Legal Ethics and Professional Responsibility Commons^™

Use Of A Pen Register May Be A Search Within The Purview Of Article I, Section 9 Of The Texas Constitution., Angie Patrick

St. Mary's Law Journal

In Richardson v. State, the Texas Court of Criminal Appeals granted Richardson’s second petition for discretionary review to determine whether law enforcement’s use of a pen register constitutes a search. The use of a pen register may be a search within the purview of Article I, Section 9 of the Texas Constitution. Courts use the reasonable-expectation-of-privacy test, from Katz v. United States, to determine whether a search has occurred under the Fourth Amendment. In Richardson, the Texas Court of Criminal Appeals reviewed whether the use of a pen register equates to a search despite the U.S. Supreme Court’s determination in …

Foreigners On Texas's Death Row And The Right Of Access To A Consul Symposium - Human Rights In The Americas., S. Adele Shank, John Quigley

St. Mary's Law Journal

Foreign nationals arrested in the United States confront the disadvantage of mounting a criminal defense in several ways. In most cases, they are unfamiliar with U.S. customs, police policies, and criminal proceedings. Although U.S. courts strive to prevent bias against accused based on alienage, discrimination does occur. To minimize the disadvantages experienced by accused foreigners, international law guarantees the right of consular access. Under internationally accepted norms applicable in the United States, an accused foreigner is entitled to contact his home-state consult office for assistance. Furthermore, mere involvement of a consul may encourage local government to follow procedural norms and …

The Subjection Of Women . . . Still: Unfulfilled Promises Of Protection For Women Victims Of Domestic Violence Comment., James Martin Truss

St. Mary's Law Journal

Throughout American history, women have fought to realize a full and independent legal identity, equal to men. Nonetheless, issues such as domestic violence have often remained obscured due partly to the judicial system’s reluctance to intrude into “family matters.” Although courts have long-since renounced the common-law rule which allowed a husband to discipline his wife, the plight of the battered woman remained largely ignored by courts and legislatures. The pervasiveness and severity of domestic violence are widely documented. On June 1, 1991, the Texas Supreme Court created the Gender Bias Task Force of Texas (Task Force) to consider whether gender …

A Teacher's Trouble: Risk, Responsibility And Rebellion, Margaret Martin Barry, Lisa Lerman, Homer La Rue, Odeana R. Neal

All Faculty Scholarship

What follows is an edited transcript of a session at the 1995 Annual Meeting of the Association of American Law Schools, held in New Orleans, Louisiana, January 7, 1995. The meeting was a joint plenary session of the AALS Section on Professional Responsibility and the Section on Clinical Legal Education. The meeting was planned and the role plays were written by Professors Margaret Martin Barry and Lisa Lerman of The Catholic University of America and Professor Homer La Rue of Howard University.

The purpose of the program was to foster interaction among teachers of professional responsibility and clinical teachers about …

International Law Of Trade Preferences: Emanations From The European Union And The United States., Kele Onyejekwe

St. Mary's Law Journal

This Article posits that the increase of tariff arrangements, like the Generalized System of Preferences (GSP), is evidence of the “hardening” of a body of international trade-preference law. It contends that the law of trade preferences is widely practiced in international affairs and the developed nations which terminate all trade preferences for developing countries most likely engage in illegal conduct under international law. Classical international law principally consisted of the law between nations and an international law of trade preferences in any form was unthinkable. Thus, neither international cooperation nor a duty for developed countries to assist developing countries is …

A Settlement Offer Above Policy Limits Does Not Trigger An Insurer's Stowers Duty To Act Reasonably., James Martin Truss

St. Mary's Law Journal

Abstract Forthcoming.

Robert Wilburn Calvert, The Prudentialist In Memoriam., L. Wayne Scott

St. Mary's Law Journal

Abstract Forthcoming.

