Legal Ethics and Professional Responsibility Commons^™

God Is Dead: Killed By Fifty Years Of Establishment Clause Jurisprudence., Raul M. Rodriguez

St. Mary's Law Journal

In 1980, the Supreme Court in Stone v. Graham addressed the issue of whether a statute requiring the display of the Ten Commandments in all public school classrooms was an unconstitutional establishment of religion. Applying the Lemon test the Court found the statute’s purpose to be religious and ruled it unconstitutional. Yet, had the state required the placement of the following “secular commandments” in every classroom, it is unlikely the Court would have found an Establishment Clause violation. Stone illustrates what the Supreme Court’s Establishment Clause jurisprudence has become. The Court has misconstrued the meaning of the “establishment of religion” …

Limiting Punitive Damages: A Placebo For America's Ailing Competitiveness., Jimmie O. Clements Jr.

St. Mary's Law Journal

This Comment will discuss Vice President Dan Quayle’s proposed legislation by reviewing the history of punitive damages and providing an overview of current state legislation. Thereafter, this Comment debunks the theory of an unruly punitive damage system and analyzes the impact of a punitive damages cap on competitiveness, quality, safety and the doctrine’s underlying goals. On August 13, 1991, Vice President Quayle, as head of the President’s Council on Competitiveness (the Council), addressed the American Bar Association’s annual meeting. He announced a fifty-point proposal designed to improve the civil justice system. Vice President Quayle proposed, inter alia, a cap on …

The Evolution Of Government Liability Under Section 1983., Christopher J.M. Pettit

St. Mary's Law Journal

The Fourteenth Amendment of the United States Constitution provides in order to enforce the law, Congress shall have the power to pass enabling legislation. In the exercise of this power, Congress enacted the Civil Rights Act of 1871, to implement the prohibition of slavery as required by the Thirteenth Amendment. Although the Thirteenth Amendment abolished the institution of slavery, discriminatory actions by private citizens remained prevalent. During the period following reconstruction, congressional legislation shifted focus from prohibiting state action to prohibiting the actions of private individuals who violated the civil liberties of others. Through the passage of the Civil Rights …

Heitman V. State: The Question Left Unanswered., Matthew W. Paul, Jeffrey L. Van Horn

St. Mary's Law Journal

In Heitman v. State, the Texas Court of Criminal Appeals appeared to break with the court’s prior holdings to announce it would no longer “automatically adopt and apply” to the search and seizure provisions of the Texas Constitution “the Supreme Court’s interpretations of the Fourth Amendment.” The reaction to Heitman was immediate and striking. Heitman is obviously a significant decision that could impact Texas criminal jurisprudence for decades. Yet, the decision left many questions unanswered, including whether the search and seizure provision should be construed as placing greater restrictions on law enforcement than the Fourth Amendment of the United States …

The Political Philosophy Of Campaign Finance Reform As Articulated In The Dissents In Austin V. Michigan Chamber Of Commerce., John S. Shockley, David A. Schultz

St. Mary's Law Journal

The 1992 presidential candidacy of Jerry Brown, who called for campaign contribution limits, has reignited the issue of campaign finance reform. Indeed, the United States Supreme Court has recognized the importance of campaign finance reform as a judicial issue. The importance of this issue is marked by the Court’s continued willingness to address the regulation of campaign finance since the 1976 landmark case of Buckley v. Valeo. The case of Austin v. Michigan Chamber of Commerce emphasized the somewhat confused nature of the Supreme Court’s campaign finance reform decisions. The Supreme Court and state legislatures will likely continue to address …

Wrongful Adoption: A Guide To Impending Tort Litigation In Texas., Fred S. Wilson

St. Mary's Law Journal

Texas has an opportunity to improve a necessary tool of family law by recognizing and advancing wrongful adoption. There is an underlying lack of recognition for the interests of adoptive parents in adoption law. Those who choose to adopt necessarily rely on the information provided by an adoption agency in making their decision. As such, adoptive parents are particularly vulnerable to misrepresentation about the pertinent history of the adoptee. Recent cases in other states demonstrate the progression of wrongful adoption as a tort, yet many inadequacies remain. The necessary progression of wrongful adoption calls for the imposition of a duty …

Introduction: The Bounds Of Advocacy, Robert H. Aronson

Articles

I was asked, as Reporter for the American Academy of Matrimonial Lawyers' Bounds of Advocacy, to provide an Introduction to the substantive issues discussed by members of the Committee in succeeding articles. This article will therefore "set the stage" by indicating the need for the Bounds of Advocacy, the charge to the Committee, the process by which the Standards and Comments were drafted, re-drafted, and then re-drafted again, and the appropriate scope, purpose and use of the Standards and Comments.

