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Legal Ethics and Professional Responsibility Commons™
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Articles 211 - 240 of 7945
Full-Text Articles in Legal Ethics and Professional Responsibility
Responsible Ai: Applications And Ethical Considerations, Emuesiri Oduaran, Skye Ese Oduaran
Responsible Ai: Applications And Ethical Considerations, Emuesiri Oduaran, Skye Ese Oduaran
Communications of the IIMA
As artificial intelligence (AI) rapidly transforms industries and societies, its applications present both immense opportunities and significant ethical challenges. This paper explores the concept of Responsible AI, emphasizing the importance of integrating ethical considerations into AI development and deployment. It examines a range of AI applications, from healthcare and finance to autonomous systems, highlighting their potential to drive innovation while also raising concerns about bias, privacy, accountability, and job displacement. The paper evaluates the ethical principles that should guide AI design, including transparency, fairness, privacy protection, and human oversight. Furthermore, it critically analyzes the current landscape of AI governance, identifying …
Ai In Law Libraries: Discussing Ethical Considerations And A Way Forward, Joshua Levine
Ai In Law Libraries: Discussing Ethical Considerations And A Way Forward, Joshua Levine
Library Staff Articles
This review examines the AALL 2025 program “AI in Law Libraries: Discussing Ethical Considerations and a Way Forward,” focusing on the ethical challenges artificial intelligence presents for law librarians and legal professionals. The author highlights discussions on the Model Rules of Professional Conduct, responsible and transparent use of AI, risks such as hallucinations and bias, and broader concerns including environmental impact and the future of human labor. The review emphasizes that the program raised important questions rather than definitive solutions, underscoring the need for ongoing, profession-wide dialogue as AI continues to evolve.
The Role Of "Light Plagiarism" In Legal Writing , From A Recent Practitioner's Perspective, Donna L. Eng
The Role Of "Light Plagiarism" In Legal Writing , From A Recent Practitioner's Perspective, Donna L. Eng
UF Law Faculty Publications
Because practitioners are pressured to complete their tasks as quickly and efficiently as possible, lawyers regularly use documents previously drafted by other lawyers as a starting point for their drafting. Law students may be surprised to learn that in the modern practice of law, plagiarism is so widely accepted and encouraged. This article proposes several reasons why Legal Writing Professors should consider addressing that fact by discussing the process by which many lawyers draft documents in the real-world practice of law today.
First, the rules against plagiarism do not relate to the real-world practice of law. Unlike law students, who …
Laboratories Of Judicial Ethics: A Comparative Analysis Of Judicial Conduct Commissions In Tennessee, Rhode Island, And North Carolina, And Their Implications For Regulating The U.S. Supreme Court, Johnny Galloway
William & Mary Bill of Rights Journal
It is hardly necessary to recite the recent ethics controversies that have embroiled the Supreme Court. In the last several years, several revelations have rocked the Supreme Court and led members of Congress, President Joe Biden, and the public to question the Court’s ethical standards and impartiality. Whether the Court’s partiality and imprudence are real or perceived, recent developments like these have spurred calls for a binding code of ethics to be either adopted voluntarily by the Court or imposed involuntarily by congressional action. Given the fierce debate over ethics regulation of the U.S. Supreme Court, it is noteworthy that …
Legal Insurance And Its Limits, Nora Freeman Engstrom
Legal Insurance And Its Limits, Nora Freeman Engstrom
Michigan Law Review
Courts are buckling under the weight of a staggering access-to-justice crisis. In three-quarters of cases, at least one side lacks a lawyer, default judgments are on the rise, and most Americans with valid claims never take legal action. The situation is dire, and it understandably has policymakers casting about for a fix. On the menu are a range of uncontroversial reform ideas, such as expanding legal aid, supporting system simplification, and promoting pro bono. But it is increasingly clear that those measures—even if accomplished—would not make a dent in the problem. Attention is thus turning to other reform ideas, such …
How The Billable Hour Can Survive Generative Ai, Jonah Perlin
How The Billable Hour Can Survive Generative Ai, Jonah Perlin
Georgetown Law Faculty Publications and Other Works
The legal profession is rapidly adopting generative AI technology. With this shift has come an increasingly common assumption that generative AI will significantly reduce or even bring an end to hourly billing. The logic underlying this conclusion seems intuitive: if AI reduces the time lawyers spend on certain tasks while eliminating others altogether, then the total number of billable hours will fall. That decline, in turn, could threaten the financial viability of hourly billing, despite its place as the dominant law firm compensation model over the past half century.
