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Legal Ethics and Professional Responsibility Commons

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Special Issue, December 2018, 2019 James Madison University

Special Issue, December 2018

International Journal on Responsibility

Contents:

5 – 7 Terry Beitzel, Gjylbehare Muharti, and Hysen Nimani, Responsibility in the Balkans: Justice, Media and Arts.

8 – 22 Mujë Ukaj and Qendresa Jasharaj, International Criminal Responsibility in Kosovo: Establishment of the International Criminal Court - de lege lata, de lege ferenda.

23 – 41 Avdullah Robaj and Sabiha Shala, Responsibility in Building Rule of Law: Kosovo Challenges.

42 – 54 Mujë Ukaj, The Irresponsible Persons: the Imposition and Execution of the Mandatory Treatment Measures on Criminal Procedure of Kosovo.

55 – 64 Gani Asllani, Bedri Statovci, and Gentiana Gega, Development and Protection of Economic Competition in Kosovo.

65 – 87 Saranda Leka and ...


Professional Judgment In An Era Of Artificial Intelligence And Machine Learning, Frank A. Pasquale 2019 University of Maryland Francis King Carey School of Law

Professional Judgment In An Era Of Artificial Intelligence And Machine Learning, Frank A. Pasquale

Faculty Scholarship

Though artificial intelligence (AI) in healthcare and education now accomplishes diverse tasks, there are two features that tend to unite the information processing behind efforts to substitute it for professionals in these fields: reductionism and functionalism. True believers in substitutive automation tend to model work in human services by reducing the professional role to a set of behaviors initiated by some stimulus, which are intended to accomplish some predetermined goal, or maximize some measure of well-being. However, true professional judgment hinges on a way of knowing the world that is at odds with the epistemology of substitutive automation. Instead of ...


Immunity Incorporated: All The Injustice That Jeffrey Epstein Can Buy, Janice G. Raymond 2019 University of Massachusetts, Amherst

Immunity Incorporated: All The Injustice That Jeffrey Epstein Can Buy, Janice G. Raymond

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Dispute Resolution Neutrals’ Ethical Obligation To Support Measured Transparency, Nancy A. Welsh 2019 University of Oklahoma College of Law

Dispute Resolution Neutrals’ Ethical Obligation To Support Measured Transparency, Nancy A. Welsh

Oklahoma Law Review

No abstract provided.


The Duty Dilemma: When The Duty To Mitigate Damages And The Duty To Preserve Evidence Collide, Collen L. Steffen 2019 University of Oklahoma College of Law

The Duty Dilemma: When The Duty To Mitigate Damages And The Duty To Preserve Evidence Collide, Collen L. Steffen

Oklahoma Law Review

No abstract provided.


Dispute Resolution Neutrals' Ethical Obligation To Support Measured Transparency, Nancy A. Welsh 2019 Texas A&M University School of Law

Dispute Resolution Neutrals' Ethical Obligation To Support Measured Transparency, Nancy A. Welsh

Faculty Scholarship

In 2016, the Consumer Financial Protection Bureau (CFPB) issued proposed rules that would have brought substantial transparency to mandatory pre-dispute consumer arbitration. In particular, the CFPB proposed to require regulated providers of financial products and services to report to the CFPB regarding their use and the outcomes of arbitrations conducted pursuant to arbitration clauses, and further, the CFPB proposed to make such information public (with appropriate redactions). Although Congress and the President ultimately annulled the CFPB’s proposed rule, its introduction revealed the need for dispute resolution neutrals to support bringing “measured transparency” to private dispute resolution. To place the ...


Examples Of Regulatory Objectives For The Legal Profession (2019), Laurel S. Terry 2018 Pennsylvania State University, Dickinson Law

Examples Of Regulatory Objectives For The Legal Profession (2019), Laurel S. Terry

Laurel S. Terry

This short document contains several examples of regulatory objectives:

1) the regulatory objectives adopted by the Supreme Court of Colorado and the Supreme Court of Washington;

2) the regulatory objectives adopted by the Nova Scotia Barristers' Society in 2014 and updated in 2016;

3) the regulatory objectives that Laurel Terry, Steve Mark, and Tahlia Gordon recommended in this lengthy 2012 article with many examples, which were summarized in this 9-page Terry article and these slides

4) the regulatory objectives the ABA adopted in February 2016; and

5) the regulatory objectives found in Section 1 of the UK's Legal Services ...


