Legal Ethics and Professional Responsibility Commons^™

Volume 48 Masthead, Seattle University Law Review

Seattle University Law Review

Volume 48 Masthead

Expanding Access To Justice Through Regulatory Reform And Innovation: Arizona Lessons From The Past, Present, And Future, Samuel A. Thumma

University of Cincinnati Law Review

No abstract provided.

Maine's Iolta Proposal: A Source Of Supplemental Funding For Legal Services, J. Gordon Scannell Jr.

Maine Law Review

Lawyers often hold certain client funds for short periods of time. Generally, those funds must be kept separate from funds belonging to the lawyer or law firm. Occasionally the clients' funds are deposited in individual, interest bearing accounts and the interest generated is credited to the particular client, but more often the amount or length of the deposit does not warrant the opening of an individual account and the funds are aggregated in a general, noninterest bearing trust account. A number of states have implemented programs, commonly referred to as Interest on Lawyers' Trust. Accounts (IOLTA), which allow attorneys to …

Cancellation Of Removal For Inadmissible Non-Citizens, Anna Vanbuskirk

Law Student Works

Cancellation of removal is a defensive application for non-citizens in immigration removal proceedings. It is often colloquially referred to as “42B cancellation of removal” based on the form number of the associated application. This Pathfinder research guide provides an overview of cancellation of removal for inadmissible non-citizens. Those who satisfy the criteria in INA § 240A(b)(1) and successfully petition an immigration judge for 42B cancellation of removal are eligible for adjustment of status to lawful permanent residence.

This guide navigates the researcher through an overview of the cancellation of removal criteria and how to find the relevant federal statutes, applicable …

Legal Ethics, Patrick Emery Longan

Mercer Law Review

This Survey covers the period from June 1, 2023 to May 31, 2024. The Article discusses developments with respect to lawyer discipline, bar admission and reinstatement, malpractice, ineffective assistance of counsel, disqualification of counsel, judicial misconduct and recusal, attorney’s fees and liens, contempt and other sanctions, unauthorized practice of law, suits against the State Bar of Georgia, attorney-client privilege, amendments to the Georgia Rules of Professional Conduct, formal advisory opinions, and one miscellaneous matter.

Human Rights Due Diligence At The Intersection Of Corporate Compliance And Corporate Purpose, Stephen Kim Park

Brooklyn Journal of Corporate, Financial & Commercial Law

The concept of human rights due diligence (“HRDD”) is one part of a broad and diverse range of approaches to address the responsibilities of business to society. Through laws requiring that companies identify and address their adverse impacts on workers, communities, and the environment, HRDD expands the role of corporate compliance in making companies accountable for the welfare of stakeholders. This Article addresses the implications of HRDD laws on how corporations operationalize corporate purpose and examines the barriers posed by corporate compliance practices to meaningfully—rather than cosmetically—enhance responsible business conduct.

What Should Caremark Encompass?, Claire A. Hill, Zohreh Zakiani

Brooklyn Journal of Corporate, Financial & Commercial Law

Under In re Caremark Int’l Inc. Derivative Litig., decided in 1996, directors are required to oversee corporate compliance and can be liable for breaching their fiduciary duties if their oversight efforts do not suffice. Since it was decided, Caremark has been very influential, notwithstanding its high bar to liability. Notably, its influence far exceeds the actual probability that directors would be found liable under the doctrine. Instead, much of Caremark’s force is “soft,” through extra-legal mechanisms such as norms and pressures from various constituencies. Caremark clearly covers oversight for violations of law or regulation. But what, beyond those two things, …

Regulating Compliance Officers, Jennifer M. Pacella

Brooklyn Journal of Corporate, Financial & Commercial Law

Compliance officers are currently an unregulated body and, unlike the legal profession, are not subject to any particular set of professional guidelines that guide their behavior. The lack of a distinct compliance officer profession creates risks relating to heightened potential personal liability and the possibility of merging with another profession that is not exactly compatible with the compliance function. To mitigate these risks, this Article proposes the creation of a professional regulatory system for compliance officers that is industry-specific and self-regulated and discusses the various benefits that would stem from such a system.

International Compliance Codes: Reflections On Their Significance, James Fanto

Brooklyn Journal of Corporate, Financial & Commercial Law

This Article explores the significance of international compliance codes. After describing compliance and reviewing compliance program activities and structures that have become the standard compliance mode, it looks at major U.S. and international compliance codes that helped establish and reinforce that model. It then explores reasons for the successful international diffusion of compliance, as evidenced by the international compliance codes. It particularly highlights that the compliance codes have followed a well-trodden path of international codes of business practices, which is to present them as a kind of neutral business technology. It discusses the main reason for this presentation, academic criticism …

Emerging Compliance In The Generative Decentralized Era, Nizan Geslevich Packin

Brooklyn Journal of Corporate, Financial & Commercial Law

Is it the end of compliance as we know it? Emerging technologies such as Artificial Intelligence (“AI”), including Generative AI (“GenAI”), and blockchain are reshaping regulatory compliance in the Web 3.0 era. As machine-generated data becomes the norm, traditional models reliant on human oversight are becoming obsolete, necessitating swift adaptation from regulators and industry stakeholders. Historically, compliance was designed to be managed by humans due to the need for critical thinking, ethical considerations, and nuanced decision-making. Yet, in today’s era, this approach is no longer viable. Addressing this need, Regulatory Technology (“RegTech”) has played a key role in modernizing compliance …

Was 2024 A Good Year For You? Let’S Review Your Yardsticks…, Seow Hon Tan, Su Ching Lim

Research Collection Yong Pung How School Of Law

This op-ed encourages all to reflect on their year and examine whether they have lived meaningfully according to their yardstick of meaning, the legacy they want to leave behind, and whether their talents and credentials are empowering and enabling, rather than restricting them. It is written as part of a research project examining success and flourishing in Singapore.