This Article challenges this assumption. It argues instead that the billable …
Dual-Purpose Communications And The Modern Attorney's Need For Circuit Court Uniformity, Kipp Garrett
Dual-Purpose Communications And The Modern Attorney's Need For Circuit Court Uniformity, Kipp Garrett
St. John's Law Review
(Excerpt)
In January 2023, the Supreme Court of the United States heard oral arguments in In re Grand Jury regarding the proper and applicable test to determine whether attorney-client privilege can be invoked in dual-purpose communications between a business and its legal counsel. Attorneys across the country were hoping the Court would provide an answer, ending the three-way circuit split concerning the appropriate test. Unfortunately, the Court ultimately dismissed certiorari as “improvidently granted” without an explanation. As a result, there are three major tests that federal courts use to decide whether communications between businesses and their legal counsel are protected: …
The Ethics Of Industry-Funded Speakers’ Bureaus—How They Disseminate Innovation And Could Corrupt Medicine, Jennifer E. Miller, Christopher Robertson
The Ethics Of Industry-Funded Speakers’ Bureaus—How They Disseminate Innovation And Could Corrupt Medicine, Jennifer E. Miller, Christopher Robertson
Faculty Scholarship
It is often said that a business without marketing is dead. But when a medical product is marketed irresponsibly, it is patients who may pay with their lives. In this context, Wieberdink et al1 examine participation in industry-sponsored speakers’ bureaus by academic clinical faculty, conceptualizing the practice as a form of conflicted and irresponsible pharmaceutical marketing. Reviewing 129 US allopathic medical school conflict-of-interest (COI) policies, they found that less than 40% prohibit industry speakers’ bureau participation outright, while 19% impose conditional restrictions, such as requiring that faculty retain control over presentation content. Wieberdink et al1 advocate for a …
Presentation Of The Jacob Burns Center Award For Professional Courage To: Liv Oyer, Jacob Burns Center For Ethics In The Practice Of Law, Jessica A. Roth, Liz Oyer
Presentation Of The Jacob Burns Center Award For Professional Courage To: Liv Oyer, Jacob Burns Center For Ethics In The Practice Of Law, Jessica A. Roth, Liz Oyer
2025–2026 Flyers
Ms. Oyer will be joined in conversation with Professor Jessica Roth, Co-Director of the Jacob Burns Center for Ethics in the practice of Law.
Barbarians At The Gate Or Angels At The Crossroads? Examining The Impact Of The Uk Green Taxonomy On Private Equity Firms, Melek Redzheb, Fatjon Kaja
Barbarians At The Gate Or Angels At The Crossroads? Examining The Impact Of The Uk Green Taxonomy On Private Equity Firms, Melek Redzheb, Fatjon Kaja
Brooklyn Journal of Corporate, Financial & Commercial Law
This Article explores whether the UK Green Taxonomy will foster sustainable corporate governance in private equity-backed portfolio companies. We explore how the Taxonomy will address the greenwashing problem that plagues financial markets, including the private equity industry. Our analysis suggests that general partners will have a twofold response to the new reforms. In the short term, they will seek to address the social concerns of limited partners by negatively screening unsustainable companies and cherry-picking more sustainable ones (the so-called “exit” strategy). In the long term, however, they will adopt a dynamic strategy to transform unsustainable targets into sustainable enterprises on …
The Dubious Role Of Institutional Investors In Driving The Green Transition: Legal And Economic Constraints, Giovanni Strampelli
The Dubious Role Of Institutional Investors In Driving The Green Transition: Legal And Economic Constraints, Giovanni Strampelli
Brooklyn Journal of Corporate, Financial & Commercial Law
There is a well-established trend that the process of transition to a sustainable economic growth model marked by the pursuit of environmental, social and governance (“ESG”) objectives has large companies at its center, which are considered an essential hub for this purpose given their weight in the global economy. In this context, the role of shareholders, especially institutional investors, plays an important role. Indeed, it is widely recognized that they, having an increasing prominence in the shareholder base of large, listed companies, can push these public companies to adopt more virtuous conduct in the areas of, among others, environmental protection …
