Legal Ethics and Professional Responsibility Commons^™

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

Articles

A fictional account of a lawyer, representing a woman in a divorce case, who learns from her client that her live-in boyfriend has hit her and her five-year-old daughter. Is her ethical duty to protect the child greater than her responsibility to maintain the attorney-client privilege. She discusses the matter with two evidence professors in search of a solution.

Jewish Lawyer's Question, The Essay, Russell G. Pearce

Faculty Scholarship

Martin Buber describes the question of how to "affirm" our Jewish identity in the modem world as "the personal Jewish question, the root of all Jewish questions, the question we must discover within ourselves, clarify within ourselves, and decide within ourselves. This essay raises the "Jewish question" for lawyers. First, it explores some reasons why Jewish lawyers answer the question by separating their professional selves from their religious selves. Second, it observes that such an answer is contrary to the perspective-rooted in tradition but also common to the otherwise dissonant streams of Judaism today-that one's Judaism enters every moment of …

The Habeas Corpus Revolution: A New Role For State Courts., Charles F. Baird

St. Mary's Law Journal

This Article’s purpose is to portray recent changes in the United States Supreme Court’s habeas corpus jurisprudence—limiting the scope of the federal writ while reducing the federal judiciary’s role overseeing the criminal justice systems. Seemingly, the Court gave little thought to whether this reduction in federal oversight should be accompanied by a greater measure of review on the part of state courts. The writ of habeas corpus, often referred to as the Great Writ, is the primary means of enforcing rights guaranteed under the United States Constitution and federal courts are the principal guardians of these rights. While commitment to …

Bork V. Burke, Thomas W. Merrill

Faculty Scholarship

I would like to make the case for a conservative alternative to originalism. Much of the discussion that has taken place over the last two days has proceeded on the assumption that there are two choices. One is Robert Bork's originalism, justified by various values near and dear to conservative hearts, such as the rule of law, continuity with the past, the principle of democratic accountability, and so forth. The other is to flee into the hands of the so-called nonoriginalists, and embrace, to quote Judge Easterbrook quoting Justice Brennan, the judge's "personal confrontation with the well-springs of our society." …

Should Lawyers Obey The Law?, William H. Simon

Faculty Scholarship

At the same time that it denies authority to nonlegal norms, the dominant view of legal ethics (the "Dominant View") insists on deference to legal ones. "Zealous advocacy" stops at the "bounds of the law."

By and large, critics of the Dominant View have not challenged this categorical duty of obedience to law. They typically want to add further public-regarding duties, but they are as insistent on this one as the Dominant View.

Now the idea that lawyers should obey the law seems so obvious that it is rarely examined within the profession. In fact, however, once you start to …

Creating The Legal Monster: The Expansion And Effect Of Legal Malpractice Liability In North Carolina, Gregory Huffman

Campbell Law Review

No abstract provided.

On Lying For Clients, Thomas L. Shaffer

Journal Articles

For all of his occasional resort to deceit and falsehood, Faulkner's county-seat, Southern-gentleman lawyer, Gavin Stevens, was a virtuous person, a good person, and a truthful person. He and other moral worthies in good stories-many of them lawyers-have something to contribute to discussions, in legal ethics, on the issue of lying for clients.

On Teaching Legal Ethics In The Law Office, Thomas L. Shaffer

Journal Articles

Edward J. Murphy, my teacher, colleague, and friend, was as devoted as anyone at Notre Dame could be, to a Christian law school on this campus. He announced a personal and institutional claim, and he expressed his hope as well, when he told our graduating law class, in 1994, that this is "a school which publicly and without apology proclaims its religious roots."

And he was as interested as anyone could be in identifying those religious roots, and exploring the implications of them for the practice of law at the end of the twentieth century in the United States of …

Corporate Initiatives: A Second Human Rights Revolution?, Douglass Cassel

Journal Articles

This Essay examines the role of multinational corporations in protecting human rights around the globe. Part I analyzes the conduct of corporations, describes examples of corporations' involvement in human rights violations, and discusses the merits of greater responsibility of corporations. Part II suggests that the level of responsibility for a multinational corporation depends on the proximity of the corporation's operations to human rights violations, in combination with the seriousness of the violations, and proposes five gradations of responsibility. This Essay concludes that the evolving nature of the global economy is producing a shift in responsibilities from government to the private …

Comment On Moliterno, Legal Education, Experiential Education, And Professional Responsibility, Lance Liebman

Faculty Scholarship

In attempting to predict and prescribe the future, my vision of the recent history of legal education differs from Professor Moliterno's in certain relevant ways.

