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Articles 5041 - 5070 of 7955

Full-Text Articles in Legal Ethics and Professional Responsibility

Wrongful Conviction, Lawyer Incompetence And English Law - Some Recent Themes, Geoffrey Bennett Jan 2003

Wrongful Conviction, Lawyer Incompetence And English Law - Some Recent Themes, Geoffrey Bennett

Journal Articles

Viewed from a distance the outward appearances of the English Legal System might look reassuringly stable. In fact, nothing could be further from the case. During the last ten years almost every facet of the system, even the constitutional order, has been radically overhauled, or at least significantly modified. The whole system of civil procedure has been recast, after over a hundred years of relatively little major modification, in an attempt to simplify and expedite proceedings with a new emphasis on judicial case management. Perhaps most important of all, the Human Rights Act 1998, which has been effective from October …

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Taking Ethical Discretion Seriously: Ethical Deliberation As Ethical Obligation, Samuel J. Levine Jan 2003

Taking Ethical Discretion Seriously: Ethical Deliberation As Ethical Obligation, Samuel J. Levine

Scholarly Works

This Article builds on and responds to the work of a number of leading ethics scholars who have offered alternatives to the prevailing model of legal ethics. Specifically, the Article proposes a "Deliberative Model," which posits that the lawyer's professional responsibility carries with it a duty on the individual lawyer to exercise discretion through consideration of the relevant ethical issues. Thus, the Article takes seriously the principle of ethical discretion, respecting the role of individual ethical decision-making but requiring that such decision-making be carried out through a justifiable process of ethical deliberation.

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Beware: What You Say To Your [Government] Lawyer May Be Held Against You - The Erosion Of Government Attorney-Client Confidentiality, Patricia E. Salkin Jan 2003

Beware: What You Say To Your [Government] Lawyer May Be Held Against You - The Erosion Of Government Attorney-Client Confidentiality, Patricia E. Salkin

Scholarly Works

No abstract provided.

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Taking Ethics Codes Seriously: Broad Ethics Provisions And Unenumerated Ethical Obligations In A Comparative Hermeneutic Framework, Samuel J. Levine Jan 2003

Taking Ethics Codes Seriously: Broad Ethics Provisions And Unenumerated Ethical Obligations In A Comparative Hermeneutic Framework, Samuel J. Levine

Scholarly Works

Ethics scholars have documented the increasingly legislative form of twentieth-century ethics regulations, culminating in the enactment and widespread adoption of the Model Rules of Professional Conduct. Nevertheless, pointing to the presence of broad ethics provisions, a number of leading scholars have questioned the extent to which ethics codes can accurately be conceptualized as a form of legislation. Responding to these critiques, Levine aims to take seriously both the legislative form of ethics codes and their interpretation. Toward that aim, he looks to interpretive methodologies employed in American constitutional law and Jewish law to provide both descriptive and normative models for …

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Teaching Government Law & Policy In Law School: Reflections On Twenty-Five Years Of Experience, Patricia E. Salkin Jan 2003

Teaching Government Law & Policy In Law School: Reflections On Twenty-Five Years Of Experience, Patricia E. Salkin

Scholarly Works

No abstract provided.

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Cosmetic Compliance And The Failure Of Negotiated Governance, Kimberly D. Krawiec Jan 2003

Cosmetic Compliance And The Failure Of Negotiated Governance, Kimberly D. Krawiec

Faculty Scholarship

Across a range of legal regimes - including environmental, tort, employment discrimination, corporate, securities, and health care law - United States law reduces or eliminates enterprise liability for those organizations that can demonstrate the existence of "effective" internal compliance structures. Presumably, this legal standard rests on an assumption that internal compliance structures reduce the incidence of prohibited conduct within organizations. This Article demonstrates, however, that little evidence exists to support that assumption. In fact, a growing body of evidence indicates that internal compliance structures do not deter prohibited conduct within firms and may largely serve a window-dressing function that provides …

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Towards A New Scholarship For Equal Justice, James S. Liebman Jan 2003

