Legal Ethics and Professional Responsibility Commons^™

Monroe Freedman: The Ethicist Of The Non-Ideal, W. Bradley Wendel

Hofstra Law Review

The article celebrates the life and career of the late American law teacher Monroe H. Freedman, and it mentions Freedman's role as a legal ethicist, attorney-client relations, and Freedman's work in the development of theoretical legal ethics in the U.S.

Monroe Freedman's Influence On Legal Education, Peter A. Joy

Hofstra Law Review

Monroe Freedman’s influence on legal education was profound by any measure. He was much more than a gifted scholar and teacher, though he was all of those, as well as an accomplished lawyer. He was also the antithesis of a law professor disconnected from the practice of law who produces scholarship that has little to no relationship to the practice of law. Instead, Monroe Freedman’s scholarship was singularly focused on the difficult ethical issues lawyers face in the practice of law, and he was fully engaged with the practicing bar. Much of his scholarship was on the leading edge of …

Evolving Standards Of Reasonableness: The Aba Standards And The Right To Counsel In Plea Negotiations, Margaret Colgate Love

Fordham Urban Law Journal

The ABA Criminal Justice Standards have been recognized by the Supreme Court as one of the most important sources for determining lawyer competence in right to counsel cases. Because the constitutional test under the Sixth Amendment is whether defense counsel’s performance was “reasonable” under “prevailing professional norms,” the standard of competence is necessarily an evolving one. The Supreme Court's decision in Padilla v. Kentucky underscores the defense bar’s stake in participating in the ABA standard-setting process to guide the development of defense counsel's obligations in plea negotiations. In addition, to the extent the courts give the ABA Standards credence in …

Recovering Judicial Integrity: Toward A Duty-Focused Disqualification Jurisprudence Based On Jewish Law, Shlomo Pill

Fordham Urban Law Journal

No abstract provided.

In-House Counsel Beware!, Katrice Bridges Copeland

Fordham Urban Law Journal

No abstract provided.

Internalizing Private Prison Externalities: Let's Start With The Ged, David M. Siegel

Notre Dame Journal of Law, Ethics & Public Policy

Prison education is a remarkably good investment for society, yet an increasing proportion of inmates have no access to it because the operators of the prisons in which they are held have a powerful incentive not to provide it: they make more money that way. Critics and analysts of private prison operators have suggested various incentive structures to improve their performance, but most jurisdictions focus on the operator’s cost to the contracting entity. The social costs imposed by foregoing prison education are not part of the arrangement between a private prison operator and a jurisdiction with which it contracts. Although …

The Battle To Define The Scope Of Attorney-Client Privilege In The Context Of Insurance Company Bad Faith: A Judicial War Zone, Steven Plitt, Joshua D. Rogers

The University of New Hampshire Law Review

[Excerpt] "The attorney-client privilege is the "oldest of the privileges for confidential communications known to the common law."' The privilege is "[d]eeply rooted in public policy," and plays a 'vital role' in the administration of justice." As such, the privilege is "traditionally deemed worthy of maximum legal protection"' and "it remains one of the most carefully guarded privileges and is not readily to be whittled down." The privilege has come under assault in the insurance bad faith context in recent decades resulting in a "whittling down" of the privilege for insurance companies as a target party. Over the past couple …

Towards Collaboration Between Lawyers And Social Workers: A Content Analysis Of Joint Degree Programs, Ifem E. Orji

Dissertations, Theses, and Capstone Projects

Collaboration is a central issue in the interdisciplinary education of social work and law students. Joint JD/MSW degrees have the potential to promote collaboration between practitioners of law and social work in areas where their practices converge. The 1969 recommendations by the National Conference of Lawyers and Social Workers (NCLSW) to establish these joint degree programs assumed that collaborative learning would occur within them. However, prior research has not investigated whether or not this occurs. The purpose of this dissertation was to determine whether evidence of the intent to promote collaboration was present in written materials associated with joint degree …

Just Because I'M Paranoid Doesn't Mean I'M Not Being Followed: Using Tracking Or Rather Do Not Track Features, Sharon Bradley

Continuing Legal Education Presentations

Provides guidance on the technology competency standards in the ABA Model Rules of Professional Conduct, and offers practical tips for protecting personal privacy and professional documents.

1968 Campaign Notes, Monroe Freedman

1968 Campaign

Description goes here

Lawyers And The Secret Welfare State, Milan Markovic

Faculty Scholarship

This Article suggests that the United States maintains a secret welfare state. The secret welfare state exists because of lawyers’ ubiquitous use of questionable practices in representing clients before benefit-granting government agencies, which enable thousands of individual to collect public benefits who may not qualify for them. This Article focuses in particular on lawyers’ handling of evidence of nondisability in Social Security Disability Insurance (SSDI) proceedings and participation in Medicaid planning. It may be possible that the legal profession’s central role in the distribution of public benefits is an obstacle to a fairer and more transparent social safety net.