Court Appointed Monitorships: Effective Remedy Or Modern Misstep?, Jean Joun
Court Appointed Monitorships: Effective Remedy Or Modern Misstep?, Jean Joun
Brooklyn Journal of Corporate, Financial & Commercial Law
When a corporate entity or organization violates the law, there are several remedies the courts may enforce against the bad actor. Most common are damages—both compensatory and punitive—and injunctive relief. The class of injunctive relief that most are familiar with is the kind that restrains the bad actor from a conduct or behavior. However, courts in certain instances may decide, either on their own volition or after being asked to consider such a remedy by a prosecuting entity, to appoint a compliance monitor with the function of ensuring that the bad actor continues traversing a legally sound path. Although court-ordered …
Organizing For Abolition In Ice Custody, Sarah R. Sherman-Stokes
Organizing For Abolition In Ice Custody, Sarah R. Sherman-Stokes
Faculty Scholarship
The final Immigration and Customs Enforcement (“ICE”) detainees were released from the Irwin County Detention Center in early September 2021.2 A court did not order the end of ICE detention at Irwin. A social movement, led by people detained at Irwin, had a pronounced impact on the epistemological landscape and changed both normative principles and public opinion.3 Those detained at Irwin organized and acted to create new understanding of law and protect their rights in ways that courts and legislatures could not. This Essay tells the story of that demosprudential project; a dialectic between legal elites and people …
In Re: Discipline Of Hardeep Sull, 141 Nev. Adv. Op. 13 (2025), Mckay Herrera
In Re: Discipline Of Hardeep Sull, 141 Nev. Adv. Op. 13 (2025), Mckay Herrera
Nevada Supreme Court Summaries
AN attorney had violated NRPC 1.15 and 1.16(d) to deposit an advanced fee into the firm’s client trust account and failing to account for and refund client funds after the client terminated her representation.
Reforming The Indian Bar: The Limits Of Technological Solutions, Varsha Aithala, Karthik Suresh
Reforming The Indian Bar: The Limits Of Technological Solutions, Varsha Aithala, Karthik Suresh
Articles
A majority of Indians do not have effective access to legal services, despite the constitutional promise of access to justice. There are two intertwined reasons for this: the unavailability of a sufficient number of good quality lawyers, and the high costs of accessing legal services. The Indian legal profession is highly unequal, with ‘prestige’ being the currency of upward professional mobility. The professional regulator, the Bar Council of India, simply lacks the capacity to regulate quality. As a consequence, clients lack the information to access lawyers, and to understand the outcomes they desire from them, and the fees they have …
Mitigating Ai Bias With Prompt Augmentation, Verónica C. Gonzales
Mitigating Ai Bias With Prompt Augmentation, Verónica C. Gonzales
Faculty Scholarship
Large-language-model (“LLM”) outputs are inevitably shaped by assumptions, biases, and attitudes rooted in racism and other systemic inequities embedded in the civil-law tradition. This Equity-in-Justice CLE focuses on helping civil legal service providers recognize and work to eliminate biases in generative AI outputs through equity-centered prompt augmentation and engineering. These small, cost-free interventions re-orient LLMs assistance toward fairness, cultural competency, and client-centered outcomes. Participants leave with an action plan for embedding anti-bias safeguards in everyday research, drafting, and client communication tasks.
August 2025 Annual Report, Perlmutter Center For Legal Justice At Cardozo Law
August 2025 Annual Report, Perlmutter Center For Legal Justice At Cardozo Law
Perlmutter Center Reports
The August 2025 Annual Report documents the Perlmutter Center for Legal Justice’s work at Cardozo Law during Spring and Summer 2025, highlighting major legal victories, partnerships, student clinical programs, policy advocacy, community outreach, and staff achievements. Prepared for The Laura and Isaac Perlmutter Foundation, it details the Center’s efforts to address wrongful convictions, challenge flawed forensic science, expand pro bono collaborations, and advance criminal justice reform, while also providing staff updates, financial information, and program impact summaries.