Towards A New Scholarship For Equal Justice, James S. Liebman

Faculty Scholarship

Over the last thirty years, the legal academy has turned a cold shoulder to the subject matter of this symposium: scholarship for equal justice. I am here to suggest that a thaw may be on the way. By scholarship for equal justice – as distinguished from scholarship about that topic – I mean academic work undertaken for the purpose of improving outcomes for individuals and members of groups who have been systematically held back by their race, sex, poverty, or any other basis for rationing success that our legal system treats with suspicion. With reference to some of my own …

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Good Life In The Balance: A Cross-National Study Of Dutch And Australian Disability Perspectives On Euthanasia And Physician-Assisted Suicide, Erik A. Leipoldt Jan 2003

Good Life In The Balance: A Cross-National Study Of Dutch And Australian Disability Perspectives On Euthanasia And Physician-Assisted Suicide, Erik A. Leipoldt

Theses: Doctorates and Masters

This is a cross-national qualitative study with the purpose of obtaining perspectives held by people with quadriplegia and leading figures in disability movements in the Netherlands and Australia on the issues of euthanasia and physician-assisted suicide (EPAS). A disability voice is not prominent in public debate on EPAS in Australia or the Netherlands, even though people with disabilities are often thought to be vulnerable in relation to EPAS policies. Disability perspectives are potentially valuable in illuminating issues in relation to euthanasia and physician-assisted suicide, because issues of dependence, independence, and individual autonomy play important roles in relation to both EPAS …

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The Structure Of Legal Education And The Legal Profession, Multidisciplinary Practice, Competition, And Globalization, Mary C. Daly Dec 2002

The Structure Of Legal Education And The Legal Profession, Multidisciplinary Practice, Competition, And Globalization, Mary C. Daly

Journal of Legal Education

No abstract provided.

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Dec. 2002, Cao. Insuring Responsible Investments. Rev Of Miga's Envtl Soc. Proc., Cao Dec 2002

Dec. 2002, Cao. Insuring Responsible Investments. Rev Of Miga's Envtl Soc. Proc., Cao

CAO General 1999-Present

No abstract provided.

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Nov. 22 2002, Emails Btwn R. Kyte, Ifc, From Oilwatch Africa, Re Niger Delta Facility, Cao Nov 2002

Nov. 22 2002, Emails Btwn R. Kyte, Ifc, From Oilwatch Africa, Re Niger Delta Facility, Cao

CAO General 1999-Present

No abstract provided.

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Enron And The Corporate Lawyer: A Primer On Legal And Ethical Issues, Roger C. Cramton Nov 2002

Enron And The Corporate Lawyer: A Primer On Legal And Ethical Issues, Roger C. Cramton

Cornell Law Faculty Publications

The stunning collapse of Enron, coupled with the large number of accounting irregularities and apparent corporate fraud, have created a climate in which reform and improvement of the law governing corporate lawyers is underway. The ABA Task Force on Corporate Responsibility has issued a preliminary report that recommends promising changes in the rules of professional conduct. And, the Corporate Reform Act of 2002 has changed the landscape by authorizing the SEC to promulgate rules of professional conduct for securities lawyers and directing the SEC to issue a rule requiring securities lawyers to climb the corporate ladder to prevent or rectify …

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Professional Service As A Christian Ministry, Carl S. Hawkins Oct 2002

Professional Service As A Christian Ministry, Carl S. Hawkins

Vol. 1: Answering God's Interrogatories

This address was given to the entering class at the BYU Law School on August 22, 1981.

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The Challenge: Basing Your Career On Principles, Alexander B. Morrison Oct 2002

The Challenge: Basing Your Career On Principles, Alexander B. Morrison

Vol. 1: Answering God's Interrogatories

This address was given to the Edmonton, Alberta Chapter of the J. Reuben Clark Law Society on February 26, 1999.

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Duty To Rescue: The Case Of The Good-Enough Samaritan, Tessa Meyer Santiago Oct 2002

Duty To Rescue: The Case Of The Good-Enough Samaritan, Tessa Meyer Santiago

Vol. 1: Answering God's Interrogatories

Reprinted from The Restored Gospel and Applied Christianity: Student Essays in Honor of President David O. McKay, 1999, 71-81, and the Clark Memorandum, Spring 2001, 26-31.

