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Full-Text Articles in Legal Ethics and Professional Responsibility

The Legal World Is Flat: Globalization And Its Effect On Lawyers Practicing In Non-Global Law Firms, Laurel S. Terry Jan 2008

The Legal World Is Flat: Globalization And Its Effect On Lawyers Practicing In Non-Global Law Firms, Laurel S. Terry

Northwestern Journal of International Law & Business

While lawyers in these large global law firms usually are aware of why globalization is relevant to them, other U.S. lawyers may not think that the globalization phenomenon affects them. A comment frequently heard is "Law is local so I don't have to worry about globalization affecting me or my practice." The goal of this article is to look at Friedman's work through the lens of legal services and to answer several questions, including: • Whether Friedman's analysis is relevant to what has happened in the field of legal services; • Whether a U.S. lawyer who doesn't practice in a …

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Globalization And The Business Of Law: Lessons For Legal Education, Carole Silver, David Van Zandt, Nicole De Bruin Jan 2008

Globalization And The Business Of Law: Lessons For Legal Education, Carole Silver, David Van Zandt, Nicole De Bruin

Northwestern Journal of International Law & Business

Cross-border law practice is growing to serve the increasingly global business of its clients, and U.S. and U.K. firms have been leaders in this global expansion of law practice. Expansion takes several forms, including the physical--with law firms opening offices in faraway locations to serve existing and new clients1--as well as the virtual--based on technology that supports the economics of cross-border activity by enabling practice apart from physical presence. Whether working for global or local organizations, lawyers today are increasingly faced with the prospect of working with colleagues and competitors who are diverse in terms of nationality, education and training, …

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Lawyers, Law Firms, And The Stabilization Of Transnational Business, John Flood, Fabian Sosa Jan 2008

Lawyers, Law Firms, And The Stabilization Of Transnational Business, John Flood, Fabian Sosa

Northwestern Journal of International Law & Business

Cross-border business transactions are complex. But in this globalized age, as commentators such as Ohmae have argued, business ought to be conducted simply despite national boundaries. Yet there are features of business that run counter to globalization and maintain a resolutely local character. A crucial aspect of this is the nature of law. No transaction can be carried out without a normative structure to provide a framework for the actors to operate within. Obligations, rights, warranties, covenants, and so on have to be specified and allocated. Even economists agree that the rule of law is essential for the conduct of …

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Always Be Disclosing: The Prosecutor's Constitutional Duty To Divulge Inadmissible Evidence, Brian D. Ginsberg Jan 2008

Always Be Disclosing: The Prosecutor's Constitutional Duty To Divulge Inadmissible Evidence, Brian D. Ginsberg

West Virginia Law Review

No abstract provided.

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The Most Dangerous Power Of The Prosecutor, Bennett L. Gershman Jan 2008

The Most Dangerous Power Of The Prosecutor, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

This is the James D. Hopkins Memorial Lecture in honor of Judge Hopkins, who was the Dean of Pace Law School from 1982 to 1983 and earlier served with great distinction on the New York Appellate Division's Second Judicial Department. Judge Hopkins served on that court when I worked in the special prosecutor's office, and as head of the appeals bureau, I argued several cases in Judge Hopkins' court. One case stands out, the case of Salvatore Nigrone v. Murtagh. It was an extensive undercover investigation. My office used informants, wiretaps, and a sham arrest to expose corrupt attempts to …

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A New Frontier Or Merely A New Medium - An Analysis Of The Ethics Of Blawgs, Justin Krypel Jan 2008

A New Frontier Or Merely A New Medium - An Analysis Of The Ethics Of Blawgs, Justin Krypel

Michigan Telecommunications & Technology Law Review

The purpose of this Note is to investigate those rules of ethics which interact with attorney blogs, placing a special emphasis on advertising rules. The central finding is that, under the Supreme Court's current First Amendment jurisprudence, attorney blogs (or, more cleverly, "blawgs") are not subject to regulation by the ethics codes of the ABA or the various state bars. Furthermore, if the Supreme Court were to, for some reason, construe blawgs as falling outside of First Amendment protection, evidence suggests that regulating this new medium would be neither desirable nor effective. Part II outlines the historical framework which underlies …

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Aall Special Interest Section Recommended Reading Lists: Social Responsibilities Sis, Camille Broussard, Meg Butler Jan 2008

Aall Special Interest Section Recommended Reading Lists: Social Responsibilities Sis, Camille Broussard, Meg Butler

Faculty Publications By Year

No abstract provided.

