The Universal Remedy For Attorney Abandonment: Why Holland V. Florida And Maples V. Thomas Give All Courts The Power To Vacate Civil Judgments Against Abandoned Clients By Way Of Rule 60(B)(6),
2015
Pepperdine University
The Universal Remedy For Attorney Abandonment: Why Holland V. Florida And Maples V. Thomas Give All Courts The Power To Vacate Civil Judgments Against Abandoned Clients By Way Of Rule 60(B)(6), Stephen White
Pepperdine Law Review
This Article argues that Federal Rule of Civil Procedure 60(b)(6) is the only remedy that courts can always rely on to enforce this power. The universal availability of this statutory rule, which states that courts can vacate judgments against parties “for any . . . reason that justifies relief,” ensures that courts can safeguard clients from the conduct of attorneys who have abandoned them. Part II of this Comment provides an overview of the distinct models the Supreme Court has utilized to evaluate attorney misconduct and the circumstances that bind clients to that misconduct. Part II also describes in detail …
Whose Truth? Objective And Subjective Perspectives On Truthfulness In Advocacy,
2015
Cornell Law School
Whose Truth? Objective And Subjective Perspectives On Truthfulness In Advocacy, W. Bradley Wendel
Cornell Law Faculty Working Papers
A lawyer confronts many features of the world that are given, inflexible, and must simply be dealt with; at the same time she has latitude for creativity, for the exercise of skill and judgment toward the realization of the client’s ends. Although in law school it may seem that the law that is open-textured, manipulable, and the wellspring of creative lawyering, in practice the facts do not come pre-packaged and accepted as true for the purposes of an appellate court’s review, but are highly contingent and the product of the interaction between a lawyer and witnesses, documents, and other sources …
Who Gets The Jewels When A Law Firm Dissolves? The Unfinished Business Doctrine And Hourly Matters,
2015
Northwestern Pritzker School of Law
Who Gets The Jewels When A Law Firm Dissolves? The Unfinished Business Doctrine And Hourly Matters, Peter W. Rogers
Northwestern University Law Review
No abstract provided.
The Codification Of Professionalism: Can You Sanction Lawyers Into Being Nice?,
2015
Nova Southeastern University - Shepard Broad College of Law
The Codification Of Professionalism: Can You Sanction Lawyers Into Being Nice?, Debra M. Curtis
Faculty Scholarship
On October 31, 2013, the Florida Supreme Court in The Florida Bar v. Norkin made it clear that "it wants the trend of escalating incivility among lawyers to stop." With that decision, in which a lawyer was suspended and publicly reprimanded for his behavior, the court urged that "[m]embers of The Florida Bar, law professors, and law students should study" this case "as a glaring example of unprofessional behavior." This article heeds the court's directive to do so, but also places it in the context of the movement to enhance professionalism statewide.
The Professional, Spring 2015,
2015
Florida International University College of Law
The Professional, Spring 2015, Henry Latimer Center For Professionalism
The Professional Newsletter
The Professional is a publication of The Florida Bar Henry Latimer Center for Professionalism. It is published triannually and provides practical information regarding professionalism relevant to the practice of law in Florida.
The Professional, Fall 2015,
2015
Florida International University College of Law
The Professional, Fall 2015, Henry Latimer Center For Professionalism
The Professional Newsletter
The Professional is a publication of The Florida Bar Henry Latimer Center for Professionalism. It is published triannually and provides practical information regarding professionalism relevant to the practice of law in Florida.
The Professional, Winter 2015,
2015
Florida International University College of Law
The Professional, Winter 2015, Henry Latimer Center For Professionalism
The Professional Newsletter
The Professional is a publication of The Florida Bar Henry Latimer Center for Professionalism. It is published triannually and provides practical information regarding professionalism relevant to the practice of law in Florida.
Wanting To Do More But Bound To Do Less: A Law Librarian's Dilemna,
2015
University of Tennessee College of Law
Wanting To Do More But Bound To Do Less: A Law Librarian's Dilemna, Paul Mclaughlin
Law Library Faculty Scholarship
The role of the law librarian has changed from managing the contents of a library’s collection of books to knowing how to find information sources located around the world contained in a variety of formats, taking part in instruction, and participating in networking activities. Law librarians are constrained by legal and professional codes. If they are cautious, law librarians can assist, instruct, and reach out to public patrons and students while operating within the professional guidelines that govern them.
Wanting To Do More But Bound To Do Less: A Law Librarian’S Dilemma,
2015
University of Tennessee College of Law
Wanting To Do More But Bound To Do Less: A Law Librarian’S Dilemma, Paul Mclaughlin
Scholarly Works
The role of the law librarian has changed from managing the contents of a library’s collection of books to knowing how to find information sources located around the world contained in a variety of formats, taking part in instruction, and participating in networking activities. Law librarians are constrained by legal and professional codes. If they are cautious, law librarians can assist, instruct, and reach out to public patrons and students while operating within the professional guidelines that govern them.
Sac Capital: Firm Criminal Liability, Civil Fines, And The Insulated Ceo,
2015
Lakehead University
Sac Capital: Firm Criminal Liability, Civil Fines, And The Insulated Ceo, Frances E. Chapman, Marianne Jennings, Lauren Tarasuk
American University Business Law Review
No abstract provided.
