Legal Ethics and Professional Responsibility Commons^™

The Interaction Of The Division Order And The Lease Royalty Clause., Laura H. Burney

St. Mary's Law Journal

Because lease royalty clauses, which establish the obligation of the lessee to pay royalties to the lessor, generally fail to include the details necessary to calculate a lessor’s royalty, lessee or third party purchasers historically have implemented a division order. An additional document in the payment process, the division order protects against a lessee or third party purchaser’s liability for conversion or failure to account properly. Recent court of appeals and Supreme Court of Texas opinions provide an analysis of the interaction of the lease royalty clause and the division order under Texas statutory and case law. The awkward wording …

The Prospects For Challenging U.S. Nuclear Weapons Policy In Light Of The World Court's Advisory Opinion On The Legality Of The Threat Or Use Of Such Weapons Comment., Stephen Gordon

St. Mary's Law Journal

In an opinion, the World Court concluded “the threat or use of nuclear weapons would generally be contrary to the rules of international law,” the only exception being “in an extreme circumstance of self-defense, where survival of a State is at stake.” The Court’s opinion could read as prohibiting the most common ways the United States incorporated nuclear weapons into its defense strategy. First, it may prevent the United States from using such weapons again legally. Second, if the opinion does not render using nuclear weapons illegal in all circumstances, it might prohibit the United States from ever being the …

Immigration Reform: Seeking The Right Reasons., Lamar Smith, Edward R. Grant

St. Mary's Law Journal

The legacy of immigration to the United States permeates the debate over current immigration policy. Because our self-definition as a nation is at stake in this debate, the issue of immigration arouses our deepest sentiments regarding the communities in which we live. We do not need to search far back in our history to find examples of imprudent law-making. Both the 1924 and 1925 immigration laws were motivated in large part by purposes which eventually undermined the principles on which they rested. These acts serve as prime examples of how employing erroneous reasons to enact even well-intentioned laws can be …

Writing In The Margins: Brennan, Marshall, And The Inherent Weaknesses Of Liberal Judicial Decision-Making Essay., Donna F. Coltharp

St. Mary's Law Journal

From 1967, when Thurgood Marshall took his seat as Supreme Court Justice, until 1990, when William Brennan, Jr. vacated his seat, the two Justices formed one of the most consistent liberal voting blocs in the history of the Court. Both Justices were judicial activists who labored in the tradition of Legal Realism. Although both Brennan and Marshall recognized the interpretation and application of the law as purposeful exercises, they differed in their approach to the task. Marshall, for instance, appealed to social consensus stating that his views were supported by society. Furthermore, Marshall strongly believed that the Constitution is a …

Abandoned Frozen Embryos And Texas Law Of Abandoned Personal Property: Should There Be A Connection Comment., Lynne M. Thomas

St. Mary's Law Journal

In vitro fertilization (“IVF”) has become almost commonplace in society. The widespread utilization of IVF and cryopreservation raises new questions with respect to ownership and disposition of embryos. This legal confusion may be addressed by either crafting specific regulations for that particular technology as its implications become apparent, or by applying current law. IVF first began in Great Britain, and the British Parliament passed a law mandating destruction of abandoned frozen embryos five years after cryopreservation. Destruction of the embryos potentially caused the loss of reproduction capability for those persons whose embryos were destroyed. While the number of abandoned frozen …

The Poor Image Of The Profession And The Ethical Pressures On The Modern Lawyer, Rodney A. Smolla

Faculty Publications

No abstract provided.

Non-Silences Of Professor Hazard On "The Silences Of The Restatement": A Response To Professor Menkel-Meadow, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

On Living One Way In Town And Another Way At Home, Thomas L. Shaffer

Journal Articles

The title of this Lecture is from Harper Lee's novel To Kill a Mockingbird. The occasion for the proposition is when the smalltown southern gentleman-lawyer Atticus Finch is given an opportunity to lie to protect his son from harm. He refuses. He says that the most important thing he has for his son is not protection but integrity. He says, "I can't live one way in town and another way in my home. "

The separation of town from home is an old one in the history of lawyers in America. When you trace the nineteenth-century development of legal ethics, …

Indentifying And Resolving Conflicts Of Interest In Representing Multiple Parties In Planning, Compliance, And Controversy Matters, Paula M. Junghans

William & Mary Annual Tax Conference

No abstract provided.