The Immunity Of The Attorney General To Law Society Discipline, Andrew Martin

Articles, Book Chapters, & Popular Press

English Abstract: The Attorney General is both the minister responsible to the legislature for oversight of the law society and a practicing member of the law society. This dual status raises important questions: Is the Attorney General subject to discipline by the law society? Should she be? This article argues that the Attorney General is immune, absent bad faith, both for prosecutorial discretion and core policy advice and decisions, as well as absolutely immune under parliamentary privilege for anything said in the legislature. The Attorney General enjoys no special immunity otherwise, i.e. for the practice of law outside prosecutorial discretion …

Mediation, Legal Clinic Program

Course Descriptions and Information

Students will learn and develop skills crucial to the role of mediators and legal professionals. By focusing and implementing mediation methodologies, students will learn skills of active listening and communications; conflict, issue and interests spotting, information gathering and negotiations techniques; problem-solving strategies and approaches; and effective mediation settlement agreement drafting.

The Legal And Medical Ethical Entanglements Of Infant Male Circumcision And International Law, Paul Mclaughlin

Scholarly Works

The practice of infant male circumcision has been debated by legal and medical experts for years. The practice, once seen as a social norm, has come under opposition by children’s rights, legal, and medical organisations around the world. In order to meet the requirements of international treaty law and allow infant male children the fullest opportunity for self determination, infant male circumcision must be treated under the law and by medical practitioners with the same degree of opposition that female genital mutilation has received.

Ethical Implications Of Posthumous Reproduction, Valarie K. Blake, Hannah L. Kushnick

Book Chapters

No abstract provided.

Monroe Freedman: Prophet Of Biblical Justice, Timothy W. Floyd

Articles

Professor Monroe Freedman’s distinctive view of legal ethics was individual autonomy. Professor Freedman’s provocative Professional Responsibility of the Criminal Defense Lawyer: The Three Hardest Questions, and his even more provocative answers, have drawn criticism as being too focused on individual autonomy.

Certainly, Monroe had a profound respect for individual dignity and autonomy, and he readily asserted that respect for individual autonomy was central to his view of legal ethics. In what follows, however, I will suggest that his emphasis on dignity and autonomy were derived from an even deeper commitment to justice. More particularly, Monroe Freedman had a passion for …

Legal And Medical Ethical Entanglements Of Infant Male Circumcision And International Law, Paul Mclaughlin

Law Library Faculty Scholarship

Recommended citation: Paul Jerome McLaughlin, Jr., Journal of Medical Law and Ethics, Volume 4, Number 1, March 2016, pp. 23-38 (16).

The practice of infant male circumcision has been debated by legal and medical experts for years. The practice, once seen as a social norm, has come under opposition by children’s rights, legal, and medical organizations around the world. In order to meet the requirements of international treaty law and allow infant male children the fullest opportunity for self determination, infant male circumcision must be treated under the law and by medical practitioners with the same degree of opposition that …

The Professional, Spring 2016, Henry Latimer Center For Professionalism

The Professional Newsletter

The Professional is a publication of The Florida Bar Henry Latimer Center for Professionalism. It is published triannually and provides practical information regarding professionalism relevant to the practice of law in Florida.

Transnational Legal Practice [In 2015], Laurel Terry

Faculty Scholarly Works

This 2015 Year-in-Review article continues the tradition of collecting and publicizing the developments that occurred during the year related to transnational legal practice (TLP). This year’s article builds on the work set forth in the 2014 Year-in-Review.

The 2014 TLP Year-in-Review provided a departure from the Year-in-Review’s typical method of presentation by identifying two categories of what that article called “TLP-Nets.” One group of TLP-Nets is nationally based and the other is inherently transnational. The 2014 article identified examples of TLP-Nets and highlighted the meeting points and relationships that facilitate border-crossing for the variety of actors involved in TLP policy-making …

From Out To In: The Opportunity And Need For Clinical Law Programs To Effectively Serve Low-Income Lgbt Individuals, Sarah Steadman

Faculty Scholarship

Although the recent legalization of same-sex marriage in the U.S. is heartening for lesbians and gays, the resulting discriminatory legislative backlash against the LGBT population shows that this community continues to be marginalized and at risk. Over two hundred anti-LGBT bills have been introduced in state legislatures since January 2016. North Carolina recently passed anti-LGBT legislation that eliminated and prohibits LGBT anti-discrimination protections, and bars transgender individuals from using gender congruent public bathrooms. One result of recent and historical discrimination is LGBT individual's newfound and pre-existing fears of encountering anti-LGBT bias when seeking legal services, even as recent developments have …

Note, The Role Of Nonverbal Persuasion In Juror Decision-Making And The Need To Regulate The Trial Consulting Industry, Jaclyn M. D'Esposito

Notre Dame Journal of Law, Ethics & Public Policy

This Note agrees that the trial consulting industry merits regulation, it departs from the literature inasmuch as it argues that the profession should be regulated with respect to its influence on juror decision-making, as opposed to trial consultants' professional and ethical obligations. To that end, Part II seeks to establish the persuasive effect of nonverbal communication and provides a brief history of the trial consulting industry. Part III continues with an examination into the relevant law with respect to nonverbal communication and trial consulting. In particular, Part III.A.1 considers the various ways in which the law recognizes the role of …

Friends With Benefits: Analyzing The Implications Of United States V. Newman For The Future Of Insider Trading, Tebsy Paul

American University Business Law Review

No abstract provided.