"Teaching" Formation Of Professional Identity,
2015
University of Denver
"Teaching" Formation Of Professional Identity, David I.C. Thomson
Sturm College of Law: Faculty Scholarship
This Article is my attempt to provide a guide to what professional identity formation is—as distinct from more familiar concepts of professionalism and ethics—and what legal educators are doing, and could do in the future, to foster this sort of professional formation in their courses and curricula. In Part I, I offer some background and history of the topic, which supports a new definition provided in the Article for lawyer professional identity formation. I describe in Part II what some schools are doing to “teach” formation of professional identity and argue that those efforts have some significant limitations. I argue …
Towards A Natural Law Foundationalist Theory Of Universal Human Rights,
2015
Osgoode Hall Law School of York University
Towards A Natural Law Foundationalist Theory Of Universal Human Rights, Anthony Robert Sangiuliano
Osgoode Legal Studies Research Paper Series
The contemporary literature on the philosophy of human rights features a clash between two opposing theoretical paradigms. The first paradigm, called Functionalism, grounds the nature of human rights in their practical or political significance. The second paradigm, called Foundationalism, grounds the nature of human rights in a pre-political substratum of moral thought to which positive legal-political institutions ought to conform. What tends to make the first paradigm more appealing is that it avoids the problem of grounding human rights in moral considerations that may be ethnocentric and thus not acceptable to all peoples everywhere. This paper makes a case for …
Prosecutors Should Consider Collateral Consequences,
2015
American University Washington College of Law
Prosecutors Should Consider Collateral Consequences, Robert M.A. Johnson
Criminal Law Practitioner
No abstract provided.
The State Of Recusal Reform,
2015
Indiana University Maurer School of Law
The State Of Recusal Reform, Charles G. Geyh, Myles Lynk, Robert S. Peck, Toni Clarke
Articles by Maurer Faculty
No abstract provided.
Read, White, And Blue: Prosecutors Reading Inmate Emails And The Attorney-Client Privilege, 48 J. Marshall L. Rev. 1119 (2015),
2015
UIC School of Law
Read, White, And Blue: Prosecutors Reading Inmate Emails And The Attorney-Client Privilege, 48 J. Marshall L. Rev. 1119 (2015), Danielle Burkhardt
UIC Law Review
This Comment addresses whether the attorney-client privilege should extend to emails exchanged between an inmate and his or her attorney over TRULINCS, the prison email system. Section II describes the history of the attorney-client privilege, and compares and contrasts the federal privilege with the New York state privilege in order to directly address Dr. Ahmed’s conflict. Section III juxtaposes other forms of privileged attorney-client contact with inmate emailing, and discusses the confidentiality agreement provided through the prison email system, TRULINCS. Finally, Section IV proposes a fiscally responsible, efficient, and convenient solution to the possible extension of the attorney-client privilege to …
The Rise And Fall Of Bad Judge: Lady Justice Is No Tramp,
2015
Barry University
The Rise And Fall Of Bad Judge: Lady Justice Is No Tramp, Taylor Simpson-Wood
Faculty Scholarship
No abstract provided.
The Lutheran Lawyer: Some Reflections On The Ethics Contributions Of Susan Martyn,
2015
Mitchell Hamline School of Law
The Lutheran Lawyer: Some Reflections On The Ethics Contributions Of Susan Martyn, Marie Failinger
Faculty Scholarship
Recently, Professor Susan Martyn, who is honored in this tribute issue, contributed to a forthcoming volume on Lutheran theological views of secular law of which I am co-editor. Ever the professional, Professor Martyn expressed initial uncertainty about her ability to make a contribution to this volume without more theological expertise. Not to worry, Professor Martyn's prodigious work ethic and creative lawyering produced an insightful chapter entitled, "Can Luther Help Modem Lawyers Understand Fiduciary Duty?" As it turns out, she argued, Martin Luther can help modem lawyers because he understood the ancient roots of fiduciary law that lie at the foundation …
Regulating Life, Disease, And Death: The Legal, Ethical And Moral Implications Of Science, Medicine, And Technology,
2015
Notre Dame Law School
Regulating Life, Disease, And Death: The Legal, Ethical And Moral Implications Of Science, Medicine, And Technology, Jae Yeon Kim
Notre Dame Journal of Law, Ethics & Public Policy
On March 19, 2015, the Notre Dame Journal of Law, Ethics & Public Policy hosted a symposium to address the changing landscape of medicine, science, and technology. The Journal made this selection because advancements in these fields pose unique challenges to society’s understanding of the law’s role in regulating and shaping public discourse on life, disease, and death.
Religion And Public Reason In The Politics Of Biotechnology,
2015
Arizona State University
Religion And Public Reason In The Politics Of Biotechnology, J. Benjamin Hurlbut
Notre Dame Journal of Law, Ethics & Public Policy
Questions about the relevance of religious views to public policy have been central in debates over the governance of biotechnology since the 1960s. This article offers an empirical analysis of moments of deliberative politics surrounding human embryo research, primarily within public bioethics bodies. I examine how these bodies have used the idea of public reason as developed in deliberative democratic theory to differentiate between secular and religious reasons. I argue that scientific authority is made to play a powerful, but largely unacknowledged role in constructing these categories by contributing to definitions of the range of “reasonable” pluralism. I show that …
Catalyst, Obstacle, Or Something In Between? Dealing With The Law In Building Ethical Corporate Culture,
2015
Notre Dame Law School
Catalyst, Obstacle, Or Something In Between? Dealing With The Law In Building Ethical Corporate Culture, Countess Alexandra, Timothy L. Fort
Notre Dame Journal of Law, Ethics & Public Policy
No abstract provided.