A Moratorium On The Presentation Of Dna Evidence, Declan Riley Kunkel 2018 University of North Georgia

A Moratorium On The Presentation Of Dna Evidence, Declan Riley Kunkel

International Social Science Review

In recent decades, DNA evidence has become something of a pop-culture phenomenon. All too often, DNA evidence is shown as irrefutable fact, a scientific fingerprint that allows for a black-and-white determination of guilt or innocence. Unfortunately, such depictions are inaccurate and dangerous. This paper attempts to address this danger by calling for a temporary moratorium on the presentation of DNA evidence at trial, implemented until federal standards are put in place to regulate the presentation of DNA evidence, and until robust studies indicate the prevalence of DNA transfer.This paper will demonstrate that DNA analysis schemes are dangerously flawed and ...


Ethical Cannabis Lawyering In California, Francis J. Mootz III 2018 University of the Pacific

Ethical Cannabis Lawyering In California, Francis J. Mootz Iii

St. Mary's Journal on Legal Malpractice & Ethics

Cannabis has a long history in the United States. Originally, doctors and pharmacists used cannabis for a variety of purposes. After the Mexican Revolution led to widespread migration from Mexico to the United States, many Americans responded by associating this influx of foreigners with the use of cannabis, and thereby racializing and stigmatizing the drug. After the collapse of prohibition, the federal government repurposed its enormous enforcement bureaucracy to address the perceived problem of cannabis, despite the opposition of the American Medical Association to this new prohibition. Ultimately, both the states and the federal government classified cannabis as a dangerous ...


Autonomy Isn't Everything: Some Cautionary Notes On Mccoy V. Louisiana, W. Bradley Wendel 2018 Cornell University Law School

Autonomy Isn't Everything: Some Cautionary Notes On Mccoy V. Louisiana, W. Bradley Wendel

St. Mary's Journal on Legal Malpractice & Ethics

The Supreme Court’s May 2018 decision in McCoy v. Louisiana has been hailed as a decisive statement of the priority of the value of a criminal defendant’s autonomy over the fairness and reliability interests that also inform both the Sixth Amendment and the ethical obligations of defense counsel. It also appears to be a victory for the vision of client-centered representation and the humanistic value of the inherent dignity of the accused. However, the decision is susceptible to being read too broadly in ways that harm certain categories of defendants. This paper offers a couple of cautionary notes ...


Legal Malpractice Claims: What The Data Indicate, Vincent R. Johnson 2018 St. Mary's University School of Law

Legal Malpractice Claims: What The Data Indicate, Vincent R. Johnson

St. Mary's Journal on Legal Malpractice & Ethics

Abstract forthcoming


Breaking The Silence: Holding Texas Lawyers Accountable For Sexual Harassment, Savannah Files 2018 St. Mary's University School of Law

Breaking The Silence: Holding Texas Lawyers Accountable For Sexual Harassment, Savannah Files

St. Mary's Journal on Legal Malpractice & Ethics

Following the 2017 exposure of Harvey Weinstein, the #MeToo movement spread rapidly across social media platforms calling for increased awareness of the prevalence of sexual harassment and assault and demanding change. The widespread use of the hashtag brought attention to the issue and successfully facilitated a much-needed discussion in today’s society. However, this is not the first incident prompting a demand for change.

Efforts to bring awareness and exact change in regards to sexual harassment in the legal profession date back to the 1990s. This demonstrates that the legal profession is not immune from these issues. In fact, at ...


Conflicts Of Interest And Law-Firm Structure, Cassandra Burke Robertson 2018 Case Western Reserve University School of Law

Conflicts Of Interest And Law-Firm Structure, Cassandra Burke Robertson

St. Mary's Journal on Legal Malpractice & Ethics

Business and law are increasingly practiced on a transnational scale, and law firms are adopting new business structures in order to compete on this global playing field. Over the last decade, global law firms have merged into so-called “mega-brands” or “mega-firms”—that is, associations of national or regional law firms that join together under a single brand worldwide. For law firms, the most common mega-firm structure has been the Swiss verein, though the English “Company Limited by Guarantee” structure is growing in popularity as well, as is the similar “European Economic Interest Grouping.” All of these structures allow related entities ...


“Second Looks, Second Chances”: Collaborating With Lifers On A Video About Commutation Of Lwop Sentences, Regina Austin 2018 University of Pennsylvania Law School

“Second Looks, Second Chances”: Collaborating With Lifers On A Video About Commutation Of Lwop Sentences, Regina Austin

Faculty Scholarship at Penn Law

In Pennsylvania, life means life without the possibility of parole (“LWOP”) or “death by incarceration.” Although executive commutation offers long serving rehabilitated lifers hope of release, in the past 20 years, only 8 commutations have been granted by the state’s governors. This article describes the collaboration between an organization of incarcerated persons serving LWOP and the law-school-based Penn Program on Documentaries and the Law that produced a video supporting increased commutations for Pennsylvania lifers. The article details the methodology of collaborative videomaking employed, the strategic decisions over content that were impacted by the politics of commutation, and the contributions ...


