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Articles 121 - 150 of 158
Full-Text Articles in Legal Profession
Sec Enforcement Of Attorney Up-The-Ladder Reporting Rules: An Analysis Of Institutional Contraints, Norms, And Biases, Michael A. Perino
Sec Enforcement Of Attorney Up-The-Ladder Reporting Rules: An Analysis Of Institutional Contraints, Norms, And Biases, Michael A. Perino
Faculty Publications
In their paper and in their earlier comments to the SEC on the proposed attorney reporting rules, Professors Cramton, Cohen and Koniak do an excellent job recounting the genesis of the attorney reporting requirements in the Sarbanes-Oxley Act, describing the SEC's proposed and final rules and critiquing the rule's triggering mechanism and now apparently shelved noisy withdrawal requirement. Their case study of the recent Spiegel, Inc. independent examiner's report is a particularly useful vehicle for examining the practical implications of the SEC's policy and drafting choices. Although I was a member of a committee that submitted comments opposed to noisy …
Taking The Lawyer's Craft Into Virtual Space: Computer-Mediated Interviewing, Counseling, And Negotiating, Robert M. Bastress, Joseph D. Harbaugh
Taking The Lawyer's Craft Into Virtual Space: Computer-Mediated Interviewing, Counseling, And Negotiating, Robert M. Bastress, Joseph D. Harbaugh
Law Faculty Scholarship
Bellow's and Moulton's The Lawyering Process emphasized the need for law students and lawyers to draw on other disciplines for effective skills development, to make self-analysis of their professional skills and principles a career-long practice, and to remain ever vigilant of emerging ethical issues. This article attempts to honor those lessons by applying them to lawyers' use of computer mediated communication (CMC) in interacting with clients and in negotiating for clients. The article examines the social science research on CMC, applies that research to the lawyer's context, and makes some tentative assessments about the skills involved in lawyers' use of …
Charles Dickens' Bleak House: Mr. Tulkinghorn As A Successful Literary Lawyer, Maureen E. Markey
Charles Dickens' Bleak House: Mr. Tulkinghorn As A Successful Literary Lawyer, Maureen E. Markey
St. Thomas Law Review
After a short summary of the story of Bleak House, this Article analyzes the character of Mr. Tulkinghorn as a "successful literary lawyer" according to the criteria described by Richard Weisberg in his book Poethics. This Article concludes that, although Mr. Tulkinghom may be considered "successful" in one sense of the word-he is powerful, he achieves his goals, he makes money-he is an abject failure from an ethical, moral, humanistic, or any other perspective. Mr. Tulkinghorn's behavior simply cannot and should not be justified under ethical norms. This Article challenges attempts by lawyers to do so, as providing ammunition for …
The Intersection Of Law And Medicine Legal Ethics In Medicine: Foreword, Kathy L. Cerminara
The Intersection Of Law And Medicine Legal Ethics In Medicine: Foreword, Kathy L. Cerminara
St. Thomas Law Review
Foreword: The Intersection of Law and Medicine by Kathy L. Cerminara.
Creativity And The Law, Alfred C. Aman Jr.
Creativity And The Law, Alfred C. Aman Jr.
Alfred Aman Jr. (1991-2002)
No abstract provided.
A Law Culture Diagnostic, James R. Elkins
A Law Culture Diagnostic, James R. Elkins
Law Faculty Scholarship
No abstract provided.
Does Law And Literature Survive Lawyerland?, Sarah Krakoff
Does Law And Literature Survive Lawyerland?, Sarah Krakoff
Publications
No abstract provided.
