Legal Ethics and Professional Responsibility Commons^™

Practice And Procedure Under Amended Rule 11 Of The Federal Rules Of Civil Procedure, Kevin P. Roddy, William Woodward Webb

Campbell Law Review

The purpose of this article is to explore the substantive provisions of amended Rule 11 and its historic antecedents, the procedure by which sanctions may be sought and/or imposed, the sanctions which the court may impose and the persons upon whom the sanctions can be imposed.

An Overview Of The Law Of Professional Responsibility: The Rules Of Professional Conduct Annotated And Analyzed, Robert H. Aronson

Articles

This Article contains two parts with different purposes. The first part consists of an introduction and critique of the recently adopted Washington Rules of Professional Conduct. Some of the rules that differ from the Model Rules, that violate Constitutional requirements, or that inappropriately resolve competing policies are evaluated. Two of the most important areas—confidentiality and advertising—are treated separately and in-depth in student Survey Comments. The second part of this Article consists of an overview of the law of professional responsibility in Washington. It follows the organization and rule sequence of the RPC, with annotations, applications, and interpretations from the ABA …

The First Amendment, Commercial Speech, And The Advertising Lawyer, Justice Vernon R. Pearson, Michael O'Neill

Seattle University Law Review

The Supreme Court, in a few cases scattered over several decades, has implied the existence of a public right to a free flow of information as one facet of the freedom of speech; yet the Court has refrained from specifically basing a decision on any such right. But with the recent line of commercial speech decisions, the concept-of a public right to a free flow of information has become firmly established and merits detailed examination. That right, and the rationale of the Court in its commercial speech cases, may have far ranging implications. This Article explores these implications in three …

The Duty To Criticize The Courts (Ii), Roger J. Miner '56

Judges

No abstract provided.

Protecting The Record For Appeal: A Reference Guide In Texas Civil Cases., David E. Keltner, Melinda R. Burke

St. Mary's Law Journal

Abstract Forthcoming.

Take-Or-Pay Provisions: Major Problems For The Natural Gas Industry Comment., David L. Roland

St. Mary's Law Journal

A prompt solution to the take-or-pay problem is vital to the survival of the natural gas industry. Due to the increasingly turbulent and unpredictable natural gas market, most natural gas producers include a take-or-pay provision in their gas purchase contracts. Take-or-pay provisions require a pipeline company to either take an amount of natural gas from the producer or the company must pay for the specified amount. The market, however, has changed and the demand for natural gas declined. The demand can be partly attributed to the energy crisis of a decade ago. As a result of the crisis, consumers are …

Why Kentucky Should Adopt The Aba's Model Rules Of Professional Conduct, Eugene R. Gaetke

Law Faculty Scholarly Articles

In 1983, after six years of drafting and lively debate, the American Bar Association adopted the Model Rules of Professional Conduct as its most recent statement of the ethical norms of the legal profession. Shortly thereafter the ABA forwarded the rules to the states for consideration and possible adoption as binding ethical principles. As of this writing, a number of states have adopted the Model Rules, in full or in substantial form, and several more have proposals for such adoption pending before their supreme courts

The Kentucky Supreme Court presently awaits the state bar association's recommendation regarding the Model Rules' …

Ethics And The Settlement Of Civil Rights Cases: Can Attorneys Keep Their Virtue And Their Fees?, Lloyd B. Snyder

Law Faculty Articles and Essays

The Civil Rights Attorneys' Fees Award Act of 1976 authorizes an award of fees to the prevailing party in a civil rights action. The United State Supreme Court, in Evans v. Jeff D., has interpreted the Fees Act to authorize the parties in a civil rights action to negotiate settlement of fees and merits jointly. The Court did not determine whether joint fees-merits negotiation is ethical. The author of this article contends that joint negotiation is ethical. He further contends that it is ethical for plaintiff's attorney to reject an offer of settlement if the offer is coupled with a …

Professional Responsibility, Thomas Sukowicz, Patricia Thompson

Loyola University Chicago Law Journal

No abstract provided.

Comments: Forfeiture Of Attorneys' Fees Under The Comprehensive Forfeiture Act Of 1984: Not What Congress Ordered, Daniel A. Guy Jr.

University of Baltimore Law Review

In 1984 Congress amended the criminal forfeiture provisions of the RICO and CCE statutes. The Department of Justice has interpreted the amended laws to allow for the restraint and forfeiture of assets transferred by a defendant to defense counsel as compensation for legitimate legal services. This comment explores the legislative history of the amendments, as well as the constitutional and ethical concerns which arise under the Department's interpretation, to conclude that Congress did not intend bona fide attorneys' fees to be subject to the forfeiture provisions of the RICO and CCE statutes.

