Ethical Choices: Contested Case Procedures And Judicial Review Applicable To Politicians Versus Other Regulated Actors,
2016
Pepperdine University
Ethical Choices: Contested Case Procedures And Judicial Review Applicable To Politicians Versus Other Regulated Actors, Amy Bresnen
Journal of the National Association of Administrative Law Judiciary
The general purpose of this paper is to provide law students and young lawyers with an overview for accessing, in the context of Texas agencies, these legislatively-delegated adjudicative, or quasijudicial, powers and explain how agency contested case decisions are reviewed by the courts. This is important for lawyers to understand in representing a client, be it an individual or entity, whose interests are affected by administrative proceedings within regulatory agencies. To accomplish this goal, the paper discusses the two most common methods of judicial review and contrasts the standard proceedings for contested cases at the State Office of Administrative Hearings …
The Lawyer As Lover: Are Courts Romanticizing The Lawyer-Client Relationship?,
2016
Touro University Jacob D. Fuchsberg Law Center
The Lawyer As Lover: Are Courts Romanticizing The Lawyer-Client Relationship?, Bruce A. Green
Touro Law Review
No abstract provided.
Financial Misconduct, Ethical Theory, And Regulatory Ethics— Promoting Accountability,
2016
Pepperdine University
Financial Misconduct, Ethical Theory, And Regulatory Ethics— Promoting Accountability, P. M. Vasudev
The Journal of Business, Entrepreneurship & the Law
This paper examines developments in the financial sector and identifies a role for regulatory ethics in promoting integrity and accountability. In this effort, the paper also explores theoretical perspectives in ethics and how they can shape business behavior. Specifically, the article proposes corporate codes of ethics, a mandatory requirement under the New York Stock Exchange Listing Rules, as instruments to promote morality in corporate conduct. Ethics codes, which are internally generated, must be tailored to reflect the experience and made more effective. They can be amplified to specify standards to govern the fiduciary duty of care applicable to executives, personal …
Writing The Rules Of Attorney-Whistleblowing: Who Gets To Decide, And How Do We Make The Decision?,
2016
Fordham University School of Law
Writing The Rules Of Attorney-Whistleblowing: Who Gets To Decide, And How Do We Make The Decision?, Alex Bein
Fordham Urban Law Journal
No abstract provided.
Police Misconduct - A Plaintiff's Point Of View, Part Ii,
2016
Touro University Jacob D. Fuchsberg Law Center
Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams
Touro Law Review
No abstract provided.
Police Misconduct - A Plaintiff's Point Of View,
2016
Touro University Jacob D. Fuchsberg Law Center
Police Misconduct - A Plaintiff's Point Of View, Fred Brewington
Touro Law Review
No abstract provided.
Criminal Prosecution And Section 1983,
2016
Touro University Jacob D. Fuchsberg Law Center
Criminal Prosecution And Section 1983, Barry C. Scheck
Touro Law Review
No abstract provided.
Problems Concerning Litigating Custom And Practice Cases,
2016
Touro University Jacob D. Fuchsberg Law Center
Problems Concerning Litigating Custom And Practice Cases, Steve Ryals
Touro Law Review
No abstract provided.
Embracing Third-Party Litigation Finance,
2016
Florida State University College of Law
Embracing Third-Party Litigation Finance, David R. Glickman
Florida State University Law Review
No abstract provided.
The Germans And Their Nazi Past: To What Extent Have They Accepted Responsibility?,
2016
University of Passau
The Germans And Their Nazi Past: To What Extent Have They Accepted Responsibility?, Martin Hille
Center for the Study of Ethics in Society Papers
No abstract provided.
Vivas Nos Queremos: Feminicidio En Bolivia,
2016
SIT Study Abroad
Vivas Nos Queremos: Feminicidio En Bolivia, Taslim Tavarez Garcia
Independent Study Project (ISP) Collection
Bolivia uno de los países en latinoamérica que tiene una gran cantidad de feminicidios o mujeres asesinadas por hombres debido a su género y relación afectiva. Hay muchos problemas sobre las violaciones de derechos humanos que sufren las mujeres en razón de género. Con el enfoque de derechos de las víctimas y sus familiares, esta investigación pretende descubrir si ellas, tienen acceso a justicia en el sistema judicial de Bolivia . Específicamente analizando el efecto de antes y después de la ley 348: La Ley Integral Para Garantizar a Las Mujeres Una Vida Libre de Violencia. A través de una …
A Welfarist Perspective On Lies,
2016
Tel Aviv University, Faculty of Law
A Welfarist Perspective On Lies, Ariel Porat, Omri Yadlin
Indiana Law Journal
Should a Muslim employee who, in order to avoid discrimination, falsely stated in his job interview that he is Christian be fired for his dishonesty? Should a buyer of a tract of land who, before contracting, conducted an expensive investigation that revealed a high likelihood of mineral deposits be subject to liability for fraud because he told the seller he knew nothing about the land’s mineral potential before purchase? Is a doctor violating her legal duties toward her patient if she convinces him to get vaccinated on the pretext that it is in his best interest when it is instead …
Silencing Grand Jury Witnesses,
2016
Boston College Law School
Silencing Grand Jury Witnesses, R. Michael Cassidy
Indiana Law Journal
This Article addresses one crucial aspect of the ongoing debate about grand jury transparency. Assuming that well over half the states and the federal government continue to employ the grand jury to investigate felony offenses, and assuming that these proceedings continue to be shielded from public view, should witnesses themselves be allowed to discuss their testimony with the press or with each other? This larger question raises two narrow but very important subsidiary issues. First, does a prosecutor who conditions a written proffer or cooperation agreement with a grand jury witness on the witness’s promise not to inform other targets, …
Ethics For Examiners,
2016
UCLA School of Law
Ethics For Examiners, Daniel J. Bussel
Fordham Law Review
The inquisitorial bankruptcy examiner is sui generis in our system. He faces unique ethical quandaries and considerations, which require a code of ethics tailored to his role if he is to achieve fully the promise of improving Chapter 11 through the introduction of inquisitorial investigative methods. This Article attempts to point the way toward guidelines that will regulate the conduct of examiners to mitigate real, potential, and perceived abuses.
