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Full-Text Articles in Legal Ethics and Professional Responsibility

Vivas Nos Queremos: Feminicidio En Bolivia, Taslim Tavarez Garcia Apr 2016

Vivas Nos Queremos: Feminicidio En Bolivia, Taslim Tavarez Garcia

Independent Study Project (ISP) Collection

Bolivia uno de los países en latinoamérica que tiene una gran cantidad de feminicidios o mujeres asesinadas por hombres debido a su género y relación afectiva. Hay muchos problemas sobre las violaciones de derechos humanos que sufren las mujeres en razón de género. Con el enfoque de derechos de las víctimas y sus familiares, esta investigación pretende descubrir si ellas, tienen acceso a justicia en el sistema judicial de Bolivia . Específicamente analizando el efecto de antes y después de la ley 348: La Ley Integral Para Garantizar a Las Mujeres Una Vida Libre de Violencia. A través de una …

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A Welfarist Perspective On Lies, Ariel Porat, Omri Yadlin Apr 2016

A Welfarist Perspective On Lies, Ariel Porat, Omri Yadlin

Indiana Law Journal

Should a Muslim employee who, in order to avoid discrimination, falsely stated in his job interview that he is Christian be fired for his dishonesty? Should a buyer of a tract of land who, before contracting, conducted an expensive investigation that revealed a high likelihood of mineral deposits be subject to liability for fraud because he told the seller he knew nothing about the land’s mineral potential before purchase? Is a doctor violating her legal duties toward her patient if she convinces him to get vaccinated on the pretext that it is in his best interest when it is instead …

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Silencing Grand Jury Witnesses, R. Michael Cassidy Apr 2016

Silencing Grand Jury Witnesses, R. Michael Cassidy

Indiana Law Journal

This Article addresses one crucial aspect of the ongoing debate about grand jury transparency. Assuming that well over half the states and the federal government continue to employ the grand jury to investigate felony offenses, and assuming that these proceedings continue to be shielded from public view, should witnesses themselves be allowed to discuss their testimony with the press or with each other? This larger question raises two narrow but very important subsidiary issues. First, does a prosecutor who conditions a written proffer or cooperation agreement with a grand jury witness on the witness’s promise not to inform other targets, …

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Ethics For Examiners, Daniel J. Bussel Apr 2016

Ethics For Examiners, Daniel J. Bussel

Fordham Law Review

The inquisitorial bankruptcy examiner is sui generis in our system. He faces unique ethical quandaries and considerations, which require a code of ethics tailored to his role if he is to achieve fully the promise of improving Chapter 11 through the introduction of inquisitorial investigative methods. This Article attempts to point the way toward guidelines that will regulate the conduct of examiners to mitigate real, potential, and perceived abuses.

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It’S A Sin To Kill A Mockingbird: The Need For Idealism In The Legal Profession, Jonathan A. Rapping Apr 2016

It’S A Sin To Kill A Mockingbird: The Need For Idealism In The Legal Profession, Jonathan A. Rapping

Michigan Law Review

“[T]he first thing I lost in law school was the reason that I came.” This prescient quote by an unnamed law student defines, in a single sentence, our growing problem in training lawyers. From the moment he or she steps foot in a law school classroom, the future lawyer feels a strong pull to pursue a career that has nothing to do with justice. The law school experience will discourage the future lawyer from pursuing a career advocating for those in society who most need a voice. Once graduated, the young lawyer will enter a world where he or she …

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Guilt-Free Markets? Unconscionability, Conscience, And Emotions, Hila Keren Mar 2016

Guilt-Free Markets? Unconscionability, Conscience, And Emotions, Hila Keren

BYU Law Review

Despite record-level economic inequalities and a vast growth in market exploitation, courts remain surprisingly reluctant to exercise their power to invalidate the resulting predatory contracts. There is no doubt that courts are authorized to invalidate predatory contracts based on their unconscionability. There is, however, an ongoing debate regarding the desirability of utilizing this judicial power in a capitalist society. This Article enters the discussion from a unique angle: it focuses less on the bottom line of jurisprudence and more on the law’s expressive power—the fact that the law’s impact extends beyond its ability to sanction or reward behaviors. Specifically, the …

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Talk Don’T Touch? Considerations For Children’S Attorneys On The Physical Touch Of Clients, Andrea L. Dennis Mar 2016

Talk Don’T Touch? Considerations For Children’S Attorneys On The Physical Touch Of Clients, Andrea L. Dennis

Catholic University Law Review

Forming a positive attorney-client relationship with a child is a complex process that involves many considerations. Although it offers guidance on effectively communicating and creating a safe environment, the legal system has neglected to form appropriate standards governing physical touch of juvenile clients. There are numerous benefits to physical touch of clients. However, a lack of guidance on the appropriate ways to use physical touch creates the risk negative effects will result from the touch. Drawing from the standards of other child-focused professions, this Article provides guidelines for attorneys contemplating using physical touch to develop a positive rapport with child …

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Patent Attorney Malpractice: Case-Within-A-Case-Within-A-Case, A. Samuel Oddi Mar 2016

Patent Attorney Malpractice: Case-Within-A-Case-Within-A-Case, A. Samuel Oddi

Akron Intellectual Property Journal

This article will first provide a brief history of the jurisdictional controversy between federal courts and between federal courts and state courts. Then, the question will be examined of how the subject matter jurisdictional question has been resolved with respect to patent attorney malpractice cases to the extent it has been to date in the federal and state courts. The manner in which the case-within-a-case doctrine or methodology has been used in deciding the jurisdictional question will also be investigated. In addition, the relevance of the use of the judgment or non-judgment model to determine patent attorney malpractice will be …

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The Ethics Of Deception: Pretext Investigations In Trademark Cases, Phillip Barengolts Mar 2016

The Ethics Of Deception: Pretext Investigations In Trademark Cases, Phillip Barengolts

Akron Intellectual Property Journal

Pretext investigations of trademark infringement usually implicate one or more of four rules of professional responsibility: truthful communications, communications with adverse parties represented by counsel, communications with parties unrepresented by counsel, and the prohibition of deceptive behavior. There is an additional rule on using paralegals or non-lawyer assistants to do the actual investigation which also comes into play on occasion.

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The Lawyer's Duty Of Disclosure Ethics And Sarbanes-Oxley The New Conundrum For Patent Lawyers, Abraham C. Reich, Steven J. Rocci Mar 2016

The Lawyer's Duty Of Disclosure Ethics And Sarbanes-Oxley The New Conundrum For Patent Lawyers, Abraham C. Reich, Steven J. Rocci

Akron Intellectual Property Journal

The general purpose of this paper is to sensitize intellectual property lawyers to the potential impact on their practice created by Sarbanes-Oxley. At a more detailed level, and because of the unique challenges facing them, this paper addresses Sarbanes-Oxley's potential impact on patent lawyers who practice before the PTO, even when it is the patent lawyer's sole practice. To that end, this paper will highlight relevant portions of Rule 56, the relevant ethical code sections, and the pertinent considerations under Sarbanes-Oxley.

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Sutton V. United Airlines, Inc.: The Supreme Court "Substantially Limits" The Americans With Disabilities Act, Stephanie Beige Mar 2016

Sutton V. United Airlines, Inc.: The Supreme Court "Substantially Limits" The Americans With Disabilities Act, Stephanie Beige

Touro Law Review

No abstract provided.

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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.

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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.

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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.

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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.

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"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.

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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 …

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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.

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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.

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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.

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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.

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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.

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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.

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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 …

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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.

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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.

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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.

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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.

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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

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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.

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