Cooperating Clients, Daniel Richman

Faculty Scholarship

Indicted on serious narcotics charges, Jose Lopez retained Barry Tarlow to “vigorously defend and try the case.” Tarlow was up to the task but warned Lopez that it was “his general policy not to represent clients in negotiations with the government concerning cooperation,” and that he did not plan to make any exception for Lopez. As Tarlow later explained, he found such negotiations “personally[,] morally and ethically offensive.” This arrangement suited Lopez just fine, until he wavered in his resolution. Encouraged by a co-defendant, worried about his children, and hoping to obtain an early release from prison …

A Unique And Different Subject Of Law, Alain Pottage

Cardozo Law Review

Might an idiom of love be instituted in law? This question is posed by Luce Irigaray's ethics of sexual difference, which, in the guise of a critique of law, depicts the semantic or symbolic structure of a law that articulates an ethical relation of love-not love as caritatis, but love as eros. This implausible association of love and law seeks to institute an immediate and idiomatic relation within the axiopoietic order of law. Irigaray's J'aime d toi prescribes a set of basic rights which law-in its role as cultural tutor-might institute as the coordinates of a new model …

Be Just To One Another: Preliminary Thoughts On Civility, Moral Character, And Professionalism, Mark N. Aaronson

Faculty Scholarship

No abstract provided.

For The Love Of Lacan, Jacques Derrida

Cardozo Law Review

What wouldn't Lacan have said!

What won't he have said!

This is not a question, it is an exclamation: to get my voice right, to find the appropriate tone, before beginning to try out this idiomatic conjunction of negation, denial [denegation], conditional and future in the past, my hypothesis being that these grammars, now in succession, now simultaneously, play the role of a screen and of a mirror in the modalities of the with, as they do in the modalities of the since [depuis] that will have determined Lacan's relationship to the philosophers-to certain philosophers. These few reflections on temporal …

Rethinking The Beyond Of The Real, Drucilla Cornell

Cardozo Law Review

It is commonplace to note that Sigmund Freud "discovered" another reality. This reality is the reality of the psychic life. The meaning of its unconscious underpinnings surfaces in the other world of dreams and in the slips of the tongue that indicate a beyond to the day-to-day life given to us by conventions of our form of life. Certainly, Freud always returns us to the Jenseits, the other side, the beyond of the unconscious, which leaves its traces and marks on so-called "real objects," but which, on the other hand, can never be simplistically identified with them. An obvious …

Law, Morals, And Ethics, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Rediscovering Client Decisionmaking: The Impact Of Role-Playing, Mary Zulack

Faculty Scholarship

There are more things of importance to representing clients than are disclosed through a typical interview or counseling session, even a session undertaken by a lawyer earnestly attempting to hear rather than ignore the client. We lawyers are often vividly aware, when we pause to contemplate the point, that we do not know all we should about our clients. We may also believe that we have great gulfs of knowledge and experience to cross in order to hear and understand any particular client. Further, we fear that our ability to cross these gulfs is limited by the human, and lawyerly, …

Encouraging Personal Responsibility - An Alternative Approach To Teaching Legal Ethics, Christine M. Venter

Journal Articles

Largely as a result of prompting by the American Bar Association ("ABA"), most American law schools now require students to take a class called Professional Responsibility or Legal Ethics before graduation.

The ABA's campaign for a renewed emphasis on ethics stems from a desire that lawyers return to the "principles of professionalism."' How law schools should go about teaching their students these principles has never been as clear, for example, as how to teach students federal taxation. Does one try merely to teach students professional responsibility by covering the rules and tenets contained in the Model Rules and Code, or …

Lawyers As Strangers And Friends: Reply To Professor Sammons:, Thomas L. Shaffer, Robert F. Cochran Jr.

Journal Articles

Our thanks to the editors of the University of Arkansas at Little Rock Law Journal for the opportunity to respond to Jack Sammons' review of our recent book. We are honored to be taken seriously by someone as thoughtful as Sammons. We especially like his suggestion that, "[I]t would be good for everyone in the legal profession to pay attention to what Shaffer and Cochran have done here." (We hope they all buy copies of the book.) We see his book review (as we know he sees it) as moral discourse among friends; we respond in the same spirit. Though …

Instilling An Appreciation Of Legal Ethics And Professional Responsibility In First-Year Legal Research And Writing Courses, Beth Cohen

Faculty Scholarship

The Author suggests that the First-year legal research and writing classes provide the logical forum to remind students of the importance of honesty and integrity both to their work and to the profession and to society as a whole. The Author believes that teachers would do well to take advantage of this unique opportunity to provide such lessons early and often and more importantly, as part of the regular legal research and writing curriculum.

Lacanian Ethics And The Desire For Law, David S. Caudill

Cardozo Law Review

American Critical Legal Studies has its own antinomies, its own indeterminacies, such that it is difficult to talk as though it is a unified position or movement, or even a single methodology or strategy. Generally, however, those who are suspicious of Critical Legal Studies have, from the beginning, aSked how the critical theorist explains his or her own ideology, and the answer is often that ideology is inescapable. Thus the critical project is about disclosure of ideology, not about the claim to know the truth outside ideology.

