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Articles 7261 - 7290 of 7955
Full-Text Articles in Legal Ethics and Professional Responsibility
Overview: Plea Bargaining In Texas., Phillip R. Spicer Jr.
Overview: Plea Bargaining In Texas., Phillip R. Spicer Jr.
St. Mary's Law Journal
Abstract Forthcoming.
Sixth Amendment Right To Speedy Trial Does Not Apply During Interim Between Dismissal Of Charges And Subsequent Indictment By Same Sovereign., Nancy Nowlin Kerr
Sixth Amendment Right To Speedy Trial Does Not Apply During Interim Between Dismissal Of Charges And Subsequent Indictment By Same Sovereign., Nancy Nowlin Kerr
St. Mary's Law Journal
Abstract Forthcoming.
David Hoffman's Law School Lectures, 1822-1833, Thomas L. Shaffer
David Hoffman's Law School Lectures, 1822-1833, Thomas L. Shaffer
Journal Articles
The Baltimore lawyer and teacher David Hoffman (1784-1854), the father of American legal ethics, was also the first of the systematic American legal educators. He held one of the first appointments in this country as a university law professor (at the University of Maryland, 1814-43) and wrote the first American outline of the study of law. Joseph Story, in a contemporary review of the 1817 Course, called Hoffman's work "an honour to our country[,] . . . by far the most perfect system for the study of the law that has ever been offered to the public. " Chancellor James …
Natural Law And The "Is"-"Ought" Question: An Invitation To Professor Veatch, John M. Finnis
Natural Law And The "Is"-"Ought" Question: An Invitation To Professor Veatch, John M. Finnis
Journal Articles
This Article invites Professor Henry Veatch to consider some of Finnis' previous work. Finnis asserts that his work presents "serious questions" for those who interpret Aristotle and Acquinas in the way the Veatch does and invites Veatch to respond.
A Gathering Of Legal Scholars To Discuss The Professional Responsibility And The Model Rules Of Professional Conduct: Panel Discussion
University of Miami Law Review
No abstract provided.
How Far May A Lawyer Go In Assisting A Client In Legally Wrongful Conduct?, Geoffrey C. Hazard Jr.
How Far May A Lawyer Go In Assisting A Client In Legally Wrongful Conduct?, Geoffrey C. Hazard Jr.
University of Miami Law Review
Professor Hazard discusses the dimensions of the lawyer conduct prohibited by DR 7-102(A)(7) of the Model Code of Professional Responsibility, which provides that a lawyer shall not "[c]ounsel or assist his client in conduct that the lawyer knows to be illegal or fraudulent." After reviewing relevant principles of agency, tort, and criminal law, Professor Hazard concludes by asking whether it is this positive law outside of the Code that defines the scope of conduct prohibited by DR 7-102(A)(7), or whether the Code contains its own standard that, because of the nature of the lawyer-client relationship, permits lawyers to engage …
Are The Model Rules Unconstitutional?, Monroe H. Freedman
Are The Model Rules Unconstitutional?, Monroe H. Freedman
University of Miami Law Review
In this article, Professor Freedman condemns the provisions of the proposed Model Rules of Professional Conduct that would require a lawyer to reveal his client's perjury to a court. Viewing these provisions as an assault on the lawyer-client privilege and the adversary system, which are protected by the fifth and sixth amendments to the United States Constitution, Professor Freedman offers the American Lawyer's Code of Conduct, for which he served as the Reporter, as an alternative. Professor Freedman views the American Lawyer's Code as the preferable alternative to the present ABA Model Code of Professional Responsibility because the American Lawyer's …
The Function Of A Code Of Legal Ethics, L. Ray Patterson
The Function Of A Code Of Legal Ethics, L. Ray Patterson
University of Miami Law Review
The traditional view that the function of a code of legal ethics is to define the duties of lawyers and the rights of clients is based on the perception of the lawyer-client relationship as one of simple agency in which the lawyer has the utmost duty of loyalty to the client. The author suggests, however, that this perception is a fallacy that, by overlooking the fact that clients also have duties and lawyers also have rights, can result in antilegal rules of ethics. This result can be escaped, the author proposes, by integrating rules of ethics and rules of positive …
Evaluation Of A Bar Applicant's Moral Character: May A State Consider The Circumstances Surrounding A Discharge In Bankruptcy, William Owen Weiss
Evaluation Of A Bar Applicant's Moral Character: May A State Consider The Circumstances Surrounding A Discharge In Bankruptcy, William Owen Weiss
Indiana Law Journal
No abstract provided.
