Legal Ethics and Professional Responsibility Commons^™

The Emotionally Intelligent Law Professor: A Lesson From The Breakfast Club, Heidi K. Brown

University of Arkansas at Little Rock Law Review

No abstract provided.

The Many Connections Between Well-Being And Professionalism In The Practice Of Law: Implications For Teaching, Todd David Peterson

University of Arkansas at Little Rock Law Review

No abstract provided.

Think Like A (Mindful) Lawyer: Incorporating Mindfulness, Professional Identity, And Emotional Intelligence Into The First Year Law Curriculum, Nathalie Martin

University of Arkansas at Little Rock Law Review

No abstract provided.

On Engagement: Learning To Pay Attention, R. Lisle Baker, Daniel P. Brown

University of Arkansas at Little Rock Law Review

No abstract provided.

The Chicken Or The Egg? Public Service Orientation And Lawyer Well-Being, Melissa H. Weresh

University of Arkansas at Little Rock Law Review

No abstract provided.

Lawyering To The Lowest Common Denominator: "Strickland's" Potential For Incorporating Underfunded Norms Into Legal Doctrine, Lauren Sudeall

Vanderbilt Law School Faculty Publications

This symposium article explores how ineffective assistance of counsel doctrine, by its design, may incorporate and exacerbate the failings of an underfunded indigent defense system. Specifically, it highlights two aspects of the Strickland v. Washington standard for ineffective assistance of counsel: first, its inability to effectively address issues of underfunding through its two-prong test of deficient performance and prejudice; and, second, the way in which its eschewal of specific substantive guidelines for attorney performance in favor of reliance on "prevailing professional norms" may allow legal doctrine to be influenced by anemic, localized practice norms resulting from a lack of resources. …

Summary Of State Of Nevada V. Eight Jud. Dist. Ct. (Zogheib), 130 Nev. Adv. Op. 18, Brian Vasek

Nevada Supreme Court Summaries

The Court was asked to decide the appropriate standard for determining when the entire Clark County District Attorney’s office should be disqualified for an individual prosecutor’s conflict – an appearance-of-impropriety standard or if a more appropriate standard exists.

New Technology And The Practice Of Law: Gear For Your Office And The Road, Maureen Cahill, Jason Tubinis

Continuing Legal Education Presentations

Provides guidance to legal professionals about ways that technology can make their practices more efficient, secure, and mobile. Includes discussion of hardware gadgets, helpful websites, and tips for comparing legal databases., as well as ethics considerations of electronic files.

Can We Keep A Secret?: The Attorney-Client Privilege And Work-Product Doctrine In The Internal Law-Firm Setting-St. Simons Waterfront, Llc V. Hunter, Maclean, Exley & Dunn, Pc., Nicholas J. Garcia

Mercer Law Review

Recognized at common law, the attorney-client privilege is often invoked for the purpose of fostering honest and fruitful communication between attorneys and their clients. In St. Simons Waterfront, LLC v. Hunter, Maclean, Exley & Dunn, P C., the Georgia Supreme Court ruled on an issue regarding the reach of this privilege that had never before been addressed in Georgia courts. St. Simons Waterfront, LLC (SSW) asked the court to determine the applicability of the attorney-client privilege and work-product doctrine to communication between attorneys at Hunter, Maclean, Exley & Dunn, P.C. (Hunter Maclean) and its in-house general counsel. The court …

Addressing The Ethical Challenges In Genetic Testing And Sequencing Of Children, Ellen Wright Clayton, Laurence B. Mccullough, Leslie G. Biesecker, Steven Joffe, Lainie Friedman Ross, Susan M. Wolf

Vanderbilt Law School Faculty Publications

American Academy of Pediatrics (AAP) and American College of Medical Genetics (ACMG) recently provided two recom-mendations about predictive genetic testing of children. The Clinical Sequencing Exploratory Research Consortium’s PediatricsWorking Group compared these recommendations, focusing on operational and ethical issues specific to decision making forchildren. Content analysis of the statements addresses two issues: (1) how these recommendations characterize and analyze locusof decision making, as well as the risks and benefits of testing, and (2) whether the guidelines conflict or come to different butcompatible conclusions because they consider different testing scenarios. These statements differ in ethically significant ways.AAP/ACMG analyzes risks and benefits …

Slides: “Human Sustainability” In Natural Resources Industries: The New Frontier In Compliance, Social Responsibility, Disclosure, And Transparency, T. Markus Funk

Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28)

Presenter: T. Markus Funk, Partner, Perkins Coie

21 slides

The Ethical-Religious Framework For Shalom, Michael E. Cafferky

Faculty Works

This paper explores the ancient Hebrew Decalogue, the Ten Commandments, a traditional ethical-religious framework for business conduct, in terms of its contribution to well-being. Some elements of the Decalogue align with what contemporary scholars believe are generally-accepted moral principles expected of businesses. This paper addresses the question of how all the elements of the Decalogue contribute to the Hebrew concept of Shalom. The purpose of the Decalogue is established in the context of a covenant community of believers. Each of the Ten Commandments is evaluated in terms of its contribution to Shalom.