It’S A Sin To Kill A Mockingbird: The Need For Idealism In The Legal Profession,
2016
Atlanta’s John Marshall Law School
It’S A Sin To Kill A Mockingbird: The Need For Idealism In The Legal Profession, Jonathan A. Rapping
Michigan Law Review
“[T]he first thing I lost in law school was the reason that I came.” This prescient quote by an unnamed law student defines, in a single sentence, our growing problem in training lawyers. From the moment he or she steps foot in a law school classroom, the future lawyer feels a strong pull to pursue a career that has nothing to do with justice. The law school experience will discourage the future lawyer from pursuing a career advocating for those in society who most need a voice. Once graduated, the young lawyer will enter a world where he or she …
Guilt-Free Markets? Unconscionability, Conscience, And Emotions,
2016
Brigham Young University Law School
Guilt-Free Markets? Unconscionability, Conscience, And Emotions, Hila Keren
BYU Law Review
Despite record-level economic inequalities and a vast growth in market exploitation, courts remain surprisingly reluctant to exercise their power to invalidate the resulting predatory contracts. There is no doubt that courts are authorized to invalidate predatory contracts based on their unconscionability. There is, however, an ongoing debate regarding the desirability of utilizing this judicial power in a capitalist society. This Article enters the discussion from a unique angle: it focuses less on the bottom line of jurisprudence and more on the law’s expressive power—the fact that the law’s impact extends beyond its ability to sanction or reward behaviors. Specifically, the …
Talk Don’T Touch? Considerations For Children’S Attorneys On The Physical Touch Of Clients,
2016
The Catholic University of America, Columbus School of Law
Talk Don’T Touch? Considerations For Children’S Attorneys On The Physical Touch Of Clients, Andrea L. Dennis
Catholic University Law Review
Forming a positive attorney-client relationship with a child is a complex process that involves many considerations. Although it offers guidance on effectively communicating and creating a safe environment, the legal system has neglected to form appropriate standards governing physical touch of juvenile clients. There are numerous benefits to physical touch of clients. However, a lack of guidance on the appropriate ways to use physical touch creates the risk negative effects will result from the touch. Drawing from the standards of other child-focused professions, this Article provides guidelines for attorneys contemplating using physical touch to develop a positive rapport with child …
Patent Attorney Malpractice: Case-Within-A-Case-Within-A-Case,
2016
The University of Akron
Patent Attorney Malpractice: Case-Within-A-Case-Within-A-Case, A. Samuel Oddi
Akron Intellectual Property Journal
This article will first provide a brief history of the jurisdictional controversy between federal courts and between federal courts and state courts. Then, the question will be examined of how the subject matter jurisdictional question has been resolved with respect to patent attorney malpractice cases to the extent it has been to date in the federal and state courts. The manner in which the case-within-a-case doctrine or methodology has been used in deciding the jurisdictional question will also be investigated. In addition, the relevance of the use of the judgment or non-judgment model to determine patent attorney malpractice will be …
The Ethics Of Deception: Pretext Investigations In Trademark Cases,
2016
The University of Akron
The Ethics Of Deception: Pretext Investigations In Trademark Cases, Phillip Barengolts
Akron Intellectual Property Journal
Pretext investigations of trademark infringement usually implicate one or more of four rules of professional responsibility: truthful communications, communications with adverse parties represented by counsel, communications with parties unrepresented by counsel, and the prohibition of deceptive behavior. There is an additional rule on using paralegals or non-lawyer assistants to do the actual investigation which also comes into play on occasion.
The Lawyer's Duty Of Disclosure Ethics And Sarbanes-Oxley The New Conundrum For Patent Lawyers,
2016
The University of Akron
The Lawyer's Duty Of Disclosure Ethics And Sarbanes-Oxley The New Conundrum For Patent Lawyers, Abraham C. Reich, Steven J. Rocci
Akron Intellectual Property Journal
The general purpose of this paper is to sensitize intellectual property lawyers to the potential impact on their practice created by Sarbanes-Oxley. At a more detailed level, and because of the unique challenges facing them, this paper addresses Sarbanes-Oxley's potential impact on patent lawyers who practice before the PTO, even when it is the patent lawyer's sole practice. To that end, this paper will highlight relevant portions of Rule 56, the relevant ethical code sections, and the pertinent considerations under Sarbanes-Oxley.