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Military Lawyering And Professional Independence On The War On Terror : A Response To David Luban, Charles J. Dunlap Jr., Linell A. Letendre Jan 2008

Military Lawyering And Professional Independence On The War On Terror : A Response To David Luban, Charles J. Dunlap Jr., Linell A. Letendre

Faculty Scholarship

No abstract provided.

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Implementing A New City Charter: Thoughts On My Tenure As Corporation Counsel In A Time Of Transition, O. Peter Sherwood Jan 2008

Implementing A New City Charter: Thoughts On My Tenure As Corporation Counsel In A Time Of Transition, O. Peter Sherwood

NYLS Law Review

No abstract provided.

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Responsibility Status Of The Psychopath: On Moral Reasoning And Rational Self-Governance, Paul J. Litton Jan 2008

Responsibility Status Of The Psychopath: On Moral Reasoning And Rational Self-Governance, Paul J. Litton

Faculty Publications

This article does not aim to describe the opposing views and argue for one over the other. Rather, I propose to deflate the debate as far as possible, attempting to reduce the area of disagreement. Meaningful disagreement exists only if there are, or could be, agents who have an undiminished capacity for practical reasoning or rational self-governance, yet truly are incapable of moral reasoning. However, I suggest that the capacity for rational self-governance entails the capacity to comprehend and act on moral considerations; thus, to the extent that an individual truly is incapable of grasping moral reasons, we should expect …

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Corporate Ethics In A Devilish System, Kent Greenfield Jan 2008

Corporate Ethics In A Devilish System, Kent Greenfield

Journal of Business & Technology Law

No abstract provided.

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The Impact Of The Sarbanes-Oxley Act On Non-Shareholder Constituents: A Silver Lining, But Will It Endure?, Lisa M. Fairfax Jan 2008

The Impact Of The Sarbanes-Oxley Act On Non-Shareholder Constituents: A Silver Lining, But Will It Endure?, Lisa M. Fairfax

Journal of Business & Technology Law

No abstract provided.

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The Sarbanes-Oxley Act Of 2002: Setting A Baseline For The Adoption Of Enterprise Ethics, Dean Krehmeyer Jan 2008

The Sarbanes-Oxley Act Of 2002: Setting A Baseline For The Adoption Of Enterprise Ethics, Dean Krehmeyer

Journal of Business & Technology Law

No abstract provided.

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Culture Is The Key To Employee Adherence To Corporate Codes Of Ethics, Lisa Hope Nicholson Jan 2008

Culture Is The Key To Employee Adherence To Corporate Codes Of Ethics, Lisa Hope Nicholson

Journal of Business & Technology Law

No abstract provided.

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Sarbanes-Oxley's Insight: The Role Of Distrust, Renee M. Jones Jan 2008

Sarbanes-Oxley's Insight: The Role Of Distrust, Renee M. Jones

Journal of Business & Technology Law

No abstract provided.

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Coming Soon To A Law Practice Near You: The New (And Improved?) Illinois Rules Of Professional Conduct, 39 Loy. U. Chi. L.J. 691 (2008), Alberto Bernabe Jan 2008

Coming Soon To A Law Practice Near You: The New (And Improved?) Illinois Rules Of Professional Conduct, 39 Loy. U. Chi. L.J. 691 (2008), Alberto Bernabe

UIC Law Open Access Faculty Scholarship

No abstract provided.

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The Curious Appellate Judge: Ethical Limits On Independent Research, Elizabeth G. Thornburg Jan 2008

The Curious Appellate Judge: Ethical Limits On Independent Research, Elizabeth G. Thornburg

Faculty Journal Articles and Book Chapters

Appellate judges in the twenty-first century find themselves in a world in which litigation - both civil and criminal - involves a vast array of complex and technical factual disputes. These lawsuits, in turn, may cause judges to seek a greater level of expertise in order to deal competently with the evidence that will be relevant to the disputes. At the same time, advances in communication technology have brought the world's library to the courthouse, requiring no onerous trips across town or index searches but only the click of a mouse. This combination of felt need and ready access has …

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The Castle Doctrine: An Expanding Right To Stand Your Ground Comment., Denise M. Drake Jan 2008

The Castle Doctrine: An Expanding Right To Stand Your Ground Comment., Denise M. Drake

St. Mary's Law Journal

Recently, the Texas Legislature passed Senate Bill 378 effectively terminating a person’s “duty to retreat” when confronted with a criminal attack of either great bodily injury or death. Complicated issues of innocence and guilt arise when one employs deadly force as a means of self-defense. Furthermore, tragic mistakes occur when people preemptively resort to deadly force before the realization of such a threat. Societal questions still exist concerning the possibility that self-defense will turn into self-justice. Critics argue the law encourages a vigilante society, substituting law enforcement help with self-justice. Conversely, supporters believe the bill serves as a deterrent from …

