Legal Ethics and Professional Responsibility Commons^™

Unpacking The Apprenticeship Of Professional Identity And Purpose: Insights From The Law School Survey Of Student Engagement, Carole Silver, Amy Garver, Lindsay Watkins

Articles by Maurer Faculty

Drawing on data from the Law School Survey of Student Engagement, this paper investigates the ways in which law students develop a sense of professional identity and purpose, the third apprenticeship identified by the Carnegie Foundation in its report, Educating Lawyers. The data offer only a first step toward unpacking how students learn about professional identity and purpose. Generally, the findings point to the importance of law school classes for effective learning about legal ethics, and to the role of clinical legal education as a means for deepening the effectiveness of lessons about ethics, professional identity and purpose.

Taking The Ethical Duty To Self Seriously: An Essay In Memory Of Fred Zacharias, Samuel J. Levine

Scholarly Works

No abstract provided.

Fred Zacharias’S Skeptical Moralism, David Luban

Georgetown Law Faculty Publications and Other Works

Fred Zacharias's articles, Rethinking Confidentiality, published in two parts, were a sensational start to an illustrious career. Fred conducted the first and one of the best empirical studies of confidentiality in years, surveying lawyers and clients in Tompkins County, New York, about what lawyers actually told clients about confidentiality and its exceptions, and what difference the exceptions made in whether clients withheld information from their lawyers.

H. L. A. Hart’S Moderate Indeterminacy Thesis Reconsidered: In Between Scylla And Charybdis?, Imer Flores

Georgetown Law Faculty Publications and Other Works

In this article, in the context of the fiftieth anniversary of H. L. A. Hart’s The Concept of Law, The author reconsiders the moderate indeterminacy of law thesis, which derives from the open texture of language. For that purpose, the author intends: first, to analyze Hart’s moderate indeterminacy thesis, i.e. determinacy in “easy cases” and indeterminacy in “hard cases,” which resembles Aristotle’s “doctrine of the mean”; second, to criticize his thesis as failing to embody the virtues of a center in between the vices of the extremes, by insisting that the exercise of discretion required constitutes an “interstitial” legislation; …

The Limits Of Process, Robin West

Georgetown Law Faculty Publications and Other Works

This article presents four major objections to Jeremy Waldron’s claim that for “Rule of Law” to exist it we must move beyond basic formal requirements that laws be general and knowable rules we can all comply with, towards substantive requirements that when the law imposes its censorial and punitive will upon us, it is applied in a way that acknowledges our intelligence and respects our individual dignity. After challenging Waldron’s claim, the author suggests that if Rule of Law theorizing is intended to capture our ideals of law, then the three paradigms of Rule of Law scholarship that Waldron has …

Crisis In The Legal Profession: Don’T Mourn, Organize!, Michael E. Tigar

Faculty Scholarship

No abstract provided.

The Panic Defense And Model Rules Common Sense: A Practical Solution For A Twenty-First Century Ethical Dilemma, Teresa M. Garmon

Georgia Law Review

The attorney-client relationshipremains one of the most
highly regarded associations in society and is of
indispensable importance for criminal defendants, but it
is not a relationship that lasts forever. The Model Rules of
Professional Conduct (Model Rules) not only allow
breaking this affiliation, but also sometimes demand it.
Yet, in other circumstances, the Model Rules and judicial
custom may force an attorney to proceed with a
representation-even in the face of fundamental
disagreement with the core defense in a criminal case.
Through the avenue of the gay panic defense, this Note
explores how attorneys can become trapped between their
own …

Legal Ethics Scholarship Of Ted Schneyer: The Importance Of Being Rigorous, The Festschrift For Ted Schneyer Lawyer Regulation For The 21st Century: Foreword, Bruce A. Green

Faculty Scholarship

This collection on "Lawyer Regulation for the 21st Century" celebrates Ted Schneyer's legal ethics scholarship. From my perspective as Ted's friend and colleague in the field of legal ethics, it is obvious how richly he deserves this festschrift, and it is my privilege to be invited to contribute its foreword. But to someone outside the field, many questions might be raised. Why celebrate legal scholarship? Why celebrate legal ethics scholarship? Why celebrate Ted Schneyer's legal ethics scholarship? And why celebrate it by collecting writings on the theme of Lawyer Regulation for the 21st Century? Though I have no desire to …

Prosecutors' Ethical Duty Of Disclosure In Memory Of Fred Zacharias , Bruce A. Green

Faculty Scholarship

In the spring of 2009, I sent Fred Zacharias an e-mail to let him know that the American Bar Association's (ABA) Standing Committee on Ethics and Professional Responsibility, on which I was serving, was working on an opinion on prosecutorial ethics and to suggest that once it was published, the opinion might be fodder for our next article. Over the preceding decade, Fred and I had coauthored five articles on the regulation of prosecutors,' and various others on the regulation of lawyers in general, but at that time, we had no work in progress and had been out of touch …