I graduated from Law School in 1967. I learned largely through doctrinal courses that delivered steady training in thinking like a lawyer and information about areas of law. These courses exposed me and my classmates to legal lingo and to the standard types of legal arguments. We learned, largely by hearing the teacher and our fellow students, to make verbal moves and to see the strengths and limitations of others' argumentation skills and techniques. We …

Who Should Regulate The Ethics Of Federal Prosecutors?, Rory K. Little

Faculty Scholarship

No abstract provided.

Reforming Legal Ethics In Virginia: A Review Of Proposed Changes To The Virginia Code Of Professional Responsibility

William & Mary Annual Tax Conference

No abstract provided.

Ethical Issues In Tax Practice, Robert I. Brauer, James P. Holden

William & Mary Annual Tax Conference

No abstract provided.

Legal Ethics, J. Randolph Evans, Anthony W. Morris

Mercer Law Review

In 1989, the Supreme Court of Georgia and the State Bar of Georgia embarked upon what they considered a long-range project-to raise the level of professionalism of lawyers in the state. Accordingly, the Georgia Supreme Court established the Chief Justice's Commission on Professionalism, the first such body of its kind in the entire nation. Its primary mission is to ensure that the practice of law is engaged in the service not only of the client, but also of the public at large.

During the past year, the Georgia appellate courts have focused their attention on professionalism. The courts issued significant …

A Dissenter's Commentary On The Professionalism Crusade, Rob Atkinson

Scholarly Publications

No abstract provided.

Evidence: Facing The Hardest Issues, Oregon Law Institute, Paula A. Barran, Laird C. Kirkpatrick, Christopher B. Mueller

Oregon Law Institute, 1995

Course Materials from the November 17, 1995 Program in Portland

Fine Tuning Your Auto Accident Case, Oregon Law Institute, Norma S. Poitras, Lee Aronson, K. William Gibson, Stephen R. Moore, Peter Fisher, Thomas R. Fries

Oregon Law Institute, 1995

Course Materials from the November 3, 1995 Program in Portland

Sneaking Around In The Legal Profession: Interjurisdictional Unauthorized Practice By Transactional Lawyers, Charles W. Wolfram

Cornell Law Faculty Publications

The quiet clubbiness that once characterized the practice of law in the United States is rapidly disappearing as new realities announce their clamorous arrival. Evaporating at a great rate—judging speed of change in historical terms—are many traditionally accepted and functionally important features of the legal profession of another day. Disappearing or dead are such sturdy former fixtures as the exclusivity of traditional bar self-policing. Also gone is the at-one-time widely acknowledged hegemony of the American Bar Association as the exclusive source of lawyer code pronouncements on lawyer disciplinary regulation. Courts, under the thrall of bar associations, at one time claimed …

Flying Solo - Ethical Traps And Tips For The Solo And Small Practitioner, Oregon Law Institute, Allen E. Gardner, Peter R. Jarvis, Scott Mcarthur, Bradley F. Tellam, Michael A. Greene, Helen T. Dziuba

Oregon Law Institute, 1995

Course Materials from the October 27, 1995 Program in Portland

Watershed Based Efforts: The Applegate Partnership Of Southwest Oregon, Jack Shipley

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

15 pages.

Abdication Can Be Fun, Join The Orgy, Everyone: A Simpleton’S Perspective On Abdication Of Federal Land Management Responsibilities, George Cameron Coggins

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

14 pages.

Assessing The Health Of The Body Politic: Are The Cures Worse Than The Disease?, Margaret A. Shannon

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

7 pages.

Contains footnotes.

Reforming Public Land Management With New Incentives, Randal O'Toole

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

9 pages.

Contains references.

Back To The Future: Privatizing The Federal Estate, Terry L. Anderson

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

5 pages.

Contains references.

A History Of The Public Lands Debate, Patricia Nelson Limerick

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

22 pages.

Why We’Re Unhappy? [Synopsis], Louise Liston

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

2 pages.

The Benefits Of Professional Public Land Management, Elizabeth Estill

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

13 pages (includes illustration).

Contains references.

Agenda: Challenging Federal Ownership And Management: Public Lands And Public Benefits, University Of Colorado Boulder. Natural Resources Law Center

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

Conference organizers, speakers and/or moderators included University of Colorado School of Law professors David H. Getches, Michael A. Gheleta, Teresa Rice, Elizabeth Ann (Betsy) Rieke and Charles F. Wilkinson.

In the face of numerous proposals for privatizing, marketing, and changing the management of public lands, the Natural Resources Law Center will hold its third annual fall public lands conference October 11-13, at the CU School of Law in Boulder.

A panel of public land users and neighbors, including timber, grazing, mining, recreation, and environmental interests, will address current discontent with public land policy and management. There will also be discussion …

“Storm Across The West’S Rangelands—In The Eye Of The Cyclone”: From Conflict And Confrontation Toward Consensus And Compromise? [Outline], Ken Spann

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

3 pages.

Values And The Public Lands, Dale Jamieson

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

11 pages.

Contains 3 pages of references.