Hospice: The Legal Ramifications Of A Place To Die, Abigail Lawlis Kuzma
Hospice: The Legal Ramifications Of A Place To Die, Abigail Lawlis Kuzma
Indiana Law Journal
No abstract provided.
A Mandatory Pro Bono Service Standard-Its Time Has Come, Chesterfield H. Smith
A Mandatory Pro Bono Service Standard-Its Time Has Come, Chesterfield H. Smith
University of Miami Law Review
Despite the efforts of ardent advocates such as Chesterfield Smith, former president of the American Bar Association, the legal profession has continually failed to adopt a rule requiring mandatory pro bono services. In this article, Mr. Smith proposes a definitive, yet flexible, pro bono rule to govern lawyers' conduct. The author explains that the flexible nature of such a rule will accommodate the individual circumstances of members of the bar while serving the needs of society.
The Code Of Professional Responsibility, The Kutak Rules, And The Trial Lawyer's Code: Surprisingly, Three Peas In A Pod, W. William Hodes
The Code Of Professional Responsibility, The Kutak Rules, And The Trial Lawyer's Code: Surprisingly, Three Peas In A Pod, W. William Hodes
University of Miami Law Review
No abstract provided.
Legal Malpractice—Expansion Of The Standard Of Care: Duty To Refer—Horne V. Peckham, 97 Cal. App. 3d 404, 158 Cal. Rptr. 714 (1979), Karen J. Feyerherm
Legal Malpractice—Expansion Of The Standard Of Care: Duty To Refer—Horne V. Peckham, 97 Cal. App. 3d 404, 158 Cal. Rptr. 714 (1979), Karen J. Feyerherm
Washington Law Review
This note analyzes the Home court's reasoning in expanding the standard of care in legal malpractice actions to include a duty to refer and in holding attorneys to the same standard of care as physicians. This note also evaluates the considerations relevant to distinguishing "specialist" cases from "generalist" cases and the need for expert testimony in determining liability for failure to refer.
Sec Disciplinary Proceedings Against Attorneys Under Rule 2 ( E ), Michigan Law Review
Sec Disciplinary Proceedings Against Attorneys Under Rule 2 ( E ), Michigan Law Review
Michigan Law Review
This Note reassesses SEC authority to discipline attorneys under rule 2( e ). Part I explores the history of rule 2( e) proceedings against attorneys and the troublesome policy issues raised by the SEC's new approach to rule 2(e) enforcement. Part II examines the SEC's claim that general rulemaking provisions give it authority to discipline attorneys. The Note concludes that a proper construction of statutes and case law bars rule 2( e) proceedings against attorneys.
Prospective Waiver Of The Right To Disqualify Counsel For Conflicts Of Interest, Michigan Law Review
Prospective Waiver Of The Right To Disqualify Counsel For Conflicts Of Interest, Michigan Law Review
Michigan Law Review
Part I of the Note discusses canon 4, first explaining the presumptions and policies that underlie it, then arguing that courts should enforce prospective waivers of the presumption of shared confidences when conditioned on the law firm's effective screening of client confidences - keeping them from the attorneys within the firm who will take part in the adverse representation. Part II turns to canon 5, and argues that prospective waivers of the presumption of diluted loyalties should be enforced against clients moving to disqualify law firms for a canon 5 violation.
Admission To The Bar: A Constitutional Analysis, Ben C. Adams, Edward H. Benton, David A. Beyer, Harrison L. Marshall, Jr., Carter R. Todd, Jane G. Allen Special Projects Editor
Admission To The Bar: A Constitutional Analysis, Ben C. Adams, Edward H. Benton, David A. Beyer, Harrison L. Marshall, Jr., Carter R. Todd, Jane G. Allen Special Projects Editor
Vanderbilt Law Review
This Special Project examines and analyzes selected constitutional challenges to requirements for permanent and temporary admission to the bar. In the area of permanent admission, the Special Project looks at constitutional challenges to three qualifications typically required of bar applicants by states: demonstration of good moral character, successful completion of a bar examination, and residency. In the area of admission "pro hac vice", the Project examines constitutional challenges to the basis on which judges have denied temporary admission to an applicant.