Special Problems For Prosecutors In Public Corruption Prosecutions, Mimi Rocah, Carrie Cohen, Steve Cohen, Daniel Cort, Bennett L. Gershman 2018 Elisabeth Haub School of Law at Pace University

Special Problems For Prosecutors In Public Corruption Prosecutions, Mimi Rocah, Carrie Cohen, Steve Cohen, Daniel Cort, Bennett L. Gershman

Pace Law Review

The focus of this panel is not so much on the academic part of McDonnell, the case law. Of course, you’ll hear the name McDonnell and we’ll talk about that.

But we’re trying to talk a little more broadly about public corruption prosecutions in general. Some of these are unique issues. You heard a little bit about them from the former people who have done them, what special unique problems are involved in them and challenges the prosecutors face and what effect, if any.


How Should Congress Respond To Mcdonnell?, David Yassky, Kathleen Clark, Allen Dickerson, Jennifer Rodgers 2018 Elisabeth Haub School of Law at Pace University

How Should Congress Respond To Mcdonnell?, David Yassky, Kathleen Clark, Allen Dickerson, Jennifer Rodgers

Pace Law Review

Discussion of question of whether McDonnell was essentially right or wrong. Should Congress act to change the McDonnell rule? Should the Supreme Court reconsider it? What would be an alternative or a better way, if there is one, to approach the question of public corruption prosecution?


How Has Mcdonnell Affected Prosecutors’ Ability To Police Public Corruption? What Are Politicians And Lobbyists Allowed To Do, And What Are Prosecutors Able To Prosecute?, Vincent L. Briccetti, Amie Ely, Alexandra Shapiro, Dan Stein 2018 U.S. District Court, Southern District of New York

How Has Mcdonnell Affected Prosecutors’ Ability To Police Public Corruption? What Are Politicians And Lobbyists Allowed To Do, And What Are Prosecutors Able To Prosecute?, Vincent L. Briccetti, Amie Ely, Alexandra Shapiro, Dan Stein

Pace Law Review

The question posed to the panelists on the first panel is: How has McDonnell affected prosecutors’ ability to police public corruption? What can politicians and lobbyists do and what can prosecutors prosecute?


Primer, Samantha Conway, David Diab, Amanda Fiorilla, Eric Grossfeld 2018 Elisabeth Haub School of Law at Pace University

Primer, Samantha Conway, David Diab, Amanda Fiorilla, Eric Grossfeld

Pace Law Review

Discussion and history of public corruption statutes and the prosecution of public officials through McDonnell v. United States, 136 S. Ct. 2355 (2016).


Introduction, Mimi Rocah 2018 Elisabeth Haub School of Law at Pace University

Introduction, Mimi Rocah

Pace Law Review

On March 9, 2018, the Elisabeth Haub School of Law at Pace University hosted Public Corruption Prosecution After McDonnell, a symposium that brought together law enforcement, practitioners, academics and media that covers these cases to gain insight and input from these disparate groups. The Symposium convened three panels to discuss how McDonnell has affected prosecutors’ ability to police public corruption; to offer legislative responses to McDonnell; and to examine the inherently unique nature of public corruption prosecutions. A central aim of the day-long event was to simultaneously tackle these challenging issues while distilling complex legal analysis in a manner suitable ...


Law By Non-Lawyers: The Limit To Limited License Legal Technicians Increasing Access To Justice, Rebecca M. Donaldson 2018 Seattle University School of Law

Law By Non-Lawyers: The Limit To Limited License Legal Technicians Increasing Access To Justice, Rebecca M. Donaldson

Seattle University Law Review

For the first time in the American legal profession, non-lawyers can openly, independently, ethically, and legally engage in activities recognized by bar associations as the practice of law. In 2012, the Washington Supreme Court passed Admission and Practice Rule 28 (APR 28), establishing the profession’s first paraprofessional licensing scheme that allows non-lawyers to give legal advice. The process authorizes qualified non-lawyers to provide legal advice without the supervision of a lawyer. Washington’s Supreme Court intends for Limited License Legal Technicians, or “LLLTs” as they are known, to increase access to justice by responding to the unmet civil legal ...


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