Why U.S. Jurisdictions Should Adopt ‘Regulatory Objectives’ For The Legal Profession, Laurel S. Terry

Howard Lichtenstein Distinguished Professorship in Legal Ethics Lectures

As a Lichtenstein Distinguished Lecturer, Professor Terry was asked to write an article for the Hofstra Law Review. Her article, cited below, may be downloaded from the link at the top of the page.

Laurel S. Terry, Globalization and the ABA Commission on Ethics 20/20: Reflections on Missed Opportunities and the Road Not Taken, 43 Hofstra L. Rev. 95 (2014)

The ABA Commission on Ethics 20/20 was established in order to “perform a thorough review of the ABA Model Rules of Professional Conduct and the U.S. system of lawyer regulation in the context of advances in technology and global …

Why U.S. Jurisdictions Should Adopt ‘Regulatory Objectives’ For The Legal Profession The Legal Profession, Laurel Terry

Faculty Scholarly Works

This link goes to the Professor Terry’s Lichtenstein lecture, which was on the topic of her recent article about regulatory objectives for the legal profession. For Professor Terry’s scholarship on this topic, see her long article here, a short article here, and the “regulatory objectives” research area section on her personal webpage. As Professor Terry noted in her lecture, t “regulatory objectives movement” can be traced to the adoption of the 2007 UK Legal Services Act. Section 1 of that Act, which was hotly debated, set forth the regulatory objectives that the Act—and its implementation—should achieve. The UK Act was …

Ethical Perspectives On Changing Agricultural Technology In The United States, Patrick Madden, Paul B. Thompson

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Crossing The Rubicon: The Impact Of The Affordable Care Act On The Content Of Insurance Coverage For Persons With Disabilities, Sara Rosenbaum, Joel B. Teitelbaum, Katherine Hayes

Notre Dame Journal of Law, Ethics & Public Policy

The article reports on the impact of the 2010 U.S. Patient Protection and Affordability Care Act (PPACA) on the coverage of essential health benefits for persons with disabilities. Some of the risk-shielding, discriminatory strategies used by insurers, such as the initial design of benefits and services, utilization management practices, and actuarial ratings, are pointed out. That the PPACA recognizes the importance of reasonable investments in all people is highlighted.

No Power To Be Disloyal (Or, How Not To Write A Loyalty Opinion) , Val Ricks

The Journal of Business, Entrepreneurship & the Law

It is the thesis of this paper that no privilege to act disloyally exists: that a power to act never trumps the duty of loyalty. My method is to discuss three cases in which the privilege or power to act appears to receive judicial support. The paper shows why this strategy does not work. Such assertions have no support in logic (and usually not in law), provide a slippery slope at the bottom of which the duty of loyalty ceases to exist, often result in a decision being internally inconsistent, and fail to stand the test of time. I will …

Lying, Stealing, And Cheating: The Role Of Arbitrators As Ethics Enforcers, Kristen M. Blankley

Nebraska College of Law: Faculty Publications

This Article will begin in Part II with a short description of the expansion of judicial immunity, which is one of the biggest motivating reasons for concern for arbitral ethics. If judicial immunity were not extended to the arbitral forum, parties who fall victim to unethical practices in the arbitral forum might have recourse. Immunity for arbitration participants, then, creates a pressing need for other reform. Reform, as noted in Part III, could be achieved through changes to the law—particularly by expanding the criminal laws dealing with crimes against the administration of justice to the arbitral forum or ever so …

Finding Fault?: Exploring Legal Duties To Return Incidental Findings In Genomic Research, Elizabeth R. Pike, Karen H. Rothenberg, Benjamin E. Berkman

Faculty Scholarship

The use of whole genome sequencing in biomedical research is expected to produce dramatic advances in human health. The increasing use of this powerful, data-rich new technology in research, however, will inevitably give rise to incidental findings (IFs), findings with individual health or reproductive significance that are beyond the aims of the particular research, and the related questions of whether and to what extent researchers have an ethical obligation to return IFs. Many have concluded that researchers have an ethical obligation to return some findings in some circumstances, but have provided vague or context-dependent approaches to determining which IFs must …

The Professional, Winter 2014, 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.