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Full-Text Articles in Legal Ethics and Professional Responsibility

Ethics 2000 And Conflicts Of Interest: The More Things Change . . . ., Charles W. Wolfram Oct 2002

Ethics 2000 And Conflicts Of Interest: The More Things Change . . . ., Charles W. Wolfram

Cornell Law Faculty Publications



American Legal Ethics, Thomas L. Shaffer Oct 2002

American Legal Ethics, Thomas L. Shaffer

Journal Articles

The ethics of American lawyers come from the English gentleman-lawyer of the nineteenth century, with the steady addition of an elitist Jeffersonian gloss. But they have, within the last century, been seperated, so that reulation claims to operate without conscience. The result is that the law of lawyers is now the principal, if not only, feature of the official codes, and ethics as ethics is is spread oer insignificant consensus statements by bar associations and promising scholarship from academic lawyers, some small part of which deserves to be called ethics and even, from small beginnings to be called religious ethics.


Sept 25, 2002, Cao, Review Of Ifc's Safeguard Policies Draft With Dh Comment, Cao Sep 2002

Sept 25, 2002, Cao, Review Of Ifc's Safeguard Policies Draft With Dh Comment, Cao

CAO General 1999-Present

No abstract provided.


Sept. 25, 2002, Cao, Review Of Ifc's Safeguard Policies Draft For Comment, Cao Sep 2002

Sept. 25, 2002, Cao, Review Of Ifc's Safeguard Policies Draft For Comment, Cao

CAO General 1999-Present

No abstract provided.


Sept. 2002, Cao, Review Of Ifc's Safeguard Policies, Ifc Staff Survey. Summary Report., Cao Sep 2002

Sept. 2002, Cao, Review Of Ifc's Safeguard Policies, Ifc Staff Survey. Summary Report., Cao

CAO General 1999-Present

No abstract provided.


The Truth About Jobs For J.D.S, Gary A. Munneke Sep 2002

The Truth About Jobs For J.D.S, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

In an excerpt from the latest book in theABA Career Series, the author reminds law students to open themselves to a variety of employment possibilities.


Lawyers' Value In Mergers And Acquisitions Under The New World Of Multidisciplinary Practices, Yunling Wu Aug 2002

Lawyers' Value In Mergers And Acquisitions Under The New World Of Multidisciplinary Practices, Yunling Wu

LLM Theses and Essays

Lawyers are facing strong competition from accounting firms in mergers and acquisitions. Finance and accounting globalization and multidisciplinary practice makes accounting firms more competent, challenging lawyers’ value. However, lawyers create enormous value in mergers and acquisitions, such as structuring the form of transactions, managing due diligence investigation, reducing the costs of acquiring and verifying information, ensuring corporations follow the relevant regulations preventing legal liabilities, and preventing antitrust issues or invoking antitrust challenge. Teamwork will facilitate mergers and acquisitions transactions. Restricted multidisciplinary practice will not affect lawyers’ and accountants’ ethics and independence. Legal education should be improved to help lawyers become …


Oath Taking, Truth Telling, And Remedies In The Business World: Hearing Before The H. Comm. On Energy And Commerce, 107th Cong., July 26, 2002 (Statement Of Sherman Cohn, Prof. Of Law, Geo. U. L. Center), Sherman L. Cohn Jul 2002

Oath Taking, Truth Telling, And Remedies In The Business World: Hearing Before The H. Comm. On Energy And Commerce, 107th Cong., July 26, 2002 (Statement Of Sherman Cohn, Prof. Of Law, Geo. U. L. Center), Sherman L. Cohn

Testimony Before Congress

No abstract provided.


Mdps, Spinning, And Wouters V. Nova, Laurel S. Terry Jul 2002

Mdps, Spinning, And Wouters V. Nova, Laurel S. Terry

Faculty Scholarly Works

This article is one of a series of articles by Professor Laurel Terry regarding the topic of MDPs of multidisciplinary partnerships. In February 2002, the European Court of Justice issued its opinion in Wouters v. NOVA (Case C-309/99), which addressed a Netherlands Bar rule that prohibited multidisciplinary partnerships (MDPs) between lawyers and accountants. Wouters decided: 1) that the bar was an “undertaking” that was subject to the competition (antitrust) provision in the EU Treaty; 2) that the Dutch MDP ban restricted competition and that this restriction on competition was appreciable and affected intra-community trade; 3) that the Dutch MDP ban …