The Ethical Dilemma Of Campaigning For Judicial Office: A Proposed Solution

Fordham Urban Law Journal

Candidates for judicial office looked to the Canons of Judicial Ethics for the appropriate behavior expected of a candidate during a judicial campaign. Canons 30 and 32 require candidates to remain free from an appearance of influence by those who have contributed to the campaign. The difficulty in complying with the need to raise money and to remain free from the appearance of influence led to the adoption of the Code of Judicial Conduct in 1972. Canon 7B(2) bars candidates from solicitation and acceptance of campaign contributions. The Note examines the ambiguities surrounding Canon 7B(2), and conducts a survey of …

Why Kentucky Should Adopt The Aba's Model Rules Of Professional Conduct, Eugene R. Gaetke

Kentucky Law Journal

No abstract provided.

The Best Evidence Article Of The Texas Rules Of Evidence., Olin Guy Wellborn Iii

St. Mary's Law Journal

Abstract Forthcoming.

Reversal Due To Fundamental Error In The Jury Charge Requires A Showing Of Egregious Harm To The Accused If The Error Is Not Objected To At Trial., Michael H. Bassett

St. Mary's Law Journal

Abstract Forthcoming.

An Employer's Intentional Failure To Maintain A Safe Work Place Is Not An Intentional Act Unless The Employer Is Substantially Certain That Such Conduct Would Cause The Injury., David S. Goldberg

St. Mary's Law Journal

Abstract Forthcoming.

Hospital Liability May Be Based On Either Doctrine Of Ostensible Agency Or Doctrine Of Corporate Negligence., Gregory T. Perkes

St. Mary's Law Journal

Abstract Forthcoming.

Foreword., Editorial Board St. Mary's Law Journal

St. Mary's Law Journal

Abstract Forthcoming.

Cancellation Of Water Rights In Texas: Use It Or Lose It., R. Lambeth Townsend

St. Mary's Law Journal

It is the constitutional duty of the State of Texas to conserve and develop the state’s water resources. Texas effectuates water conservation and utilization through its system of granting and administering rights for the beneficial use of the state’s water. The Supreme Court of Texas concluded the state can further conserve water by cancelling appropriations not beneficially used to the limit provided in the permit, certified filing, or certificate of adjudication. Cancellation of unused water rights enables the Water Commission to make water available for beneficial use by others. Only by the beneficial use of water can the state obtain …

The Continuing Voids In Texas Groundwater Law: Are Concepts And Terminology To Blame., Corwin W. Johnson

St. Mary's Law Journal

Abstract Forthcoming.

Texas' Interstate Water Compacts., Paul Elliott

St. Mary's Law Journal

Abstract Forthcoming.

Environmental Significance Of Instream Flows., James W. Johnston

St. Mary's Law Journal

Abstract Forthcoming.

A Primer On Trademarks And Service Marks., Lawrence E. Evans Jr.

St. Mary's Law Journal

Abstract Forthcoming.

The Profession As A Moral Teacher Legal Essay., Thomas Shaffer

St. Mary's Law Journal

Abstract Forthcoming.

The Vestiges Of The Texas Employment At-Will Doctrine In The Wake Of Progressive Law: The Employment Handbook Exception Comment., Brian Kennington Lowry

St. Mary's Law Journal

Under a traditional approach of the at-will rule, if an employer hires an employee for an indefinite term then the employer may terminate the employee at will. Modification of the at-will rule has gained widespread support throughout the country. A majority of states now follow the progressive view, which allows the employment manual to become part of the labor contract, thereby obligating employers to abide by manual provisions. The progressive view maintains that an employee’s continued service after an employer issues a manual, constitutes ample consideration to make the document binding. Once a court recognizes the existence of independent consideration, …

Court-Sponsored Custody Mediation To Prevent Parental Kidnapping: A Disarmament Proposal Comment., Sue T. Bentch

St. Mary's Law Journal

Texas should implement a court-sponsored custody mediation plan to prevent parental kidnapping. Each day, hundreds of parents kidnap their own children. These kidnapped children are often the innocent victims of an escalating custody battle between parents. The magnitude of the parental kidnapping problem has forced Congress and the legislatures of the various states to address its possible solution. Congress and state legislatures implemented the Uniform Child Custody Jurisdiction Act, the Parental Kidnapping Prevention Act of 1980, state criminal laws, civil laws, and tort suits to address the problem. Unfortunately, these remedies only address the problem after the abduction has occurred. …

Thinking About Federal Jurisdiction - Of Serpents And Swallows., Thomas E. Baker

St. Mary's Law Journal

Abstract Forthcoming.

Trial Court Jurisdiction And Control Over Judgments., David Peeples

St. Mary's Law Journal

Abstract Forthcoming.

Collecting Attorney Fees From The Government In Tax Litigation: An Analysis Of The Winners And Prospects For The Future., Craig J. Langstraat

St. Mary's Law Journal

Abstract Forthcoming.

Judgment Granting Equitable Relief Cannot Support Award Of Punitive Damages Where Actual Damages Are Not Also Recovered., Beth Mcallister

St. Mary's Law Journal

Abstract Forthcoming.

Introduction., Larry Soward

St. Mary's Law Journal

Abstract Forthcoming.