American Lawyers And International Competence, Charlotte Ku, Christopher J. Borgen
American Lawyers And International Competence, Charlotte Ku, Christopher J. Borgen
Faculty Publications
Just over ten years ago, Germans tore down a wall that divided their country and the whole of Europe. Stepping through the hole in the Berlin Wall, they took the first steps towards the reunification of West and East Germany and the end of the Cold War. Today another wall is being torn down—that between purely domestic law and international law. Companies are engaged in international trade at ever increasing rates. Environmental degradation has proved to be a global problem that cannot be solved with uncoordinated local measures. Individuals worldwide are pressing their governments for the recognition of a common …
Teaching Jewish Law In American Law Schools: An Emerging Development In Law And Religion, Samuel J. Levine
Teaching Jewish Law In American Law Schools: An Emerging Development In Law And Religion, Samuel J. Levine
Scholarly Works
In recent years, religion has gained an increasing prominence in both the legal profession and the academy. Through the emergence of the "religious lawyering movement," lawyers and legal scholars have demonstrated the potential relevance of religion to many aspects of lawyering. Likewise, legal scholars have incorporated religious thought into their work through books, law journals and classroom teaching relating to various areas of law and religion. In this Essay, Levine discusses one particular aspect of these efforts, namely, the place of Jewish law in the American law school curriculum. Specifically, he outlines briefly three possible models for a course in …
Independent, Professional Judgment: The Essence Of Freedom, Bennett H. Brummer
Independent, Professional Judgment: The Essence Of Freedom, Bennett H. Brummer
St. Thomas Law Review
This Article will address the concept of professionalism from a criminal defense attorney's perspective and, more specifically, from the perspective of a public defender. The public defender mission is based on our ideals of freedom and equal justice under law. I have spent twenty-five years as a participant in, and observer of, our judicial system. Whether in government or professional circles, public defenders are often outsiders. We are often treated as the illegitimate children at the family reunion. It is from that perspective that I hope to be of some service to you.
Introductory Note: Symposium On Lawyering And Personal Values – Responding To The Problems Of Ethical Schizophrenia, Samuel J. Levine
Introductory Note: Symposium On Lawyering And Personal Values – Responding To The Problems Of Ethical Schizophrenia, Samuel J. Levine
Scholarly Works
In recent years, legal practitioners and scholars alike have identified a growing crisis in the legal profession. Increasingly, lawyers feel dissatisfied with the roles they are expected to play and the conduct demanded of them. In particular, many lawyers see a widening gap between their personal values and those employed in legal practice. In response to the dichotomy between personal and professional values, some lawyers attempt to develop a corresponding dichotomy in their personalities, separating the “professional self” from the “personal self.” Such a response, however, may lead to a kind of “ethical schizophrenia,” a condition in which an individual …
Inside The Law: Canadian Law Firms In Historical Perspective, Douglas C. Harris
Inside The Law: Canadian Law Firms In Historical Perspective, Douglas C. Harris
Dalhousie Law Journal
This collection of essays edited by Carol Wilton' chronicles the changing character of Canadian law firms from the "golden age" of the sole practitioner in the nineteenth century to the mega-firms of the late twentieth. Most of the essays describe the changing profession through a case study of a single lawyer or firm, and Wilton has collected a representative sample of firms from across the country. Some of the firms remained small or disappeared, while others grew into full-service corporate commercial law firms of several hundred lawyers. Most of the essays focus on the personalities of the lawyers involved, their …
Television Coverage Of State Criminal Trials, Gerald Kogan, Rikki Klieman
Television Coverage Of State Criminal Trials, Gerald Kogan, Rikki Klieman
St. Thomas Law Review
This article examines the controversy regarding the use of television cameras in state criminal trials, as discussed at The Florida Bar annual meeting held in Lake Buena Vista, Florida, on June 21, 1996. Chief Justice Gerald Kogan of the Supreme Court of Florida moderated a panel discussion on this topic. The panel consisted of Judge Stanley Weisberg of the Los Angeles Superior Court and Rikki Klieman of Court TV.