Pennies From Heaven—Why Washington Legal Foundation V. Legal Foundation Of Washington Violates The U.S. Constitution, Kristi L. Darnell Jul 2002

Pennies From Heaven—Why Washington Legal Foundation V. Legal Foundation Of Washington Violates The U.S. Constitution, Kristi L. Darnell

Washington Law Review

In Washington Legal Foundation v. Legal Foundation of Washington, the Ninth Circuit Court of Appeals held that Washington's Interest on Lawyers' Trust Account (IOLTA) program did not perpetuate a "taking without just compensation" in violation of the Fifth Amendment. Even though the court acknowledged that IOLTA-generated interest was client property, the first element necessary to establish a taking, it reasoned that the appropriate subsequent analysis for this problem was the ad hoc test. Applying the ad hoc test to the IOLTA program, the court concluded that the requisite unconstitutional elements were absent. This Note argues that the Ninth Circuit …


Comparative Multi-Disciplinary Practice Of Law: Paths Taken And Not Taken, Charles W. Wolfram Jul 2002

Comparative Multi-Disciplinary Practice Of Law: Paths Taken And Not Taken, Charles W. Wolfram

Cornell Law Faculty Publications

It is always an interesting journey to return to one's roots, and many of the most important of my personal and professional roots are here in Cleveland, including my birth and the first twenty years of life. Subsequent wanderings have taken me far from here, but always to return. We consider here another set of journeys and pathways that are institutional, not personal. The paths traversed are both national and international, and they will take us on journeys that are far from completed. They concern the ways in which various contemporary legal cultures have so far approached the subject of …


Government Officials As Attorneys And Clients: Why Privilege The Privileged?, Melanie B. Leslie Jul 2002

Government Officials As Attorneys And Clients: Why Privilege The Privileged?, Melanie B. Leslie

Articles

No abstract provided.


Lawyer Disciplinary Law, Robin Jean Davis, Louis J. Palmer Jr. Jun 2002

Lawyer Disciplinary Law, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.


Practicing Law Across Geographic And Professional Borders: What Does The Future Hold?, Gary A. Munneke May 2002

Practicing Law Across Geographic And Professional Borders: What Does The Future Hold?, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

A new global business reality is transforming the practice of law. Nowhere is this transformation more apparent than in the areas of multijurisdictional and multidisciplinary practice. These two trends, toward practice across jurisdictional boundaries on the one hand and across professional boundaries on the other, are engaging the attention of lawyers everywhere. Recent events involving Enron Corporation and the Arthur Andersen accounting firm have raised new questions about the efficacy of these emerging trends and remind lawyers that these issues retain their currency.


Apr. 18, 2002, Ifc And Sustainability, An Update, Ppt, Ifc Apr 2002

Apr. 18, 2002, Ifc And Sustainability, An Update, Ppt, Ifc

IFC E&S Performance Standards

No abstract provided.


April 10-11, 2002, Cao, Third Annual Reference Group Meeting, Agenda And Background Updates Of Cao Activities, Cao Apr 2002

April 10-11, 2002, Cao, Third Annual Reference Group Meeting, Agenda And Background Updates Of Cao Activities, Cao

CAO General 1999-Present

No abstract provided.


April 10. 2002, Letter From E. Etelson, Project Underground Staff Attorney To M. Taylor, Cao, Re Yanacocha Case, Erica Etelson Apr 2002

April 10. 2002, Letter From E. Etelson, Project Underground Staff Attorney To M. Taylor, Cao, Re Yanacocha Case, Erica Etelson

CAO General 1999-Present

No abstract provided.


April 9, 2022, Email From G. Saul Forwarding Sbc Observations About Cao, Ifc & Miga, Graham Saul Apr 2002

April 9, 2022, Email From G. Saul Forwarding Sbc Observations About Cao, Ifc & Miga, Graham Saul

CAO General 1999-Present

No abstract provided.


Teaching Research Ethics: An Institutional Change Model, Michael Pritchard Apr 2002

Teaching Research Ethics: An Institutional Change Model, Michael Pritchard

Center for the Study of Ethics in Society Papers

Paper presented to the center, April 2002.


Toward An Ethical School, Stephan Millett Apr 2002

Toward An Ethical School, Stephan Millett

Center for the Study of Ethics in Society Papers

Paper presented for the Center of the Study of Ethics in Society Western Michigan University, January 22, 2002.


Research Ethics, Wmu Center For The Study Of Ethics In Society Apr 2002

Research Ethics, Wmu Center For The Study Of Ethics In Society

Center for the Study of Ethics in Society Papers

Papers published by the center, April 2002.