The Role Of Proactive Management Based Regulation In Assisting Lawyers And Promoting Public Protection, Susan Saab Fortney
The Role Of Proactive Management Based Regulation In Assisting Lawyers And Promoting Public Protection, Susan Saab Fortney
Akron Law Review
No abstract provided.
Can The Law Protect My Craft? How Gaps In Copyright Of Knitting Patterns Symbolize A Greater Struggle For Protecting Traditionally Feminine Forms Of Intellectual Property, Kysa Walzer
Seattle University Law Review
The purpose of this article is to demonstrate the application of intel-lectual property rights within the context of copyright protection of knit-ting patterns. The article will discuss the underutilization of copyright pro-tection for knitters and crafters and its larger impact upon craft and indus-try traditionally comprised of women. Part I introduces knitting patterns and a short history of copyright protections. Part II discusses the specific areas within knitting patterns and the knitting community which give rise to legal grey areas for copyright protection. Part III discusses the larger implications of copyright and intellectual property in spaces where women traditionally make …
Keynote Address: Community Over Constitution, Riddhi Mukhopadhyay
Keynote Address: Community Over Constitution, Riddhi Mukhopadhyay
Seattle University Law Review
In this keynote address, Riddhi Mukhopadhyay challenges the veneration of the U.S. Constitution by highlighting its origins in exclusion and its continued failure to protect marginalized communities. Drawing from her experience in civil legal aid and gender justice, she argues that the Constitution was drafted to consolidate power among white, wealthy men and continues to reflect that legacy through racial, gender, and class-based inequities. While acknowledging the significance of constitutional amendments and landmark cases, Mukhopadhyay emphasizes that meaningful change has always come from community-led action, not top-down reform. Additionally, Mukhopadhyay calls on lawyers and legal advocates to center community, practice …
The Lost Child: A Critique On Transracial Adoption Rhetoric, Hallie Conyers-Tucker
The Lost Child: A Critique On Transracial Adoption Rhetoric, Hallie Conyers-Tucker
Seattle University Law Review
Transracial adoption in the United States reflects a deeply rooted history of colonialism, cultural assimilation, and racial hierarchy, masked by rhetoric focused on the “best interest of the child.” The author critiques that rhetoric and traces how adoption practices and policies, both domestic and international, have evolved to reinforce systemic inequities. Through historical analysis of the forced adoption of Native American, Black, and Asian children, it reveals how the best interest standard has been wielded not to protect children but to uphold political and racial ideologies. The author argues that the prevailing adoption framework relies on child-saving and color-blind narratives …
A Global Reconstruction: Black Internationalism And The Human Rights Regime, Britta Redwood
A Global Reconstruction: Black Internationalism And The Human Rights Regime, Britta Redwood
Seattle University Law Review
Black American advocates for civil, political, and economic rights have long taken an internationalist approach and fostered connections with international organizations and transnational movements. This engagement has also been a generative force and played role in shaping international law. Beginning in the early years of the twentieth century, Black intellectuals and leaders, spearheaded by the NAACP and the UNIA, focused on human rights as a means for addressing and repairing the harms wrought by slavery, Jim Crow, and racism. From the Paris Peace Conference of 1919 through the Universal Declaration of Human Rights, the Genocide Convention, and the drafting of …
The Gap: Addressing The Missing Piece In HawaiʻI’S Anti-Discrimination Laws On Credit And Lending, Wendy Mun
The Gap: Addressing The Missing Piece In HawaiʻI’S Anti-Discrimination Laws On Credit And Lending, Wendy Mun
Seattle University Law Review
This author addresses the significant gap in Hawaiʻi’s anti-discrimination laws, specifically the lack of explicit protections for LGBTQ+ individuals against credit and lending discrimination. Although federal laws like the Equal Credit Opportunity Act (ECOA) and recent interpretations by the Consumer Financial Protection Bureau (CFPB) extend some protections, they remain vulnerable to shifting federal priorities and interpretations. The author explores how other states, particularly California and Washington, have enacted robust statutory protections that clearly prohibit credit discrimination based on sexual orientation and gender identity. They argue that Hawaiʻi, despite its large LGBTQ+ population, must amend its credit protection laws to reflect …