Mediating Multiculturally: Culture And The Ethical Mediator, Carrie Menkel-Meadow, Harold I. Abramson

Georgetown Law Faculty Publications and Other Works

This commentary on mediating multiculturally in a chapter of Mediation Ethics (edited by Ellen Waldman) suggests there are times when mediators should not mediate, because of their own ethical commitments. Commenting on a hypothetical divorce scenario (of Ziba, a 17 year old from her 44 year old husband, with two children aged 3 and 2, where the parties claim to want Shari’a principles to apply), the author (Carrie Menkel-Meadow) suggests that she would not mediate a case which might violate formal laws (American marriage and divorce laws) or infringe on rights that one of the parties might not be fully …

Medical Malpractice Mediation: Benefits Gained, Opportunities Lost, Carol B. Liebman

Faculty Scholarship

In the past decade, the United States healthcare system has begun to use mediation to facilitate communication between patients and physicians after an adverse medical event, to ease tensions among members of care-giving teams, to resolve medical malpractice claims, and to help family members and medical professionals make awesome and wrenching decisions at the end of life. Implementation of the Patient Protection and Affordable Care Act of 2010 will produce new controversies and increase the need for mediation. Patients, families, physicians, nurses, other healthcare professionals, and administrators will require help managing the disagreements that arise as they adapt to the …

The Challenges Of Developing Cross-Cultural Legal Ethics Education, Professional Development, And Guidance For The Legal Professions, Philip Genty

Faculty Scholarship

The broad goal of this paper is to describe the need, and provide a framework, for engaging in cross-cultural conversations among lawyers, law teachers, and others, who are using legal ethics as a vehicle for improving the legal professions and the delivery of legal services. All legal cultures struggle with the question of how to educate students and lawyers to be ethical professionals and how to regulate the legal profession effectively. The purpose of the cross-cultural conversations discussed in this paper would be to develop principles of legal ethics education, professional development, and regulation of the legal professions that can …

Dec. 1, 2010, Ifc, Policy On Soc. And Environmental Sustainability _V2, Ifc

IFC E&S Performance Standards

No abstract provided.

Dec. 10, 2010, Ifc Performance Standards_V2, Ifc

IFC E&S Performance Standards

No abstract provided.

Legal Ethics, Patrick Emery Longan

Mercer Law Review

During the survey period from June 1, 2009 through May 31, 2010, the appellate courts in Georgia decided cases involving the discipline of lawyers, ineffective assistance of counsel, legal malpractice, bar admission, judicial ethics, and attorney disqualification. The courts also decided one case involving an important issue of professionalism and several miscellaneous cases. The State Bar of Georgia Formal Advisory Opinion Board issued several opinions that relate to the professional responsibilities of Georgia lawyers.

Razian Authority And Its Implications For Legal Ethics, W. Bradley Wendel

Cornell Law Faculty Publications

The question considered in the session was whether the concern of legal ethics is the morality of law, the morality of clients, or the morality of lawyers. The response I have been pursuing, in my book and elsewhere, is that all of these moral concerns are tied together in the lawyer’s role. The morality of law, clients, and lawyers are interrelated, but the political perspective is primary. The law serves a political purpose, of making public life possible despite first-order moral pluralism. When people disagree, either at the level of moral principles or over the facts that bear on the …

Nov. 2010, Bretton Woods Project, Out Of Sight, Out Of Mind, Bretton Wood Project

IFC E&S Performance Standards

No abstract provided.

Professional Responsibility, James M. Mccauley

University of Richmond Law Review

No abstract provided.

Estamos Bien En El Refugio Los 33 Una Historia De Las Organizaciones Mineras Y Su Lucha Por La Seguridad En La Minería., Bram Sable-Smith

Independent Study Project (ISP) Collection

This investigation focuses on the history of security in the mining sector of Chile, and attempts to do so from the perspective of the miners’ and workers’ unions. The aim of the investigation was to explore specifically the changes coming regarding security in mining in the aftermath of the accident in the San José mine of August 5, 2010; changes in the government, changes in the country’s legislation, and what role the workers’ organizations are playing in these changes, and what changes it is that they are asking for.

At the end of the investigation it still remained to be …

Governance Of Health Research Involving Humans In Developing Countries: The Nigerian Example, Cheluchi Onyemelukwe

PhD Dissertations

An intense debate has occurred regarding research involving humans in developing countries in recent years. Research in this area has focused mainly on examining the ways in which the economic inequalities in healthcare between developing countries and developed countries have affected the types of research conducted in developing countries by external sponsors. Research has also focused on how these inequalities, and the difficulties in applying the international ethical guidelines, give rise to ethical concerns and controversies. Recent literature has therefore examined several ethical concerns in health research in developing countries. What is missing in the literature on research oversight in …