Professional Responsibility: Beyond Pure Ethics And Circular 230 (Outline), Leslie S. Shapiro

William & Mary Annual Tax Conference

No abstract provided.

Legal Ethics, Jack L. Sammons

Mercer Law Review

The dominant event during this surveyed period' is not an event at all. It is instead a struggle so pervasive that its lurking presence is felt behind every important case and Formal Advisory Opinion ("FAO") decided this year. This struggle is between the two primary functions that the Georgia appellate courts perform in this area of law: the normal judicial function and the regulation of the legal profession. This second function is a legislative and an interpretative one. Appellate courts in Georgia perform the interpretive function in both an advisory capacity through FAO's and in a judicial capacity through case …

Making Sense Of Metaphors: Visuality, Aurality, And The Reconfiguration Of American Legal Discourse, Bernard J. Hibbitts

Cardozo Law Review

While American legal discourse has embraced a range of figurative expressions evoking all sorts of sensory experience, it has long favored visual metaphors. We frequently consider law as a matter of looking: we "observe" it; we evaluate claims "in the eye of the law"; our high courts "review" the decisions of inferior tribunals. Alternatively, we speak of law as something one would usually look at: it is a "body," a "text," a "structure," a "bulwark of freedom," a "seamless web,'' and even a "magic mirror." We identify particular legal concepts with striking visual images: property rights are a "bundle of …

Legal Malpractice: The Profession's Dirty Little Secret, Manuel R. Ramos

Vanderbilt Law Review

Legal malpractice is a taboo subject. It has been ignored by the legal profession,' law schools, mandatory continuing legal education ("CLE") programs, and even by scholarly' and lay publications. Unfortunately, our perception of legal malpractice, up until now, has been highly distorted by secretive insurance companies, confidential settlement agreements, and a questionable American Bar Association ("ABA") Study. Nonetheless, sharply contrasting portraits of legal malpractice have emerged: either it is just a minor problem of "weeding out" a few "bad apples," or it is the tip of an "iceberg," ready to overwhelm the legal profession. The ABA Study has fostered the …

Paradigms And Our Shrinking Bioethics, Peter Cherbas

Indiana Law Journal

Symposium: Emerging Paradigms in Bioethihcs

Public Understanding, Professional Ethics, And The News: A Response To Jane Rhodes, David Boeyink

Federal Communications Law Journal

Symposium: The Transformation of Television News

Public Understanding, Professional Ethics, And The News, Josephine Holz

Federal Communications Law Journal

Symposium: The Transformation of Television News

Oct. 1994, Ifc, Policy On Disclosure Of Information-Ss, Ifc

IFC E&S Performance Standards

No abstract provided.

Differing Perceptions Of Attorney Fees In Bankruptcy Cases, Theodore Eisenberg

Cornell Law Faculty Publications

The Criminal Defense Lawyer's Reliance On Bias And Prejudice, Eva Nilsen

Faculty Scholarship

This Article is divided into three parts. Part I examines both the many contexts in which criminal defense lawyers and clinical students encounter bias and prejudice,¹² and the commonly-raised objections to its exploitation. Part II looks at the way the tactical use of bias relates to a lawyer's duty of zealous advocacy. Here, the Article focuses on whether existing ethics rules provide guidance for a lawyer's use of bias and whether proposed rules aimed at eliminating such advocacy would improve or diminish justice. This article argues against such efforts because they impinge on legitimate lawyering, and they may distract …

Courage In The Holocaust, Lawrence Raful

Scholarly Works

No abstract provided.

Review Of: The Genetic Frontier: Ethics, Law, And Policy (Mark S. Frankel & Albert Teich Eds., American Association For The Advancement Of Science 1994), Suzanne A. Sprunger

RISK: Health, Safety & Environment (1990-2002)

Review of: The Genetic Frontier: Ethics, Law, and Policy (Mark S. Frankel & Albert Teich eds., American Association for the Advancement of Science 1994). Acknowledgments, appendix, contributors, figures, index, introduction, notes, references, tables. LC 93-37230, ISBN 0-87168-526-4. [260 pp. Paper $22.95. 1333 H St., NW, Washington DC 20005.]