The U.S. Drug Policy Hamster Wheel: A Critical Discourse Analysis Of Seattle’S New Drug Ordinance, Hallie Conyers-Tucker
The U.S. Drug Policy Hamster Wheel: A Critical Discourse Analysis Of Seattle’S New Drug Ordinance, Hallie Conyers-Tucker
Seattle University Law Review
The author critically examines Seattle’s new drug ordinance using Critical Discourse Analysis (CDA) to reveal how legislative language influences the policy's actual effect. Although the ordinance claims to prioritize diversion and community health, the use of permissive language such as “may” and “shall” grants broad discretionary power to law enforcement and undermines the stated intent. The author situates the ordinance within a broader historical context, highlighting how drug policy in the United States has consistently been shaped by racialized and stigmatizing narratives. Additionally, the author argues that meaningful reform requires reframing the discourse around substance use to support public health …
Something Concrete: How Labor Advocates Can Best Respond To The Ambiguity Of Glacier Northwest, Ateş Serifsoy
Something Concrete: How Labor Advocates Can Best Respond To The Ambiguity Of Glacier Northwest, Ateş Serifsoy
Seattle University Law Review
The Supreme Court’s much-anticipated decision in Glacier North-west, Inc. v. International Brotherhood of Teamsters Local No. 174 (Glacier) marked a critical moment for workers’ rights under the National Labor Relations Act (NLRA) and the longstanding practice of Garmon preemption. Yet, initial fears of a significant rollback of workers’ rights, driven by sensational headlines, were met with an unexpectedly narrow Court opinion. This Comment examines Glacier’s implications for Gar-mon preemption and the right to strike. It offers the historical background of the doctrine of labor law preemption before Glacier; presents a detailed analysis of Glacier itself, including its …
A New Exclusionary Rule To Protect Bodily Integrity And Discourage Pretext Stops, Josephine Ross
A New Exclusionary Rule To Protect Bodily Integrity And Discourage Pretext Stops, Josephine Ross
Seattle University Law Review
The author proposes a novel state-level exclusionary rule to reduce racial profiling and protect bodily autonomy during police encounters. The current Fourth Amendment jurisprudence fails to deter pretextual stops and frisks because the exclusionary rule often turns on officer fault and "good faith," allowing racially motivated practices to go unchecked. As federal rollbacks on diversity and data collection hinder efforts to track racial bias, the author argues for a statutory evidentiary rule that automatically excludes drug evidence found during (1) traffic stops, (2) pat-downs for weapons, and (3) consent searches, regardless of an officer’s intent or the legality of the …
Navahine V. HawaiʻI Dept. Of Transportation: The Keiki Will Lead Us, Catherine Smith
Navahine V. HawaiʻI Dept. Of Transportation: The Keiki Will Lead Us, Catherine Smith
Seattle University Law Review
The author analyzes the landmark case Navahine v. Hawaiʻi Department of Transportation, which culminated in the world’s first constitutional climate settlement. Catherine Smith, serving as an expert for the youth plaintiffs, situates the case within Hawaiʻi’s legal tradition of prioritizing children’s rights and intergenerational equity. She explores the evolution of children’s constitutional protections, contrasting Hawaiʻi’s progressive jurisprudence with the dominant adult-centric legal framework on the mainland. She critiques four recurring analytical missteps in U.S. courts that marginalize children’s interests and highlights Hawaiʻi’s public trust doctrine and cultural values, such as the Aloha Spirit, as models for addressing climate-related harms. …
Constitutional Futurism As Pedagogy, Jeremiah Chin
Constitutional Futurism As Pedagogy, Jeremiah Chin
Seattle University Law Review
Constitutional Law has transformed from a course on history to a discussion of current events. Cases like Students for Fair Admissions v. Harvard College, Dobbs v. Jackson Women’s Health Organization, and Loper Bright Enterprises v. Raimondo reveal that the study of constitutional law is not a static, or even linear, discussion of constitutional text and history. Law is a shifting, changing enterprise that reflects social constructions of power, authority, and identity. How do we teach, learn, and understand constitutional law that is so laden with history, riddled with theories of consistency and adherence to precedent, but ultimately subject …