Legal Ethics and Professional Responsibility Commons^™

Law School, Law Students, Civic Engagement, And Community-Based Research As Resources For Improving Access To Justice In Utah, James H. Backman

Utah Law Review

Law School students and faculty alike enjoy the opportunity to contribute to new developments for the improvement of access to justice. Too often, our traditional research is published in a law journal and is often unknown to policymakers and community organizations that make an impact on our society and the way our legal system functions. Community-based research conducted by a student with the courts, the bar, legal service providers, and volunteer providers of services is presented in a context in which it can be used by these organizations dedicated to improvement of access to justice.

Introduction: Equal Access To Justice In Utah, Scott M. Matheson Jr.

Utah Law Review

This symposium issue of the Utah Law Review is historically significant for several reasons. First, Utah has a rich and interesting history of access to justice, some of which is recounted in the following articles. Second, the University of Utah S.J. Quinney College of Law and more recently the J. Reuben Clark Law School at Brigham Young University have played important roles in that history. Third, and finally, this issue is the most extensive academic account of access to justice in Utah. We hope it is informative and helps point the way to improve access to justice in the future.

Equal Justice From A New Perspective: The Need For A First-Year Clinical Course On Public Interest Mediation, David Dominguez

Utah Law Review

It really is possible to deliver enough no-cost or low-cost legal problem solving services to provide equal justice. To get there, however, we need to experiment with new strategies and methods to achieve the goal, including the new skill of PIM. My hunch is that if first-year law students can prove to themselves in a clinical setting that public service lawyering can produce a multiplier effect for the greater public good, a new commitment to equal justice will emerge in the legal profession.

The Effects Of Alternative Dispute Resolution On Access To Justice In Utah, James R. Holbrook

Utah Law Review

Thousands of cases are resolved every year in Utah by private and court sponsored mediation and other ADR programs, and ADR utilization trends are moving up every year. Since 1990, over 3600 lawyers and non-lawyers have received mediator training in Utah. Clearly, ADR has a growing positive impact on access to justice in this state. However, it is just as clear that ADR by itself does not satisfy the huge and growing unmet needs of moderate-income, low-income, and poor people for dispute resolution services in this state.

Undermining Justice: The Legal Profession's Role In Restricting Access To Legal Representation, Robert R. Keuhn

Utah Law Review

The legal profession must cease to be an accomplice in efforts to provide "liberty and justice for some." The profession cannot paradoxically proclaim its commitment to access to legal representation and yet subvert that very goal by imposing restrictions on unpopular clients or types of legal services. If the principles of the legal profession mean anything, then all lawyers, courts, and bar organizations need to fight to ensure access to justice is truly equal and without restrictions.

Justice Will Prevail (With A Little Help From Her Friends): Pro Bono In Utah, Steven B. Scudder

Utah Law Review

The Utah State Bar wants more lawyers to work for free. The state's 7,000 lawyers are encouraged to perform fifty hours of free, or pro bono, work each year, but fewer than a third are reporting it when they annually renew licenses. "It's not discouraging, but it's not encouraging," said Brooke Bruno, the bar's pro bono coordinator. The state bar this fall will create a committee, the Utah Access to Justice Council, to study free legal work as well as other issues. "We want to better define the role of pro bono work," bar spokesman Toby Brown said. The American …

Access To Justice In Utah: Time For A Comprehensive Plan, Linda F. Smith

Utah Law Review

This Article argues that an ongoing state planning process should be established to ensure all residents have access to justice in all forums. Many states have established such planning processes and structures that allow courts, bar associations, publicly funded staff programs, other charitable entities, and the branches of government to engage in coordinated design, assessment, and enhancement of legal services for the public. Although much good work is underway in Utah, the lack of coordination and candid assessment mean that many needy Utahns are not served and many services are not available. It is time for an honest study of …

The Pendulum Of Justice: Analyzing The Indigent Defendant's Right To Effective Assistance Of Counsel When Pleading Not Guilty At The Plea Bargaining Stage, Tara Harrison

Utah Law Review

Ultimately, Congress should tackle the sexist mentality and sexual escapades of United States troops stationed abroad. Congress should open a serious dialogue with the Pentagon and encourage it to clean up its act, perhaps through incentives. Alternatively, Congress should mandate the Pentagon's compliance by passing legislation expressly forbidding prostitution overseas and providing serious criminal penalties for those who aid in or abet such activity. If these troops decide to have irresponsible sex with women abroad, they should at least be responsible for the children they subsequently create. Imposing childrearing, or at least financial, responsibilities on these troops would provide a …

May 2006, W. Van Winklin, Cao, Overview Of Retrospective Analysis Of Cao Effectiveness, Powerpoint, Warren Van Wicklin, Cao

CAO General 1999-Present

No abstract provided.

May 3, 2006, Forest Peoples Program, Preliminary Assessment Of Ifc's New Safeguard Framework, Forest People Program

IFC E&S Performance Standards

No abstract provided.

May, 2006, Cao- Strategic Planning Retreat, Advisors Group Meeting Draft Agenda, Cao

CAO General 1999-Present

No abstract provided.

May 2006, Cao- Strategic Planning Retreat, Advisors Group Meeting Draft Agenda(Annotated), Cao

CAO General 1999-Present

No abstract provided.

