accord law the full stature of a discipline. It forms doubts that have been raised into a series of four criticisms. Each attacks an academic feature of law, inviting the question: Is law different from the rest of the university in a way damaging its stature as an academic discipline? The Article concludes that, upon careful examination of each criticism, none establishes a difference between law and other disciplines capable of damaging law’s stature.

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Professional Identity Formation Through Pro Bono Revealed Through Conversation Analysis, Linda F. Smith Mar 2020

Professional Identity Formation Through Pro Bono Revealed Through Conversation Analysis, Linda F. Smith

Cleveland State Law Review

Law school is supposed to teach legal analysis and lawyering skills as well as mold law students’ professional identities. Pro bono work provides an opportunity for law students to use their legal knowledge and skills and to develop their identities as emerging legal professionals. As important as both pro bono work and identity formation are, there has been very little research regarding how pro bono contributes to students’ identity formation. This Article utilizes a data set of over forty student-client consultations at a pro bono brief advice project that have been recorded and transcribed. It uses conversation analysis to study …

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Student Reflections On Leadership, Benjamin George, Halle Rose, Samantha Xu Mar 2020

Student Reflections On Leadership, Benjamin George, Halle Rose, Samantha Xu

The International Journal of Ethical Leadership

No abstract provided.

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Are We Ready For Artificial Ethics: A.I. And The Future Of Ethical Decision Making, Shannon E. French, Kiju Lee, Margaret Kibben, Susannah Rose Mar 2020

Are We Ready For Artificial Ethics: A.I. And The Future Of Ethical Decision Making, Shannon E. French, Kiju Lee, Margaret Kibben, Susannah Rose

The International Journal of Ethical Leadership

No abstract provided.

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What Were You Thinking: Discovering Your Moral Philosophy Using The Forensic Approach, Richard Mcconnell, Evan Westgate Mar 2020

What Were You Thinking: Discovering Your Moral Philosophy Using The Forensic Approach, Richard Mcconnell, Evan Westgate

The International Journal of Ethical Leadership

No abstract provided.

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Contributors, The Contributors Mar 2020

Contributors, The Contributors

The International Journal of Ethical Leadership

No abstract provided.

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Talking Foreign Policy, Radio Broadcasts Mar 2020

Talking Foreign Policy, Radio Broadcasts

The International Journal of Ethical Leadership

No abstract provided.

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Contributors, The Contributors Mar 2020

Contributors, The Contributors

The International Journal of Ethical Leadership

No abstract provided.

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In Re Government Attorney-Client Privilege: A Categorical Rule To Settle The Issue, Luke Charette Mar 2020

In Re Government Attorney-Client Privilege: A Categorical Rule To Settle The Issue, Luke Charette

Washington and Lee Law Review Online

This Note explores the reasoning and factors used by each of the federal circuits in deciding whether or not to uphold attorney-client privilege between the government and the lawyers representing it. After considering those factors, this Note argues that there should be a categorical rule that neither a state nor the federal government may invoke the attorney-client privilege in response to a criminal grand jury subpoena. To justify this conclusion, this Note outlines how current government attorney-client privilege case law, as well as the policy underpinnings of the privilege itself, dictate that a categorical rule is appropriate.

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Talking Foreign Policy, Radio Broadcast Feb 2020

Talking Foreign Policy, Radio Broadcast

The International Journal of Ethical Leadership

No abstract provided.

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Why Ethical Leadership Matters: A Case Study To Improve Military Specialists' Employee Retention Rates, David J. Kritz Feb 2020

Why Ethical Leadership Matters: A Case Study To Improve Military Specialists' Employee Retention Rates, David J. Kritz

The International Journal of Ethical Leadership

No abstract provided.

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Le Cong Co: A Vietnamese Legacy Of Ethical Leadership, James A. Schnell Feb 2020

Le Cong Co: A Vietnamese Legacy Of Ethical Leadership, James A. Schnell

The International Journal of Ethical Leadership

No abstract provided.

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Ethics Advising A Wells Fargo Whistleblower: A Story Of Early Wrongdoing, Thomas Creely Feb 2020

Ethics Advising A Wells Fargo Whistleblower: A Story Of Early Wrongdoing, Thomas Creely

The International Journal of Ethical Leadership

No abstract provided.

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Bridging The Canyon: Coming To Terms With Cross-Cultural Differences In Ethical Leadership, Howard Ernst Feb 2020

Bridging The Canyon: Coming To Terms With Cross-Cultural Differences In Ethical Leadership, Howard Ernst

The International Journal of Ethical Leadership

No abstract provided.

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Strategic Dissent: Obedience, Choice, And Agency For The Military Officer, Reuben Brigety Feb 2020

Strategic Dissent: Obedience, Choice, And Agency For The Military Officer, Reuben Brigety

The International Journal of Ethical Leadership

No abstract provided.

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Marian Wright Edelman, 2017 Inamori Prize Recipient, Vanitha Raguveer Feb 2020

Marian Wright Edelman, 2017 Inamori Prize Recipient, Vanitha Raguveer

The International Journal of Ethical Leadership

No abstract provided.

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Peter Eigen, 2016 Inamori Prize Recipient, Roston Shore Feb 2020

Peter Eigen, 2016 Inamori Prize Recipient, Roston Shore

The International Journal of Ethical Leadership

No abstract provided.

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