Transplantation And Immortality: A Selective History Of Boston University’S Center For Health Law, Ethics & Human Rights, George J. Annas

Faculty Scholarship

The celebration of the anniversary of the Center for Health Law, Ethics & Human Rights (the “Center”) provides an opportunity to reflect on what defines the field of health law, as well as its conjoined twins of bioethics and human rights. The related fields are vast, and the subjects they encompass are ever-expanding. It is probably impossible to lay out a summary that does justice to their expansive, interdisciplinary scope. Instead, my discussion of the Center examines a subject that barely existed when the Center was formed in 19581 and that continues to make headlines more than sixty–six years later …

Paying For Performance? Attorneys' Fees In Fraud Class Actions, Stephen J. Choi, Jessica M. Erickson, Adam C. Pritchard

Articles

This paper studies whether plaintiffs' lawyers matter in securities class actions. We use inverse propensity score weighting (IPW) to compare the results in cases led by top-tier firms against those brought by lower-tier firms. This technique addresses case selection effects by using all of the cases led by a top-tier firm and then weighting the cases led by lower-tier firms based on how similar these cases are to the cases led by top-tier firms. We do find that top-tier lawyers obtain better outcomes for shareholders in a subset of securities class actions, specifically the cases against the larger (although not …

Law School News: Rwu Receives $750,000 Gift From Hassenfeld Family Foundation To Strengthen Law School's Regional Impact And Reputation 11-13-2024, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Empowering Ukraine’S First Legal Responders: Ukrainian-Us Collaboration And Clinics, Susan Felstiner, Davida Finger, Michelle Greenberg-Kobrin, Maria Tsypiashchuck

Articles

At the onset of the full-scale Russian war of aggression against Ukraine, U.S. law clinic professors worked alongside the leadership of the Association of Legal Clinics of Ukraine. The mutual objective was to support Ukrainian law professors and facilitate the continued legal education of their students, particularly the acquisition of skills typically taught in law clinics. Ultimately, the online partnership that developed focused on skills training and included seven Ukrainian law schools, faculty from over six U.S. law schools and one private law firm, and USAID Justice for All Activity in Ukraine. The overall goals of this collaboration were to …

The Federal Judiciary's Double Standard: How The Fsia Deters Plaintiffs In Their Search For Justice, Chance Easterling

MC Law Review

No abstract provided.

A Field Guide To Teaching Agency And Ethics: The West Wing And American Foreign Policy, Kayce Mobley, Sarah Fisher

Dialogue: The Interdisciplinary Journal of Popular Culture and Pedagogy

Though political science undergraduate courses reflect a rich theoretical tradition, they typically lack opportunities for students to express intangible concepts through the interpretation of creative works, a standard exercise of critical analysis. Educators can address this dearth in many ways, such as through utilization of popular culture texts. We employ the television series The West Wing to ground debates in American politics, specifically American foreign policy. Although this show has been on air since 2006, Netflix and Amazon have recently released the entire series for streaming, significantly reducing the hassle and monetary cost of using this source in the classroom. …

Failing To See What's In Front Of Our Eyes: The Effect Of Cognitive Errors On Corporate Scandals, Nancy B. Rapoport

William & Mary Business Law Review

Why do we believe flim-flam artists so readily, especially in the business and commercial realm? This Article explores four reallife versions of “The Emperor’s New Clothes” fable—FTX, WeWork, Theranos, and a former bankruptcy judge’s hidden romance— and asks why people bought into the hype. Where were the warning signs, and how might we better spot those signs in the future?

In Re Polo Grounds Area Project I: Lessons From A Forgotten Lawsuit, Robert M. Jarvis

Touro Law Review

In 1961, the City of New York, using its eminent domain power, took title to the famed Polo Grounds. In 1967, in the Polo Grounds Area Project II case, the New York Court of Appeals ordered the City to pay millions of dollars in compensation to the site’s owners. This Article recalls the much more obscure Polo Grounds Area Project I case. Decided in 1964, it represents the opening act in the legal drama set off by the New York Giants’ move to San Francisco. It also provides guidance on three subjects important for practicing lawyers: 1) the correct method …

The Role Of Accountability In Preserving Judicial Independence: Examining The Ethical Infrastructure Of The Federal Judicial Workplace, Susan Saab Fortney

Faculty Scholarship

After news reports of sexual harassment allegations involving federal judges, U.S. Supreme Court Chief Justice John Roberts asked the Director of the Administrative Office of the U.S. Courts to assemble a working group to address concerns related to misconduct in the federal judicial workplace. Following the working group’s report, the judiciary adopted recommendations relating to discrimination and harassment in the federal judiciary. Using the ethical infrastructure framework, this article reviews what changes have been made and what is missing. It explains how the steps taken largely focus on formal aspects of communicating and monitoring standards of conduct. Notably missing are …