Right To Counsel

Touro Law Review

No abstract provided.

Ineffective Assistance Of Counsel

Touro Law Review

No abstract provided.

Freedom Of Speech And The Press

Touro Law Review

No abstract provided.

Right To Be Present

Touro Law Review

No abstract provided.

Right To Counsel

Touro Law Review

No abstract provided.

Right To Be Present

Touro Law Review

No abstract provided.

Self-Incrimination

Touro Law Review

No abstract provided.

The Ethics Of Criminal Defense, William H. Simon

Faculty Scholarship

A large literature has emerged in recent years challenging the standard conception of adversary advocacy that justifies the lawyer in doing anything arguably legal to advance the client's ends. This literature has proposed variations on an ethic that would increase the lawyer's responsibilities to third parties, the public, and substantive ideals of legal merit and justice.

With striking consistency, this literature exempts criminal defense from its critique and concedes that the standard adversary ethic may be viable there. This paper criticizes that concession. I argue that the reasons most commonly given to distinguish the criminal from the civil do not …

Dealing With Ethical Problems In Tax Practice, James P. Holden

William & Mary Annual Tax Conference

No abstract provided.

Not Virgin Enough To Say That (S)He Occupies The Place Of The Other -Jacques Derrida, Glas, Gayatri Chakravorty Spivak

Cardozo Law Review

No abstract provided.

Owning And Controlling Technical Information, Vivian Weil

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society, April 5, 1990.

Proving Your Case - Evidence And Procedure In Action, Christopher Finlayson

Cardozo Law Review

No abstract provided.

Should A Jury Say What It Believes Or What It Accepts?, L. Jonathan Cohen

Cardozo Law Review

No abstract provided.

Ifc And The Environment, Oct. 1991, Ifc

IFC E&S Performance Standards

No abstract provided.

The Fall And Rise Of The Criminal Contingent Fee, Peter Lushing

Articles

The article argues that the ban on contingent fees for criminal defense attorneys, established by the American Bar Association in 1969, is outdated and should be repealed. It contends that the ban is rooted in historical prejudice and unfounded concerns about conflicts of interest, rather than empirical evidence. The author suggests that the Supreme Court's 1989 decision implicitly approving contingent fees in certain criminal cases presents an opportunity to reconsider this prohibition. Repealing the ban could benefit middle-class defendants and allow for regulation and data collection to address potential issues.

Alter[Ing] People's Perceptions: The Challenge Facing Advocates Of Ancillary Business Practices, Marjorie Meeks

Indiana Law Journal

No abstract provided.

An Empirical Examination Of The Iowa Bar's Approach To Regulating Lawyer Advertising, Jim Rossi, Mollie Weighner

Vanderbilt Law School Faculty Publications

Since the Supreme Court held the prohibition of lawyer advertising unconstitutional in Bates v. State Bar of Arizona American lawyers have engaged in heated debate over the appropriateness of advertising for their profession. Although the debate over lawyer advertising-- especially as it applies to mass media-- raises relatively new issues for the profession, the concerns at the heart of the debate are the oldest that lawyers as a profession face. Lawyer advertising at its core is concerned with "professionalism": how lawyers, as an organized profession, ought to deliver legal service to the public.

Immediately following Bates, most state bar associations …

Mandatory Pro Bono, Roger C. Cramton

Cornell Law Faculty Publications

Should lawyers be required to devote a portion of their time or money to public service activities? This issue, commonly referred to as "mandatory pro bono," is much discussed these days. The purpose of this article is to illuminate the policychoices before the profession by surveying the arguments for and against mandatory pro bono.

Greenmail, The Control Premium And Shareholder Duty, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

An Analysis Of Ethics Teaching In Law Schools: Replacing Lost Benefits Of The Apprentice System In The Academic Atmosphere, James E. Moliterno

Faculty Publications

No abstract provided.

Judicial Asceticism, Larry Kramer

Cardozo Law Review

No abstract provided.

Legal Malpractice And The Bad Faith Exception To The American Rule: A Suggested Approach For Addressing Intentional Lawyer Misconduct

Washington and Lee Law Review

No abstract provided.

Virtue And The Health Professions, Janet Pisaneschi

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society, February 8, 1991.