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Loose Lips Sink Attorney-Client Ships: Unintended Technological Disclosure Of Confidential Communications Essay., Bill Piatt, Paula Dewitte Jan 2008

Loose Lips Sink Attorney-Client Ships: Unintended Technological Disclosure Of Confidential Communications Essay., Bill Piatt, Paula Dewitte

St. Mary's Law Journal

In general, attorneys must not reveal confidential information relating to the representation of their clients. Attorneys must make reasonable efforts to ensure the attorneys they supervise, as well as their nonlawyer employees, maintain client confidences. In modern days, technology virtually guarantees attorneys and clients will communicate electronically. While most attorneys would not knowingly disclose client confidences, there is a growing problem of unintended disclosure through electronic means. On a practical level, maintaining confidence is of utmost importance to both attorneys and clients. Attorneys may believe they are using good faith and competent, reasonable actions to protect their clients’ information from …

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A Meaningless Relationship: The Fifth Circuit's Use Of Dismissed And Uncharged Conduct Under The Federal Sentencing Guidelines Recent Development., Erin A. Higginbotham Jan 2008

A Meaningless Relationship: The Fifth Circuit's Use Of Dismissed And Uncharged Conduct Under The Federal Sentencing Guidelines Recent Development., Erin A. Higginbotham

St. Mary's Law Journal

The Fifth Circuit’s failure to require the uncharged conduct to have a meaningful relationship with the conduct of conviction is flawed. An amendment of section 5K2.21 specifically approved the consideration of uncharged or dismissed offenses to serve as a basis for an upward departure to reflect the actual seriousness of the offense. Confusion amongst federal circuit courts of appeal arose as to whether such conduct included uncharged or dismissed criminal offenses. Interpreting the amendment’s language has caused a circuit split. The Fifth Circuit erroneously interpreted section 5K2.21 as to require nothing more than a “remote connection” between the uncharged crime …

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The Metes And Bounds Of Governmental Immunity And Political Subdivisions: Limiting Tort Liability For Municipal Utility Districts In Texas Recent Development., Dawn E. Norman Jan 2008

The Metes And Bounds Of Governmental Immunity And Political Subdivisions: Limiting Tort Liability For Municipal Utility Districts In Texas Recent Development., Dawn E. Norman

St. Mary's Law Journal

Abstract Forthcoming.

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American Legal Ethics In An Age Of Anxiety, Michael S. Ariens Jan 2008

American Legal Ethics In An Age Of Anxiety, Michael S. Ariens

Faculty Articles

The thesis of my article, “American Legal Ethics in an Age of Anxiety,” is that the historical development of American legal ethics was regularly accompanied by an anxiety within the profession. In general, I suggest the legal profession’s understanding of its ethical precepts has been molded and reshaped during periods of professional anxiety. The profession’s understanding of legal ethics changed dramatically during various crises in the 19th century, exemplified by the different approaches taken by David Hoffman in the mid-1830s, George Sharswood in the mid-1850s, and David Dudley Field in the early 1870s. In each case, however, the triggering event …

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Judicial Decisionmaking, Paul V. Niemeyer Jan 2008

Judicial Decisionmaking, Paul V. Niemeyer

Georgia Law Review

Judge Niemeyer observes that judicial decisionmaking is a layered mental process in which numerous legitimate factors contribute to an arrangement of priorities. The priority of factors, which is based on the psychical makeup of each judge, determines the popular characterization of judges as liberal, conservative, pragmatic, thoughtful, or balanced. Nonetheless, decision making is not unconstrained,as it is guided by the good faith of each judge to continue the rule of law with well-reasoned and just opinions. If accomplished, legal disputes are accordingly healed, ultimately producing the desired harmony in the community.