Moral Theory, The Developmental Psychology Of Ethical Autonomy And Professionalism, David A. J. Richards
Moral Theory, The Developmental Psychology Of Ethical Autonomy And Professionalism, David A. J. Richards
Journal of Legal Education
No abstract provided.
Henry Knox And The Moral Theology Of Law Firms, Thomas L. Shaffer
Henry Knox And The Moral Theology Of Law Firms, Thomas L. Shaffer
Washington and Lee Law Review
No abstract provided.
Retaining Traditional Tort Liability In The Nonmedical Professions, Carl S. Hawkins
Retaining Traditional Tort Liability In The Nonmedical Professions, Carl S. Hawkins
BYU Law Review
No abstract provided.
Alternatives To The Tort System For The Nonmedical Professions: Can They Do The Job?, Kenneth S. Abraham
Alternatives To The Tort System For The Nonmedical Professions: Can They Do The Job?, Kenneth S. Abraham
BYU Law Review
No abstract provided.
Lawyer Advertising And The First Amendment, Lori B. Andrews
Lawyer Advertising And The First Amendment, Lori B. Andrews
All Faculty Scholarship
No abstract provided.
Judicial Control Over The Bar Versus Legislative Regulation Of Governmental Ethics: The Pennsylvania Approach And A Proposed Alternative, Stephen J. Shapiro
Judicial Control Over The Bar Versus Legislative Regulation Of Governmental Ethics: The Pennsylvania Approach And A Proposed Alternative, Stephen J. Shapiro
Duquesne Law Review
Pennsylvania courts, led by the Supreme Court of Pennsylvania, recently have declared two sections of the Pennsylvania Ethics Act unconstitutional as applied to judges and attorneys. Citing the exclusive power of the supreme court to regulate the practice of law in Pennsylvania, the courts have struck down the Act's postemployment restriction and financial disclosure requirement. The author critically examines the Pennsylvania decisions in this area and concludes that the courts' reasoning is contrary to settled principles of separation of powers. He suggests an alternative approach for determining the constitutionality of ethics legislation that regulates the conduct of the judiciary and …
Lawyers Are People Too..., Donald L. Burnett Jr.
Current Format Of The Code Of Professional Responsibility Should Be Amended, Not Abandoned, To Accomodate The Need For Change, Alexander Unkovic
Current Format Of The Code Of Professional Responsibility Should Be Amended, Not Abandoned, To Accomodate The Need For Change, Alexander Unkovic
Villanova Law Review (1956 - )
No abstract provided.
An Analysis Of The Employment Patterns Of Minority Law Graduates, Gary A. Munneke
An Analysis Of The Employment Patterns Of Minority Law Graduates, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
This article will discuss the findings of the annual Employment Report of the National Association for Law Placement (NALP) as they relate to the employment patterns of black law school graduates. The NALP surveys provide a reliable and informative picture of legal employment in this country. The survey should prove useful in the development of in-depth instruments to measure career development among black attorneys. This article will present the background and methodology of the Employment Survey in order to aid in the interpretation of the data.
Ethics, Marshall J. Breger
The Proposed Revisions Of The Code Of Professional Responsibility: Solving The Crisis Of Professionalism, Or Legitimating The Status Quo, Mary Joe Frug
Villanova Law Review (1956 - )
No abstract provided.
In Support Of The Proposed Model Rules Of Professional Conduct, Robert B. Mckay
In Support Of The Proposed Model Rules Of Professional Conduct, Robert B. Mckay
Villanova Law Review (1956 - )
No abstract provided.
Legal Ethics: Ideas In Conflict - Editor's Preface, Doris Del Tosto
Legal Ethics: Ideas In Conflict - Editor's Preface, Doris Del Tosto
Villanova Law Review (1956 - )
No abstract provided.
Federal Courts And Procedure, Various Editors
Federal Courts And Procedure, Various Editors
Villanova Law Review (1956 - )
No abstract provided.