A Post-Conference Reflection On Separate Ethical Aspirations For Adr's Not-So-Separate Practitioners, John Q. Barrett
A Post-Conference Reflection On Separate Ethical Aspirations For Adr's Not-So-Separate Practitioners, John Q. Barrett
Faculty Publications
At "The Lawyer's Duties and Responsibilities in Dispute Resolution" Symposium at South Texas College of Law, Oct. 25, 1996, a central topic of discussion was ADR's ethical separateness. There was a shared sense that ADR providers and practitioners confront a range of ethical issues that differ from those that confront non-ADR lawyers. On this view, because rules of professional responsibility are geared toward more adversarial forms of legal practice, they at best provide no answers and may provide wrong answers to ethical questions that arise in ADR. One solution would be to create new, separate, "role-specific" ethics rules for ADR …
An Attorney's Right To Retain Fees Derived From A Fraudulent Law Suit, Leonard D. Pertnoy
An Attorney's Right To Retain Fees Derived From A Fraudulent Law Suit, Leonard D. Pertnoy
St. Thomas Law Review
The remedy of restitution, used to prevent unjust enrichment, is a fundamental right firmly entrenched in the common law. This is especially true in cases where a victim seeks equitable relief to require the return of money or property obtained as a result of fraud. However, should the defrauded person always be entitled to be made whole? Similarly, the remedy of forfeiture is also a deeply rooted legal concept, finding its beginnings in early English common law. Originally, forfeiture was a punishment annexed by law to some illegal act. However, the concept of deodand now not only includes forfeiture of …
A Lot Of Knowledge Is A Dangerous Thing: Will The Legal Profession Survive The Knowledge Explosion?, H W. Arthurs
A Lot Of Knowledge Is A Dangerous Thing: Will The Legal Profession Survive The Knowledge Explosion?, H W. Arthurs
Dalhousie Law Journal
Professor Arthurs argues that with the growth and diversification of knowledge, the common body of knowledge that underpins a unified profession is becoming more difficult to sustain. The desire to know, the need to know and the resources to know have divided lawyers into subprofessions, increasingly defined by the non-lawyers with whom they work and the clienteles they serve, bound togetherif at all-only by nostalgia and some residuum of self-interest.
Introduction: Towards An Inclusive Professionalism, Peter Margulies
Introduction: Towards An Inclusive Professionalism, Peter Margulies
St. Thomas Law Review
The landscape of lawyering seems bewilderingly chaotic today, compared with images of practices past, replete with country clubs and white male practitioners.' Despite their exclusiveness, corporate law firms of old at least had some shared values, and some commitment to norms other than those generated by the market. Our society, as well as the legal profession, is more diverse than it was. The present-day invocation of professionalism is one reaction to the increased diversity of the legal profession, and to the vaulting prominence of market forces, which has reduced many lawyers in major firms to a race to the bottom …
Practiced Moral Activism, Paul R. Tremblay
Practiced Moral Activism, Paul R. Tremblay
St. Thomas Law Review
Readers of legal ethics literature frequently encounter the following question: "Can a good lawyer be a good person?" This Article addresses a variation of that question: "Can a good lawyer be a good person if that person is not a good philosopher?" This new question confronts a perplexing realization about most moral exploration of lawyering-that it takes place amidst a language and an intellectual world with which most practicing lawyers are not familiar or conversant. Of course, the philosophers inhabiting that world and using that language aim to affect the lives of working attorneys in some concrete way,but reading the …
Professionalism And Life In The Trenches: The Case Of The Public Defender, Rodney Thaxton, Lida Rodriguez-Taseff
Professionalism And Life In The Trenches: The Case Of The Public Defender, Rodney Thaxton, Lida Rodriguez-Taseff
St. Thomas Law Review
I would like to start with a little story. This actually happened during my employment at the Dade County Public Defender's office, when I was in juvenile court. There was this very bright young man who, having been arrested for stealing bicycles, was in detention. He had figured out an ingenious way to steal bicycles. He would go into the bicycle section in department stores, get a bicycle, and start riding it around. An employee would invariably say, "Oh, you can't ride that bicycle in here. Take it out," and would escort him to the door with the bicycle. He …
Greetings, Daniel J. Morrissey
Be Just To One Another: Preliminary Thoughts On Civility, Moral Character, And Professionalism, Mark Neal Aaronson
Be Just To One Another: Preliminary Thoughts On Civility, Moral Character, And Professionalism, Mark Neal Aaronson
St. Thomas Law Review
The premise of this Article is that the inability of lawyers to conduct themselves in a reasonable fashion has less to do with a lack of good manners or ignorance about what conduct is expected, but has more to do with not having the strength of character needed to exercise self-discipline when making practical or ethical choices. I focus on civility because it speaks to both the profession's present distress over an apparent deterioration in lawyer behavior and its ongoing interest in lawyers of high moral character. My main agenda is to reintroduce certain ancient, classical ideas about civility as …
Remarks: Professionalism And The Courts, Ursula Ungaro-Benages
Remarks: Professionalism And The Courts, Ursula Ungaro-Benages
St. Thomas Law Review
No abstract provided.
