Legal Ethics and Professional Responsibility | Open Access Articles

Recent Developments: Interspousal Tort Immunity, Karen L. Sussman

University of Baltimore Law Forum

No abstract provided.

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Review Of Managing The Recruitment Process, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

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The Professional Responsibility Of Teachers Of Professional Responsibility, Thomas L. Shaffer

University of Baltimore Law Forum

No abstract provided.

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Everybody's Doing It—But Who Should Be? Standing To Make A Disqualification Motion Based On An Attorney's Representation Of A Client With Interests Adverse To Those Of A Former Client, Andra Barmash Greene

Seattle University Law Review

This article examines the issue of standing for disqualification motions based on an attorney’s representation of a client with interest adverse to those of a former client of the attorney. The article focuses on the appropriateness of granting standing to nonclients to make disqualification motions, particularly when the former client has not objected to the attorney’s alleged conflict of interest. First, the article examines the Model Code of Professional Responsibility provisions implicated when an attorney is charged with a conflict of interest between present and former clients to discern what rights the Code wanted to safeguard. Second, this article considers …

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Toward A Common Law For Undercover Investigations - A Book Review Of Abscam Ethics: Moral Issues And Deception In Law Enforcement, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

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University Of Baltimore Law Forum Volume 14 Number 1 (Fall 1983) Front Matter

University of Baltimore Law Forum

No abstract provided.

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Point/Counterpoint: Lawyer Advertising - We Will Hand You No Line Before Its Time, John A. Lynch Jr.

University of Baltimore Law Forum

No abstract provided.

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Legal Ethics And Class Actions: Problems, Tactics And Judicial Responses, Richard H. Underwood

Law Faculty Scholarly Articles

Perhaps no procedural innovation has generated more controversy than the class action. As Professor Arthur Miller has observed, debate over “class action problem[s]” has raged at several different levels. For example, opponents and proponents of class actions disagree on whether such actions produce socially desirable results in an economical fashion and whether an already overburdened judiciary can handle the additional supervisory demands of the class action. Recently, a somewhat more ideological dialogue has addressed the merit of publicly funded class actions. Such questions arise only indirectly in the context of class action litigation. However, a certain hostility toward class actions …

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The Emergence Of Punitive Damages In Product Liability Actions: A Further Assault On The Citadel., James B. Sales

St. Mary's Law Journal

Abstract Forthcoming.

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Legal Ethics And Class Actions: Problems, Tactics And Judicial Responses, Richard H. Underwood

Kentucky Law Journal

No abstract provided.

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The Revised Texas Usury Ceilings - A New Alice In Wonderland., Frank A. St. Claire, Sara Greenwood Hogan

St. Mary's Law Journal

Abstract Forthcoming.

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Constitutional Law - Presidential Immunity - The President Is Absolutely Immmune From Civil Damages Liability For Acts Done Within The Outer Perimeter Of His Official Capacity Symposium - Selected Topics On Constitutional Law - Case Note., Laura H. Burney

St. Mary's Law Journal

Abstract Forthcoming.

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The Windfall Profit Tax Exposed., J. Matthew Dow

St. Mary's Law Journal

Abstract Forthcoming.

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Fundamentals Of Doing Business With Mexico: After The Exchange Control., Carlos R. Valencia Barrera, Rodrigo Sanchez-Mejorada Rodrigo

St. Mary's Law Journal

Abstract Forthcoming.

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Historic District Zoning: A Texas Overview., Margaret Corning Boldrick

St. Mary's Law Journal

Abstract Forthcoming.

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Reciprocal Agreements In Shopping Center Developments., Thomas J. Terkel

St. Mary's Law Journal

Abstract Forthcoming.

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A Synopsis Of The Federal Juvenile Delinquency Act., William S. Sessions, Faye M. Bracey

St. Mary's Law Journal

The Juvenile Justice and Delinquency Prevention Act of 1974 (Act) was passed by the United States Congress on September 7, 1974. The Act amended the Federal Juvenile Delinquency Act (FJDA) which had been virtually unchanged since its enactment in 1938. The Act sets up a procedural framework for the treatment of minors who are within the jurisdictional reach of a federal court due to the commission of an act which contradicts a federal criminal statute. With a thorough understanding of the original FJDA and its amendments, benefits, required procedures, and a juvenile’s constitutional rights, counsel for a juvenile offender in …

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Community Property - Division Of Property Upon Divorce - Property Acquired During Marriage In A Common Law State Except By Gift, Devise, Or Descent Should Be Treated As Community Property., David H. Brock

St. Mary's Law Journal

Abstract Forthcoming.

