The Mindful Law School: An Integrative Approach To Transforming Legal Education,
2012
University of Miami School of Law
The Mindful Law School: An Integrative Approach To Transforming Legal Education, Scott L. Rogers
Articles
No abstract provided.
Endless Pursuit: Capturing Technology At The Intersection Of The First Amendment And Attorney Advertising,
2012
University of Miami School of Law
Endless Pursuit: Capturing Technology At The Intersection Of The First Amendment And Attorney Advertising, Jan L. Jacobowitz, Gayland O. Heathcote Ii
Articles
No abstract provided.
The Framing Effects Of Professionalism: Is There A Lawyer Cast Of Mind? Lessons From Compliance Programs,
2012
University of Miami School of Law
The Framing Effects Of Professionalism: Is There A Lawyer Cast Of Mind? Lessons From Compliance Programs, Robert Eli Rosen, Christine E. Parker, Viveke Lehmann Nielsen
Articles
Professionals working inside companies may bring with them frames of mind set by their professional experience and socialization. Lawyers, in particular, are said to "think like a lawyer"-to have a lawyer cast of mind. In seeking power within a company and in exercising the power that they obtain, professionals may draw on their professional background to frame, name, diagnose, and prescribe a remedy for the company's problems. In making decisions about their compliance with the law, companies are constrained not only by their environment, but also by their agents' understanding of whose (or what) interests the company should serve. In …
Ethical Issues Of The Practice Of National Security Law: Some Observations,
2012
Duke Law School
Ethical Issues Of The Practice Of National Security Law: Some Observations, Charles J. Dunlap
Faculty Scholarship
No abstract provided.
The Physician Payment Sunshine Act: An Important First Step In Mitigating Financial Conflicts Of Interest In Medical And Clinical Practice, 45 J. Marshall L. Rev. 963 (2012),
2012
UIC School of Law
The Physician Payment Sunshine Act: An Important First Step In Mitigating Financial Conflicts Of Interest In Medical And Clinical Practice, 45 J. Marshall L. Rev. 963 (2012), Alexandros Stamatoglou
UIC Law Review
No abstract provided.
Rule 3.8, The Jencks Act, And How The Aba Created A Conflict Between Ethics And The Law On Prosecutorial Disclosure,
2012
American University Washington College of Law
Rule 3.8, The Jencks Act, And How The Aba Created A Conflict Between Ethics And The Law On Prosecutorial Disclosure, Kirsten M. Schimpff
American University Law Review
No abstract provided.
United States V. White: Further Unbalancing The Judicial Analysis Of Forcible Medication Of Defendants Found Incompetent To Stand Trial,
2012
University of Maryland Francis King Carey School of Law
United States V. White: Further Unbalancing The Judicial Analysis Of Forcible Medication Of Defendants Found Incompetent To Stand Trial, Cynthia Polasko
Maryland Law Review
No abstract provided.
Exploitation Nation: The Thin And Grey Legal Lines Between Trafficked Persons And Abused Migrant Laborers,
2012
Notre Dame Law School
Exploitation Nation: The Thin And Grey Legal Lines Between Trafficked Persons And Abused Migrant Laborers, Dina Francesca Haynes
Notre Dame Journal of Law, Ethics & Public Policy
No abstract provided.
Corporate Wrongdoing And The In Pari Delicto Defense In Auditor Malpractice Cases: A New Approach,
2012
Washington and Lee University School of Law
Corporate Wrongdoing And The In Pari Delicto Defense In Auditor Malpractice Cases: A New Approach, Christine M. Shepard
Washington and Lee Law Review
No abstract provided.
Authoritarian Legal Ethics: Bradley Wendel And The Positivist Turn,
2012
Columbia Law School
Authoritarian Legal Ethics: Bradley Wendel And The Positivist Turn, William H. Simon
Faculty Scholarship
In this Review, I respond to the authoritarian theme in Lawyers and Fidelity to Law. In essence, I argue: neither libertarianism nor authoritarianism is a plausible starting point for a general approach to legal ethics. It is a great virtue of Ronald Dworkin’s jurisprudence that it suggests a conception of law and legal ethics that does not depend on either perspective. Moreover, it suggests a conception of lawyer responsibility that is more plausible than either Emersonianism or moralistic positivism. By gesturing toward positivism and by surrendering to less reflective authoritarian impulses, Wendel’s argument underestimates the extent to which social …
Restorative Lawyer Discipline In Australia,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Restorative Lawyer Discipline In Australia, Linda Haller
Nevada Law Journal
No abstract provided.