April 30, 2006 Ifc, Sustainability Policy, E&S Performance Standards, And Information Disclosure Policy, Ifc

IFC E&S Performance Standards

No abstract provided.

April 30, 2006, Ifc, Draft, Consultation And Broad Community Support, Review Procedures, Ifc

CAO General 1999-Present

No abstract provided.

April 30, 2006, Consultation Advisory No. 14, New Ifc Sustainability Perf. Standards Now In Force, Lucie Giraud

IFC E&S Performance Standards

No abstract provided.

April 30, 2006, Ifc, Guidance Notes For New E&S Performane Standards, Ifc

IFC E&S Performance Standards

No abstract provided.

A Comparative Analysis Of Human Rights Laws In The United States And Australia, Emily F. Chalifoux

Honors Theses

Discrimination does not make good business sense; it causes tension and a decrease in productivity. Even though human rights laws vary from country to country, conforming with these laws makes business more cohesive and productive. Some of the many benefits include:

• Increase the pool of potential employees and, therefore, the chances of getting the best person for the job,

• Build morale and productivity of employees

• Minimize complaints, disruptions and legal wrangles, leaving employees to focus on their work, and

• Add to the bottom line and build the company's reputation in the community.

The purpose of this paper is to analyze …

E-Lawyering, The Aba's Current Choice Of Ethics Law Rule & The Dormant Commerce Clause: Why The Dormant Commerce Clause Invalidates Model Rule 8.5(B)(2) When Applied To Internet Representations Of Clients , Michael W. Loudenslager

ExpressO

The Internet is becoming the primary manner in which some attorneys serve clients. States have already taken differing views on whether it is acceptable for an attorney to engage in electronic representations of clients. Thus, determining what jurisdiction’s law applies to such attorney conduct can be very important in deciding whether this activity constitutes the unauthorized practice of law, and, if not, the exact duties of an attorney in such representations.

This article argues that the current version of Model Rule of Professional Responsibility 8.5(b), which governs choice of ethics law, can be interpreted to apply the legal ethics rules …

Vagueness At The Highest Level: How The Supreme Court Confirmation Hearings Brought An Infrequently Discussed Legal Topic Back Into The Spotlight--Recusal, Brett S. Garson

ExpressO

Recusal has been present in one form or another in most civilized societies dating back to the sixteenth century. Today, recusal law finds its place in American jurisprudence at §§ 144 & 455. The scarce case law and lack of scholarly attention given to recusal perpetuates its aura of ambiguity and makes application of recusal standards to real factual situations difficult. When D.C. Circuit judge John Roberts interviewed with high White House officials seven days prior to hearing Hamdan v. Rumsfeld—a case where President Bush was a defendant and also the personal designator of Salim Hamdan as an enemy combatant—the …

Institutional And Individual Justification In Legal Ethics: The Problem Of Client Selection, W. Bradley Wendel

Cornell Law Faculty Publications

Monroe Freedman is well known as a proponent of the "standard conception" of legal ethics - that is, that a lawyer cannot be criticized in moral terms for actions taken in a representative capacity. Surprisingly, however, Freedman has argued that client selection is a decision for which a lawyer may be required to provide a justification in ordinary moral terms. This apparent inconsistency reveals a conceptual distinction in normative ethical theory, which is often blurred, between justifying a practice (in this case, the legal system or some specialized practice such as criminal defense) and justifying an action falling within the …

The Commodification Of International Education, Howard Dooley

Center for the Study of Ethics in Society Papers

Published by the Center of the Study of Ethics in Society Western Michigan University.

Universities And Corporations: A Selection Of Papers Presented At Tire Western Michigan University Emeriti Council Forum, Center Of The Study Of Ethics In Society

Center for the Study of Ethics in Society Papers

A selection of papers presented at the WMU Emeriti Council Forum.

The College Of Engineering And Applied Sciences & The Btr-A Partnership With Purpose, Michael B. Atkins, Kurt Hayden

Center for the Study of Ethics in Society Papers

Published by the Center of the Study of Ethics in Society Western Michigan University.

Applying A Business Model To The University, John Neill

Center for the Study of Ethics in Society Papers

Published by the Center of the Study of Ethics in Society Western Michigan University.

Recent Developments In International Education At Wmu, Ronald Davis

Center for the Study of Ethics in Society Papers

Published by the Center of the Study of Ethics in Society Western Michigan University.

Media Ethics: The Powerful And The Powerless, Elaine E. Englehardt

Center for the Study of Ethics in Society Papers

Papers presented for the Center of the Study of Ethics in Society Western Michigan University.

Epilogue: Universities And Corporations, Robert Kauffman

Center for the Study of Ethics in Society Papers

Published by the Center of the Study of Ethics in Society Western Michigan University.

Introduction: The Entrepreneurial University, Joseph Ellin

Center for the Study of Ethics in Society Papers

Published by the Center of the Study of Ethics in Society Western Michigan University.

Cultural Contradictions And Ethical Dilemmas In The Corporate-Styled University, Eric Gould

Center for the Study of Ethics in Society Papers

Published by the Center of the Study of Ethics in Society Western Michigan University

The Entrepreneurial University: Rewards & Risks, Samuel M. Hines Jr.

Center for the Study of Ethics in Society Papers

Published by the Center of the Study of Ethics in Society Western Michigan University.