Legal Ethics and Professional Responsibility Commons^™

Nude Dancing Conveying A Message Or Eroticism And Sexuality Is Protected By The First Amendment But Can Be Limited Under State Police Powers Provided The Government Establishes A Substantial, Content-Neutral Purpose., Fred S. Wilson

St. Mary's Law Journal

In Barnes v. Glen Theatre, Inc., the Supreme Court held the First Amendment protects nude dancing as conveying an expressive message, but state police powers may limit protection if the government establishes a substantial, content-neutral purpose. It is a principal of constitutional law where an actor intends to convey a message by expressive conduct, the First Amendment protection extends to that expression. Traditionally, time, place, and manner regulations restricting expressive conduct based on either the subject-matter of the message or the viewpoint of the actor receive content-based classification. However, content-based regulation of expressive conduct is constitutional only when narrowly drawn …

The Trouble With Legal Ethics, William H. Simon

Faculty Scholarship

Legal ethics is a disappointing subject. From afar, it seems exciting; it promises to engage the central normative commitments that make lawyering a profession and that account for much of the nonpecuniary appeal of the lawyer's role. Thus, when people see public spirit among lawyers threatened by commercial self-seeking, they often prescribe increased attention to the teaching and -discussion of legal ethics as a remedy.

But close up, legal ethics usually turns out to be dull and dispiriting. At most law schools, students find the course in legal ethics or professional responsibility boring and insubstantial, and faculty dread having to …

The Future Of Legal Ethics, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Lawyers And Liberations, Robert E. Rodes

Journal Articles

The Jesuit educational tradition stresses the importance of service to the community and especially to its underprivileged members. Much of the discussion at the Ignatian Year celebration held at St. Louis University centered on the role of the law school in the Jesuit educational tradition. However, I would like to propose that this discussion take on a much larger focus.

The ideas of community service, solidarity with the poor and professionalism within an ethical context, although integral to the Jesuit tradition, are relevant to society as a whole. Furthermore, integration of these concepts into law school education is merely a …

Inaugural Howard Lichtenstein Lecture In Legal Ethics: Lawyer Professionalism As A Moral Argument, Thomas L. Shaffer

Journal Articles

The recurrent movement to call or recall lawyers to professionalism is a moral argument. It is an argument made to individual lawyers, a claim among lawyers, that professionalism has to do with being a good person.

I see two aspects to the claim that professionalism is a moral value: one aspect says to a person "be professional." It is an admonition to virtue. The other aspect says to a person, "be in the profession—be of it," with an appeal that seems familiar from other admonitions we have heard to align ourselves with groups that are supposed to make us better …

Doing Business: The Management Of Uncertainty In Lawyers' Work, John Flood

Articles by Maurer Faculty

Apparently naive, but in fact not, is the question: What do lawyers do? Many scholars assume the central role of the lawyer is that of the advocate, but among lawyers working in law firms advocacy consumes little of their time. Similarly, the term lawyer provides hardly any meaning in itself. The research presented here is based on a participant-observation study of a corporate law firm. The central thesis proposed, in the light of case studies of the selling of shopping mall and the arranging of a bank loan, is that business lawyers are engaged in managing uncertainty for both their …

Self-Regulation Of Judicial Misconduct Could Be Mis-Regulation, Anthony D'Amato

Michigan Law Review

Judge Harry T. Edwards has written a lucid and seemingly logical plea for the judiciary to be granted exclusive self-regulation over all matters of judicial misconduct that fall short of crimes or impeachable offenses. His essay demonstrates the seriousness with which he regards misconduct that would bring shame to the federal judiciary. He believes that the judiciary as a whole is the best institution to ascertain and take measures against individual aberrant judges who are guilty of various forms of misconduct, and I have no doubt of the sincerity of his belief. Yet when we look at claims for self-regulation …

Legal Ethics, L. Ray Patterson

Mercer Law Review

With one exception, the legal ethics cases this year involved well established rules of law. The case constituting the exception dealt with the breach of a rule of ethics as the basis for a malpractice claim. This Article will discuss that issue first and then will proceed to discuss other relevant cases.

Ethics In Tax Practice: Emerging Standards For Reporting Tax Return Postings, Kenneth L. Harris

William & Mary Annual Tax Conference

No abstract provided.

Television Technology And Moral Literacy, Clifford G. Christians

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society March 22, 1990.

Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann

Faculty Scholarship

This Essay is an effort to construct a normative basis for a constitutional theory to resist the Supreme Court's recent decision in DeShaney v. Winnebago County Department of Social Services.¹ In DeShaney, the Court decided that a local social service worker's failure to prevent child abuse did not violate the due process clause of the fourteenth amendment even though the social worker "had reason to believe" the abuse was occurring. ² Chief Justice Rehnquist's opinion for the Court held that government inaction cannot violate due process unless the state has custody of the victim, ³ thus settling a controversial …

The Most Fundamental Change In The Criminal Justice System: The Role Of The Prosecutor In Sentence Reduction, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

As every lawyer knows, the prosecutor is the most powerful figure in the American criminal justice system. The prosecutor decides whom to charge, what charges to bring, whether to permit a defendant to plead guilty, and whether to confer immunity. In carrying out this broad decision-making power, the prosecutor enjoys considerable independence. Indeed, one of the most elusive and vexing subjects in criminal justice has been to define the limits of the prosecutor’s discretion.

The Legal Skills Program At The College Of William And Mary: An Early Report, James E. Moliterno

Journal of Legal Education

No abstract provided.

Teaching Professional Responsibility And Professionalism In Legal Writing, Margaret Z. Johns

Journal of Legal Education

No abstract provided.

Book Review, Mitchell M. Simon

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

Review of the book Codes of Professional Responsibility (Rena A. Gorlin, ed., BNA Books, 1990). This 555 page book includes 43 codes of conduct promulgated by the major professional associations in business, health, and law. Each code is preceded by a brief description of the relevant association, including its address and phone number, and information relating to implementation and enforcement. The book concludes with three helpful resource lists including: first, research centers, educational programs and governmental bodies dealing with ethical issues; second, journals and periodical services; and, third, bibliographies, databases and libraries with special ethics collections. The resource sections and …

Legal Representation And The Next Steps Toward Client Control: Attorney Malpractice For The Failure To Allow The Client To Control Negotiation And Pursue Alternatives To Litigation, Robert F. Cochran, Jr.

Washington and Lee Law Review

No abstract provided.

Higher-Order Discrimination, Adrian M. S. Piper

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society January 22, 1990.

On The Critical Tribunal, Stephen Watson

Cardozo Law Review

No abstract provided.

Laying Down The Law In Literature: The Example Of Kleist, J. Hillis Miller

Cardozo Law Review

No abstract provided.

Judgment After The Fall, Barbara Herrnstein Smith

Cardozo Law Review

No abstract provided.

Ringing The Bell, Roger J. Miner '56

Legal Education

No abstract provided.

Lawyer's Justice, William A. Edmundson

Michigan Law Review

A Review of Lawyers and Justice: An Ethical Study by David Luban, and The Social Responsibilities of Lawyers: Case Studies by Philip B. Heymann and Lance Liebman

Women's Dilemma: Is It Reasonable To Be Rational?, Harriet Baber

Center for the Study of Ethics in Society Papers

Based on a presentation to the WMU Center for the Study of Ethics in Society February 17, 1990.

The Adversarial System At Risk, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The most ominous recent development affecting the balance of forces in the adversary system is the unprecedented attack by prosecutors on criminal defense lawyers themselves. Grand jury subpoenas to attorneys, law office searches, disqualification motions, fee forfeiture proceedings, and, most recently, IRS attempts to enforce currency-reporting regulations do not seem to be isolated occurrences or mere happenstance. Rather, perhaps inspired by Shakespeare's injunction in Henry VI to "kill all the lawyers," some prosecutors appear to have concluded that the most effective way to prevail in the battle against crime is to cripple the defense lawyers, particularly those who represent defendants …

Attorney And Client—Conflict Of Interest—Prohibition Against Appearance Of Impropriety Retained Under Model Rules Of Professional Conduct. First American Carriers, Inc. V. Kroger Co., 302 Ark. 86, 787 S.W.2d 669 (1990)., David Ivers

University of Arkansas at Little Rock Law Review

No abstract provided.

Clearly Erroneous: The Fourth Circuit's Decision To Uphold Removal Of A State-Bar Disciplinary Proceeding Under The Federal-Officer Removal Statute, Franklin D. Cleckley

West Virginia Law Review

No abstract provided.

Restraining The Overly Zealous Advocate: Time For Judicial Intervention, Paul Lowell Haines

Indiana Law Journal

No abstract provided.

Mar. 8, 1990, Ifc, Procedure For Environmental Review Of Ifc Projects, Ifc

IFC E&S Performance Standards

No abstract provided.

Are Law And Morality Distinct?, William A. Edmundson

Brigham Young University Journal of Public Law

No abstract provided.

Ethical Reasoning And Analysis: The Elements, Martin Benjamin

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society February 10, 1989.