The Moral Obligation Of Law Schools To Address Law Student Well-Being: A Review Essay About The Happy Laywer, Todd David Peterson

Notre Dame Journal of Law, Ethics & Public Policy

This Article argues that law schools have an obligation to educate law students about how they can achieve meaningful and personally satisfying careers in the law and, in addition, how they can buffer themselves against the stress and depression that far too frequently arise in both law school and the practice of law.

Note, Establishing Rule Of Law Through Informal Justice Systems And Development Programs, Patrick Akers

Notre Dame Journal of Law, Ethics & Public Policy

Rule of law occurs when a government and its citizens are bound by and abide by the law. Rule of law has no one-size-fits-all approach, and any initiative must take into account cultural norms and how institutions and individuals are incentivized. Informal justice systems are best positioned to do this, particularly for the poor and indigenous ethnic groups. While informal justice systems are criticized for human rights violations and elite capture, among other things, some of these shortfalls are adequately addressed through existing development programs, which are most effective when subject to market forces and when they utilize participatory accountability …

"I Still Live In Guantánamo!" Human Rights Abuses Continue After Detainees Leave Guantánamo, Peter Jan Honigsberg

Notre Dame Journal of Law, Ethics & Public Policy

This essay will describe the experiences of detainees who have resettled in third or host countries, as well as detainees who have been resettled in their home countries. The essay is based on interviews W2G has filmed with the detainees, in addition to other sources. The overarching message from the interviews and research is that when the U.S. transfers detainees to third countries, the U.S. has not been mindful in finding the best fit or even a suitable environment for the men as they re-enter society. In addition, in transferring detainees out of Guantánamo-whether to third countries or to the …

Front Matter

Notre Dame Journal of Law, Ethics & Public Policy

Table of Contents

The Restricted Nature Of The Profit Motive: Perspectives From Law, Business, And Economics, Keith William Diener

Notre Dame Journal of Law, Ethics & Public Policy

This essay investigates the permissible limits of the profit motive in business contexts by examining theory and cases from law, business, and economics. This essay aims to remind the reader that the theoretical principles upon which the profit motive is founded require abidance to law, ethics, and customary societal rules. Accordingly, the application of the profit motive as a purported justification for illegal or immoral business decisions does not withstand scrutiny. Part I distinguishes between restricted and unrestricted profit motives, and illustrates this distinction by the use of three business cases that improperly appeal to the unrestricted profit motive. Part …

Roe V. Wade & The Legal Implications Of State Constitutional "Personhood" Amendments, Clark D. Forsythe, Keith Arago

Notre Dame Journal of Law, Ethics & Public Policy

Two generations after the renewed focus on state constitutions, questions remain whether state constitutional amendments are an effective means for changing public policy, for protecting human life, or for challenging Roe v. Wade. Our aim in this article is to examine their likely legal impact on state law and their legal impact on Roe v. Wade. Part II summarizes the history and current legal protection for the unborn child as a human being or person in the law. Part III examines whether these "personhood" amendments conflict with Roe. Part IV looks at the practical legal implications of applying the due …

How Corporate Governance Is Made: The Case Of The Golden Leash, Matthew D. Cain Ph.D., Jill E. Fisch, Sean J. Griffith, Steven D. Solomon

Faculty Scholarship

This Article presents a case study of a corporate governance innovation — the incentive compensation arrangement for activist-nominated director candidates colloquially known as the “golden leash.” Golden leash compensation arrangements are a potentially valuable tool for activist shareholders in election contests. In response to their use, several issuers adopted bylaw provisions banning incentive compensation arrangements. Investors, in turn, viewed director adoption of golden leash bylaws as problematic and successfully pressured issuers to repeal them. The study demonstrates how corporate governance provisions are developed and deployed, the sequential response of issuers and investors, and the central role played by governance intermediaries …

Note, Are Officers Equipped To Protect And Serve Their Communities? An Examination Into The Militarization Of America's Police And Police Legitimacy, Jaclyn M. D'Esposito

Notre Dame Journal of Law, Ethics & Public Policy

Tension between police officers and local residents is nothing new. Community relationships with and perceptions of law enforcement have ebbed and flowed over the years. Nonetheless, the fact that recent criticisms of law enforcement practices are not novel does not mean that claims about mistrust in local police are unfounded. However, surprisingly absent from discussions about present problems with law enforcement are what caused the "broken relationship" between officers and their communities, and how to mend these ever-increasing rifts. This Note seeks to fill that void by uncovering what has caused the current and deteriorated relationship between law enforcement and …