Changing The Culture Of Science: Teaching Research Ethics To Graduate Students And Post-Doctoral Fellows, Brian Schrag Apr 2002

Changing The Culture Of Science: Teaching Research Ethics To Graduate Students And Post-Doctoral Fellows, Brian Schrag

Center for the Study of Ethics in Society Papers

Paper presented for the Center of the Study of Ethics in Society Western Michigan University, October 11, 2001.


Investigating The Special: The Symbolic Function Of The Independent Counsel, Judith Roof Apr 2002

Investigating The Special: The Symbolic Function Of The Independent Counsel, Judith Roof

Indiana Law Journal

Symposium on "Law, Morality, and Popular Culture in the Public Sphere" at the Indiana University School of Law-Bloomington, April 6, 2001.


Legislating Apology: The Pros And Cons, Jonathan R. Cohen Apr 2002

Legislating Apology: The Pros And Cons, Jonathan R. Cohen

UF Law Faculty Publications

Should apologies be admissible into evidence as proof of fault in civil cases? While this question is a simple one, its potential ramifications are great, and legislative and scholarly interest in the admissibility of apologies has exploded. Shortly after the idea of excluding apologies from admissibility into evidence was raised in academic circles three years ago, it rapidly spread to the policy arena. For example, California and Florida enacted laws in 2000 and 2001 respectively excluding from admissibility apologetic expressions of sympathy ("I'm sorry that you are hurt") but not fault-admitting apologies ("I'm sorrythat I injured you") after accidents. Eight …


The Ethical Canary: Science, Society, And The Human Spirit, By Margaret Sommerville, Alfred C. Aman, Yvonne Cripps, Roger B. Dworkin, David Smith, George P. Smith Ii Apr 2002

The Ethical Canary: Science, Society, And The Human Spirit, By Margaret Sommerville, Alfred C. Aman, Yvonne Cripps, Roger B. Dworkin, David Smith, George P. Smith Ii

Indiana Journal of Global Legal Studies

No abstract provided.


Legal Ethics, Business Ethics And International Trade: Some Neglected Issues, Robert W. Mcgee Apr 2002

Legal Ethics, Business Ethics And International Trade: Some Neglected Issues, Robert W. Mcgee

Cardozo Journal of International and Comparative Law

The article critiques the ethical shortcomings of utilitarianism in international trade policies, arguing that such policies often prioritize special interests over individual rights and public welfare. It advocates for a rights-based approach, emphasizing the protection of property and contract rights, and proposes reforms such as invoking the Takings Clause to ensure equitable outcomes. The analysis highlights the ineffectiveness and moral failings of measures like economic sanctions and protectionist policies, which frequently harm innocent populations and violate constitutional principles.


Legal Ethics For Environmental Lawyers: Real Problems, New Challenges, And Old Values, Sanford M. Stein, Jan M. Geht Apr 2002

Legal Ethics For Environmental Lawyers: Real Problems, New Challenges, And Old Values, Sanford M. Stein, Jan M. Geht

William & Mary Environmental Law and Policy Review

No abstract provided.


Protecting The Public Without Protectionism: Access, Competence And Pro Hac Vice Admission To The Practice Of Law, Peter S. Margulies Apr 2002

Protecting The Public Without Protectionism: Access, Competence And Pro Hac Vice Admission To The Practice Of Law, Peter S. Margulies

Law Faculty Scholarship

No abstract provided.


“Certain Fundamental Truths”: A Dialectic On Negative And Positive Liberty In Hate-Speech Cases, W. Bradley Wendel Apr 2002

“Certain Fundamental Truths”: A Dialectic On Negative And Positive Liberty In Hate-Speech Cases, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.


Teaching Ethics In An Atmosphere Of Skepticism And Relativism, W. Bradley Wendel Apr 2002

Teaching Ethics In An Atmosphere Of Skepticism And Relativism, W. Bradley Wendel

Cornell Law Faculty Publications

I would like to do several things in this essay. First, I am interested in the sources of students' wariness about moral reasoning and claims about objectivity and truth in ethics. Sometimes I feel like a teacher of geography who must confront a deeply entrenched belief that the earth is flat. The earth is not flat, nor is ethics just a matter of opinion, but one wonders why students persist in thinking the opposite. Teaching effectively requires an understanding of where students are coming from. Accordingly, the opening section of this essay is structured around a series of hypotheses to …