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An Overview Of Prisoners' Rights: Part I, Access To The Courts Under Section 1983 Symposium - Selected Topics On Constitutional Law - Comment., James M. Hill

St. Mary's Law Journal

Abstract Forthcoming.

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An Overview Of Prisoners' Rights: Part Ii, Conditions Of Confinement Under The First And Eighth Amendments Symposium - Selected Topics On Constitutional Law - Comment., Bobby Scheihing

St. Mary's Law Journal

Abstract Forthcoming.

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Constitutional Rights Of The Involuntarily Committed Mentally Retarded After Youngberg V. Romeo Symposium - Selected Topics On Constitutional Law - Comment., Diane M. Weidert

St. Mary's Law Journal

Abstract Forthcoming.

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The Current State Of Usury Law In Texas., Michele M. Hightower

St. Mary's Law Journal

Abstract Forthcoming.

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Lawyers' Negligence Liability To Non-Clients: A Texas Viewpoint., Brian J. Davis

St. Mary's Law Journal

Courts should examine the relationship of a non-client to a negligent lawyer to determine whether a lawyer is liable to a non-client despite lack of privity. In most jurisdictions, attorneys enjoy the privity of contract requirement which limits their duty to exercise reasonable care. As a result, lawyers are normally immune to negligent malpractice actions brought by non-clients. Courts should examine the relationship between the attorney and the non-client to determine whether the requirement of privity is an overly restrictive limit on the lawyer’s scope of duty. These relationships can be classified into three categories. The first category involves plaintiffs …

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The Due On Sale Clause In A Deed Of Trust Is Not An Invalid Restraint On The Alienation Of Property., Susan H. Cregor

St. Mary's Law Journal

Abstract Forthcoming.

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Law School Honor Codes, Fritz Snyder, Shirley Goza

Faculty Journal Articles & Other Writings

This article reviews the kind of ethics codes or honor codes law schools have post adoption of a new ethics code by the American Bar Association (the Model Rules of Professional Conduct) in 1983.

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Free Appropriate Public Education Of Handicapped Children Requires Personalized Instruction And Support Services To Produce Beneficial Results But Does Not Require Reaching Full Potential Of Handicapped Student., Margaret Corning Boldrick

St. Mary's Law Journal

Abstract Forthcoming.

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An At-Will Employee May Be Fired Despite Motives Which Violate State Public Policy., Kelsey Menzel

St. Mary's Law Journal

Scholars generally agree children possess fewer rights than adults under the Constitution. Moreover, the school, as a restricted environment, places additional constraints on the constitutional rights of minors. In recent years, however, the Supreme Court extended to minor students the rights of equal protection and civil due process. In Tinker v. Des Moines Independent Community School District, the Court acknowledged children have First Amendment rights of self-expression in a school environment. This marked a significant change from the judiciary’s traditional reluctance to interfere in school matters. Subsequent First Amendment challenges to school board decisions have focused on library book removal. …

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A Constitutional Analysis Of The English Literacy Requirement Of The Naturalization Act Symposium - Selected Topics On Constitutional Law., Ricardo Gonzalez Cedillo

St. Mary's Law Journal

Abstract Forthcoming.

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Rethinking The Legal Profession's Approach To Collective Self-Improvement: Competence And The Consumer Perspective, Bryant G. Garth

Articles by Maurer Faculty

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Professional Responsibilities Of The Federal Prosecutor, John S. Edwards

University of Richmond Law Review

The United States Attorney is in a unique and powerful position to affect the lives of many persons in the administration of justice in his district. He is vested with broad discretionary authority as the district's chief federal law enforcement officer and prosecutor; this includes the authority to initiate investigations and to bring charges. In exercising his responsibilities, he must be vigorous and vigilant in attacking crime, but must temper his zeal with a recognition that his broader responsibilities are to seek justice and not merely to prosecute with the single-minded goal of winning cases and achieving convictions. He must …

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Full-Text Articles in Legal Ethics and Professional Responsibility

Recent Developments: Interspousal Tort Immunity, Karen L. Sussman

University of Baltimore Law Forum

Review Of Managing The Recruitment Process, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

The Professional Responsibility Of Teachers Of Professional Responsibility, Thomas L. Shaffer

University of Baltimore Law Forum

Everybody's Doing It—But Who Should Be? Standing To Make A Disqualification Motion Based On An Attorney's Representation Of A Client With Interests Adverse To Those Of A Former Client, Andra Barmash Greene

Seattle University Law Review

Toward A Common Law For Undercover Investigations - A Book Review Of Abscam Ethics: Moral Issues And Deception In Law Enforcement, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

University Of Baltimore Law Forum Volume 14 Number 1 (Fall 1983) Front Matter

University of Baltimore Law Forum

Point/Counterpoint: Lawyer Advertising - We Will Hand You No Line Before Its Time, John A. Lynch Jr.