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The Burden Of Knowledge, Christian Turner Jan 2008

The Burden Of Knowledge, Christian Turner

Georgia Law Review

Sometimes we are better off not knowing things. While we often hear that "ignorance is bliss," there has not been a comprehensive consideration in the legal academy of the virtues of ignorance and its regulation. Though the distribution of knowledge, like the distribution of other goods, is affected both directly and indirectly by law, several characteristics of knowledge distinguish it from other kinds of property. Much has been written about the impact of the nonrival and nonexclusive nature of knowledge on its production and distribution. This Article centers around two other attributes of knowledge that combine to create a special …

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Preventive Law: A Strategy For Internal Corporate Lawyers To Advise Managers Of Their Ethical Obligations, Z. Jill Barclift Jan 2008

Preventive Law: A Strategy For Internal Corporate Lawyers To Advise Managers Of Their Ethical Obligations, Z. Jill Barclift

Faculty Scholarship

This article examines the efficacy of Preventive Law jurisprudence to internal corporate law practice. The article compares internal corporate law practice to the practice approach of Preventive Law. The article explores the benefits of Preventive Law jurisprudence to internal corporate law practice. Part I discusses the history and various vectors of Preventive Law. Part II examines the responsibilities of corporate law departments. Part III compares Preventive Law practice skills to internal corporate law practice, and explores the utility of Barton’s problem solving approaches to internal corporate law practice. Finally, the article concludes arguing internal corporate law practice is Preventive Law …

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Re-Defining Pro Bono: Professional Commitment To Public Service, Gary A. Munneke Jan 2008

Re-Defining Pro Bono: Professional Commitment To Public Service, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

This article suggests that the current version of Rule 6.1 of the Model Rules of Professional Conduct has not achieved its objective of fostering universal public and pro bono service among lawyers, and proposes a change to the current rule that hopefully will be more successful in achieving these laudable objectives. From the earliest days of the Anglo-American legal profession, lawyers have understood public, or pro bono publico, service to be fundamental to their identity as professionals. During the last half of the 20th century, however, this evolution became a revolution, as pro bono increasingly came to be identified with …

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Non-Beneficial Pediatric Research And The Best Interest Standard: A Reconciliation, Paul J. Litton Jan 2008

Non-Beneficial Pediatric Research And The Best Interest Standard: A Reconciliation, Paul J. Litton

Faculty Publications

Federal efforts beginning in the 1990's have successfully increased pediatric research to improve medical care for all children. Since 1997, the FDA has requested 800 pediatric studies involving 45,000 children. Much of this research is "non-beneficial"; that is, it exposes pediatric subjects to risk even though these children will not benefit from participating in the research. Non-beneficial pediatric research (NBPR) seems, by definition, contrary to the best interests of pediatric subjects, which is why one state supreme court has essentially prohibited it. It also appears that the only plausible rationale for this research is utilitarian, as it risks some children …

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The Human Dignity Of Clients, Kate Kruse Jan 2008

The Human Dignity Of Clients, Kate Kruse

Faculty Scholarship

This essay reviews David Luban's forthcoming book, Legal Ethics and Human Dignity. At the heart of this new book is an argument that interactions between lawyers and clients ought to be at the center of jurisprudential inquiry. Pointing out that most cases do not go to trial and that much transactional work occurs outside the litigation context, he argues that law's defining moments occur when a "client sketches out a problem and a lawyer tenders advice," rather than when a judge decides a litigant's case. This review essay examines how Luban might elaborate a new "jurisprudence of lawyering" by examining …

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Working Around The Withdrawal Agreement: Statutory Evidentiary Safeguards Negate The Need For A Withdrawal Agreement In Collaborative Law Proceedings, Jennifer M. Kuhn Jan 2008

Working Around The Withdrawal Agreement: Statutory Evidentiary Safeguards Negate The Need For A Withdrawal Agreement In Collaborative Law Proceedings, Jennifer M. Kuhn

Campbell Law Review

This Comment will proceed by: (I) comparing state collaborative law statutes; (II) evaluating the current ethical climate surrounding withdrawal agreements in collaborative law; (III) considering the purpose of the withdrawal agreement and how evidentiary safeguards can provide the same incentives; and finally, concluding that statutory evidentiary safeguards eliminate the need for a mandatory withdrawal agreement in the collaborative law setting.

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Seeking A Seat At The Table: Has Law Left Environmental Ethics Behind, As It Embraces Bioethics?,, Heidi Gorovitz Robertson Jan 2008

Seeking A Seat At The Table: Has Law Left Environmental Ethics Behind, As It Embraces Bioethics?,, Heidi Gorovitz Robertson

Law Faculty Articles and Essays

Bioethics evolved from theoretical philosophy into an applied field. Decision makers in health and medical sciences involve bioethicists in decisions and policy making. Although people study environmental ethics, mainly in philosophy programs, environmental ethicists are not involved in decision making. I explore the development of bioethics and environmental ethics, primarily considering the role of law in their development. I ask whether laws and legal opinions encouraging the use of bioethicists in decision making promoted the development of applied bioethics, and correspondingly, whether the absence of laws and opinions promoting environmental ethicists retarded the development of applied environmental ethics. Finally, I …

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