Protecting Those Who Cannot Protect Themselves: Ethically Representing The Impaired Client, Oregon Law Institute, Stephen R. Moore, Jeffrey D. Shapiro, Steven Charles Smith, Susan M. Svetkey, Laurah Sebastian, Peter R. Jarvis

Oregon Law Institute, 1996

Course Materials from the December 6, 1996 Program in Portland

Dec 5 1996 A.Wilkes, Breton Woods To Ngos Re Meeting Wb Managing Director Re Private Sector, Alex Wilks

IFC E&S Performance Standards

No abstract provided.

Moral Theory And Moral Life, Michael Pritchard

Center for the Study of Ethics in Society Papers

This paper was originally presented as The Distinguished Scholar Award Lecture, January 25, 1996.

Legal Ethics, Roy M. Sobelson

Mercer Law Review

The survey period was relatively quiet in terms of judicial and legislative developments in the Legal Ethics area. Nevertheless, it may prove to be an important transition period in the history of the State Bar of Georgia, insofar as lawyer discipline and consumer assistance is concerned. On June 1, 1995, the State Bar of Georgia began an experimental Consumer Assistance Program, sometimes known as "Central Intake." The reason for the program was simple. History has shown that the vast majority of complaints about lawyers do not raise disciplinary issues at all. In the past, such nondisciplinary complaints were summarily dismissed, …

1996 Oregon Evidence: Trial Techniques, Developments, And Ethics, Oregon Law Institute, Linda K. Eyerman, Gayle L. Troutwine, Michael R. Shinn, Ancer L. Haggerty, Chris Kitchel, Jan K. Kitchel, Jeffrey S. Jones, Leslie S. Johnson, Barrie J. Herbold, John R. Faust Jr.

Oregon Law Institute, 1996

Course Materials from the November 22, 1996 Program in Portland

Oct. 31 1996 Letter From Richard Frank To Alex Wilks Re Envtl Policies In Guarantees, Richard Frank

IFC E&S Performance Standards

No abstract provided.

Judging And Diversity: Justice Or Just Us?, Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

It is clear that the inevitable is upon us: as a society Canada is undergoing significant social change and law, as a social institution and mode of social interaction and regulation, cannot be immune to such changes. I want to suggest to you that these transitions are more than statistical - they are cultural and in that sense they will generate significant changes, indeed challenges, to our conventional ways of doing things. Change is of course somewhat unnerving, even disturbing or threatening, but I want to ask what sort of responses are available to us as we attempt to continue …

Front Matter

Journal of the Institute for the Study of Legal Ethics

No abstract provided.

Supreme Court Pronouncements On The Conduct Of Lawyers, Ruth Bader Ginsburg

Journal of the Institute for the Study of Legal Ethics

No abstract provided.

Is Legal Ethics Asking The Right Questions?, Alan Dershowitz

Journal of the Institute for the Study of Legal Ethics

No abstract provided.

Class Action Against Class Counsel, Susan P. Koniak

Journal of the Institute for the Study of Legal Ethics

No abstract provided.

What About The Children? Are Family Lawyers The Same (Ethically) As Criminal Lawyers? A Morality Play, Robert H. Aronson

Journal of the Institute for the Study of Legal Ethics

No abstract provided.

Suing A Current Client, Thomas D. Morgan

Journal of the Institute for the Study of Legal Ethics

No abstract provided.

The Year: 2075, The Product: Law, Stephen Gillers

Journal of the Institute for the Study of Legal Ethics

No abstract provided.

Legal Ethics: The Core Issues - Conference Faculty Selected Publications

Journal of the Institute for the Study of Legal Ethics

No abstract provided.

Clients' Perjury And Lawyers' Opinion, Marvin E. Frankel

Journal of the Institute for the Study of Legal Ethics

No abstract provided.

The Client Fraud Problem: A Justinian Quartet, Geoffrey C. Hazard Jr.

Journal of the Institute for the Study of Legal Ethics

No abstract provided.

Searching For New "Particles" In The Law Of Lawyering: Recent Developments In The Attribution Of "Clienthood", Theodore J. Schneyer

Journal of the Institute for the Study of Legal Ethics

No abstract provided.

The Vaporous And The Real In Former-Client Conflicts, Charles W. Wolfram

Journal of the Institute for the Study of Legal Ethics

No abstract provided.

On Lying For Clients, Tomas L. Shaffer

Journal of the Institute for the Study of Legal Ethics

No abstract provided.

Life And Death Lawyering: Dignity In The Absence Of Autonomy, Teresa Stanton Collett

Journal of the Institute for the Study of Legal Ethics

No abstract provided.