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Integrity: The Evidence Within, Neal A. Maxwell Oct 2002

Integrity: The Evidence Within, Neal A. Maxwell

Vol. 1: Answering God's Interrogatories

This address was given at the BYU Law School Alumni Dinner on October 23, 1992.

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Apostles Of Equality, Kenneth R. Wallentine Oct 2002

Apostles Of Equality, Kenneth R. Wallentine

Vol. 1: Answering God's Interrogatories

This article reprinted from the Clark Memorandum, Fall 1992, 2-4, 6-9.

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Confirm Thy Soul In Self-Control, D. Todd Christofferson Oct 2002

Confirm Thy Soul In Self-Control, D. Todd Christofferson

Vol. 1: Answering God's Interrogatories

This address was given to the Orange County and Los Angeles County Chapters of the J. Reuben Clark Law Society on September 29 and 30, 2000.

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Soldiers Of The Spirit, Lance B. Wickman Oct 2002

Soldiers Of The Spirit, Lance B. Wickman

Vol. 1: Answering God's Interrogatories

This fireside address was given at the BYU Law School on March 12, 1995.

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Truth: A Shield To Memory, Marion D. Hanks Oct 2002

Truth: A Shield To Memory, Marion D. Hanks

Vol. 1: Answering God's Interrogatories

This fireside address was given at the BYU Law School on November 19, 1989.

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The Ethical Professional: Consecration In The Workplace, Constance K. Lundberg Oct 2002

The Ethical Professional: Consecration In The Workplace, Constance K. Lundberg

Vol. 1: Answering God's Interrogatories

This Honors Devotional was given at BYU on February 7, 1996.

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Answering God’S Interrogatories, Marlin K. Jensen Oct 2002

Answering God’S Interrogatories, Marlin K. Jensen

Vol. 1: Answering God's Interrogatories

This convocation address was given April 25, 1997, when Elder Jensen’s son, Matthew, graduated from the BYU Law School.

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Weightier Matters, Dallin H. Oaks Oct 2002

Weightier Matters, Dallin H. Oaks

Vol. 1: Answering God's Interrogatories

This devotional address was given to the BYU student body on February 9, 1999.

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Professionalism, Bruce C. Hafen Oct 2002

Professionalism, Bruce C. Hafen

Vol. 1: Answering God's Interrogatories

This address was given to the charter class of the BYU Law School on August 30, 1973 (four days after the first opening of the school).

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Bridges, Dallin H. Oaks Oct 2002

Bridges, Dallin H. Oaks

Vol. 1: Answering God's Interrogatories

This fireside address was given at the BYU Law School on February 8, 1987.

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A Skeptical Answer To Edmundson's Contextualism: What We Know We Lawyers Know, Rob Atkinson Oct 2002

A Skeptical Answer To Edmundson's Contextualism: What We Know We Lawyers Know, Rob Atkinson

Scholarly Publications

No abstract provided.

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October 2002, Cao, Extracting Sustainable Advantage. Review Of Ifc And Miga Extractive Industries Project, Notes By D. Hunter, Cao Oct 2002

October 2002, Cao, Extracting Sustainable Advantage. Review Of Ifc And Miga Extractive Industries Project, Notes By D. Hunter, Cao

CAO General 1999-Present

No abstract provided.

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Unpleasant Duties: Imposing Sanctions For Frivolous Appeals, Mark R. Kravitz Oct 2002

Unpleasant Duties: Imposing Sanctions For Frivolous Appeals, Mark R. Kravitz

The Journal of Appellate Practice and Process

No abstract provided.

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Appellate Malpractice, Steven Wisotsky Oct 2002

Appellate Malpractice, Steven Wisotsky

The Journal of Appellate Practice and Process

No abstract provided.

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October 2002, Cao, Extracting Sustainable Advantage Report, Cao Oct 2002

October 2002, Cao, Extracting Sustainable Advantage Report, Cao

CAO General 1999-Present

No abstract provided.

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