University of Baltimore Law Forum

Legal Ethics And Class Actions: Problems, Tactics And Judicial Responses, Richard H. Underwood

Law Faculty Scholarly Articles

The Emergence Of Punitive Damages In Product Liability Actions: A Further Assault On The Citadel., James B. Sales

St. Mary's Law Journal

Legal Ethics And Class Actions: Problems, Tactics And Judicial Responses, Richard H. Underwood

Kentucky Law Journal

The Revised Texas Usury Ceilings - A New Alice In Wonderland., Frank A. St. Claire, Sara Greenwood Hogan

St. Mary's Law Journal

Constitutional Law - Presidential Immunity - The President Is Absolutely Immmune From Civil Damages Liability For Acts Done Within The Outer Perimeter Of His Official Capacity Symposium - Selected Topics On Constitutional Law - Case Note., Laura H. Burney

St. Mary's Law Journal

The Windfall Profit Tax Exposed., J. Matthew Dow

St. Mary's Law Journal

Fundamentals Of Doing Business With Mexico: After The Exchange Control., Carlos R. Valencia Barrera, Rodrigo Sanchez-Mejorada Rodrigo

St. Mary's Law Journal

Historic District Zoning: A Texas Overview., Margaret Corning Boldrick

St. Mary's Law Journal

Reciprocal Agreements In Shopping Center Developments., Thomas J. Terkel

St. Mary's Law Journal

A Synopsis Of The Federal Juvenile Delinquency Act., William S. Sessions, Faye M. Bracey

St. Mary's Law Journal

Community Property - Division Of Property Upon Divorce - Property Acquired During Marriage In A Common Law State Except By Gift, Devise, Or Descent Should Be Treated As Community Property., David H. Brock

St. Mary's Law Journal

An Overview Of Prisoners' Rights: Part I, Access To The Courts Under Section 1983 Symposium - Selected Topics On Constitutional Law - Comment., James M. Hill

St. Mary's Law Journal

An Overview Of Prisoners' Rights: Part Ii, Conditions Of Confinement Under The First And Eighth Amendments Symposium - Selected Topics On Constitutional Law - Comment., Bobby Scheihing

St. Mary's Law Journal

Constitutional Rights Of The Involuntarily Committed Mentally Retarded After Youngberg V. Romeo Symposium - Selected Topics On Constitutional Law - Comment., Diane M. Weidert

St. Mary's Law Journal

The Current State Of Usury Law In Texas., Michele M. Hightower

St. Mary's Law Journal

Lawyers' Negligence Liability To Non-Clients: A Texas Viewpoint., Brian J. Davis

St. Mary's Law Journal

The Due On Sale Clause In A Deed Of Trust Is Not An Invalid Restraint On The Alienation Of Property., Susan H. Cregor

St. Mary's Law Journal

Law School Honor Codes, Fritz Snyder, Shirley Goza

Faculty Journal Articles & Other Writings

Free Appropriate Public Education Of Handicapped Children Requires Personalized Instruction And Support Services To Produce Beneficial Results But Does Not Require Reaching Full Potential Of Handicapped Student., Margaret Corning Boldrick

St. Mary's Law Journal

An At-Will Employee May Be Fired Despite Motives Which Violate State Public Policy., Kelsey Menzel

St. Mary's Law Journal

A Constitutional Analysis Of The English Literacy Requirement Of The Naturalization Act Symposium - Selected Topics On Constitutional Law., Ricardo Gonzalez Cedillo

St. Mary's Law Journal

Rethinking The Legal Profession's Approach To Collective Self-Improvement: Competence And The Consumer Perspective, Bryant G. Garth

Articles by Maurer Faculty

Professional Responsibilities Of The Federal Prosecutor, John S. Edwards

University of Richmond Law Review