The Promise Of Client-Centered Professional Norms,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Promise Of Client-Centered Professional Norms, Katherine R. Kruse
Nevada Law Journal
No abstract provided.
Paradox Lost: The Potential Of Restorative Attorney Discipline — With A Cautionary Call For Making Distinctions,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Paradox Lost: The Potential Of Restorative Attorney Discipline — With A Cautionary Call For Making Distinctions, Jeffrey W. Stempel
Nevada Law Journal
No abstract provided.
Malpractice Liability Related To Foreign Outsourcing Of Legal Services,
2012
St. Mary's University School of Law
Malpractice Liability Related To Foreign Outsourcing Of Legal Services, Vincent R. Johnson, Stephen C. Loomis
Faculty Articles
The outsourcing of client-related tasks to service providers in other countries is likely to generate malpractice claims against American law firms. This Article discusses the wide range of theories under which an outsourcing American law firm may be liable for its own negligence or for the actions of outsourcing providers. These theories include negligence by the outsourcing law firm, vicarious liability for the conduct of firm principals and employees, vicarious liability for the conduct of independent contractors, and vicarious liability for the conduct of business partners.
Abandoning An "Unethical" System Of Legal Ethics,
2012
Cleveland State University
Abandoning An "Unethical" System Of Legal Ethics, David R. Barnhizer
Law Faculty Articles and Essays
It is time to abandon the pretense of "legal ethics" as an independent lawyer-run system and to design a civil liability system in which lawyers can be held accountable to wronged clients at reasonable costs with ready access and fair modes of proof. To the extent that the system of ethics actually caused lawyers to act "ethically" (which is a major and largely unsupportable supposition), the competitive dynamics of the legal profession, coupled with the significant decline in values, honesty, and accountability in American society, have rendered even that historically suspect system illegitimate. This does not mean that there are …
Conflicts As Inner Trials: Transitions For Clients, Ideas For Lawyers,
2012
University of Florida Levin College of Law
Conflicts As Inner Trials: Transitions For Clients, Ideas For Lawyers, Jonathan R. Cohen
UF Law Faculty Publications
As times of transition, conflicts often produce significant inner trials for parties. This paper categorizes some of the more common inner trials parties in conflict face (e.g., coping with loss, strong emotions, uncertainty, etc.) and suggests that, as liminal times in people’s lives, some conflicts may also hold within them important opportunities for learning, growth and self-definition. This paper also offers some ideas for how lawyers might best assist clients during such transitions.
Dedication,
2012
Notre Dame Law School
Dedication, John H. Robinson
Notre Dame Journal of Law, Ethics & Public Policy
No abstract provided.
Resource-Based Learning And Course Design: A Brief Theoretical Overview And Practical Suggestions,
2012
Georgia State University College of Law
Resource-Based Learning And Course Design: A Brief Theoretical Overview And Practical Suggestions, Meg Butler
Faculty Publications By Year
Law librarians teaching legal research should follow resource based learning pedagogical strategies. This paper provides a background in constructivist educational theory and resource based learning before identifying useful instructional strategies regarding course design decisions related to goal-setting, assignments, rubrics, and assessment.
Order In The Court!: Ethical Conduct In A Criminal Trial Under The Texas Disciplinary Rules.,
2012
St. Mary's University
Order In The Court!: Ethical Conduct In A Criminal Trial Under The Texas Disciplinary Rules., Edward L. Wilkinson
St. Mary's Journal on Legal Malpractice & Ethics
In a criminal trial, the most common ethical duties implicated are the duty of candor to the tribunal, maintaining the impartiality and integrity of the tribunal, and the fairness of the proceeding as a whole. Under the Texas Disciplinary Rules of Professional Conduct, these duties are broken down in Rules 3.03, 3.04, 3.05, and 3.06. Attorneys are charged with the responsibility of fully understanding each of these duties in order to interact accordingly with the tribunal. This Article will examine, in detail, each of these rules individually. Additionally, the Article will analyze how each of the rules overlap and coincide …
Cooperation-What Is It And Why Do It?,
2012
University of Richmond
Cooperation-What Is It And Why Do It?, David J. Waxse
Richmond Journal of Law & Technology
Litigation is a method of resolving disputes that is too costly and time consuming for most parties involved. As a Federal Magistrate Judge involved in case management on a day-to-day basis, I often see evidence of this. I also participated in the 2010 Conference on Civil Litigation held at Duke Law School and sponsored by the Federal Judicial Conference Standing Committee on Rules of Practice and Procedure. The conference explored “the current costs of civil litigation in Federal Court, particularly discovery, and discuss[ed] possible solutions.” As part of the conference, the Federal Judicial Center presented4its research findings on its study …