Legal Professionalism: Do Ethical Rules Require Zealous Representation For Poor People, Michelle S. Jacobs
Legal Professionalism: Do Ethical Rules Require Zealous Representation For Poor People, Michelle S. Jacobs
St. Thomas Law Review
No abstract provided.
How The Butler Was Made To Do It: The Perverted Professionalism Of The Remains Of The Day, Rob Atkinson
How The Butler Was Made To Do It: The Perverted Professionalism Of The Remains Of The Day, Rob Atkinson
St. Thomas Law Review
No abstract provided.
Logic And The Common Law Trial, Richard H. Underwood
Logic And The Common Law Trial, Richard H. Underwood
Law Faculty Scholarly Articles
In this article, the author explores some of the inconsistencies between logic and the practice of law. The article draws together numerous anecdotes and examples of situations in which common sense was rejected or ignored in the name of legal procedure. The article focuses on various argument styles employed by lawyers.
The Criminal Defense Attorney, Ethics And Maintaining Client Confidentiality: A Proposal To Amend Rule 1.6 Of The Model Rules Of Professional Conduct, David Rosenthal
The Criminal Defense Attorney, Ethics And Maintaining Client Confidentiality: A Proposal To Amend Rule 1.6 Of The Model Rules Of Professional Conduct, David Rosenthal
St. Thomas Law Review
This Essay asserts that the Model Rules do not sufficiently address the unique problems that criminal defense attorneys face, especially in this scenario. Although the authoritative measure of the Model Rules is found within the text of each individual rule, any "bright-line" solution to the problem is obscured when the Preamble and Scope are read in conjunction with the text of Model Rule 1.6. To resolve this dilemma, this Essay proposes an amendment to Model Rule 1.6 that seeks to effectively address the relevant concerns of the presented scenario. According to the proposed amendment, the attorney's solution is mandated by …
Theories Of Poetry, Theories Of Law, Lawrence Joseph
Theories Of Poetry, Theories Of Law, Lawrence Joseph
Vanderbilt Law Review
I write poetry." Also, since 1976, when I was admitted to practice before a state bar, I have served as a law clerk for a justice of a state supreme court, practiced, and mostly taught law. About the time that I began law school, while I was writing poems that would appear in my first book, an extraordinary change in jurisprudence began to occur, one which focused on legal language as something more than a medium for conveying singular meaning. This legal theory has become as important as any since legal realism. Because I also have written essays and re- …
Celebrating Our Past, Celebrating Our Future, Alfred C. Aman Jr.
Celebrating Our Past, Celebrating Our Future, Alfred C. Aman Jr.
Alfred Aman Jr. (1991-2002)
No abstract provided.
A Note To Our Readers, The Editors
The Cocaine Addicted Lawyer And The Disciplinary System, Raymond P. O'Keefe
The Cocaine Addicted Lawyer And The Disciplinary System, Raymond P. O'Keefe
St. Thomas Law Review
This article will discuss cocaine addiction within the legal profession and its impact upon individual attorneys, clients, and the profession as a whole. It discusses different approaches that have been taken in Bar disciplinary proceedings and the need for professional sanctioning bodies to accept cocaine addiction as a disease, and recovery from it as a mitigating factor. It argues that admitting evidence of addiction and recovery as mitigation best serves the goals of the disciplinary proceeding, which are to 1) protect the public, 2) maintain the integrity of the legal profession,. and 3) preserve public confidence in the legal profession. …