Legal Ethics and Professional Responsibility Commons^™

Reforming The Eitc And Ctc To Provide Greater Income Stability — An Alternative To Ubi, Jacqueline Heafey

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Strained Relationship Between Hair Discrimination And Title Vii Litigation And Why It Is Time To Use A Different Solution, Christine Kennedy

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Symposium Spring 2021: The Ethics Of Government Service

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Anatomy Of Government Ethics Reform: Lessons Learned, A Path Forward, Paula A. Franzese

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Unweaving Hubbard’S Web: A Review Of Alabama’S Ethics Laws, Ferris Stephens, Andrew R. D'Entremont

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Elected-Official-Affiliated Nonprofits: Closing The Public Integrity Gap, Richard Briffault

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Conscience Leave, Andrew K. Jennings

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Role Of Norms In Modern-Day Government Ethics, Veronica R. Martinez

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Quid Pro No? The Bribery Statute’S Failure To Capture The “Official Acts” Of High-Ranking Public Officials, Lauren N. Vaca

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

A New Prescription: The Case For Enterprise Liability Reform In Light Of The Opioid Epidemic, Keith Ongeri

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

How And Why Did It Go So Wrong?: Theranos As A Legal Ethics Case Study, G. S. Hans

Vanderbilt Law School Faculty Publications

The Theranos saga encompasses many discrete areas of law. Reporting on Theranos, most notably John Carreyrou's Bad Blood, highlights the questionable ethical decisions that many of the attorneys involved made. The lessons attorneys and law students can learn from Bad Blood are highly complex. The Theranos story touches on multiple areas of professional responsibility, including competence, diligence, candor, conflicts, and liability. Thus, Theranos serves as a helpful tool to explore the limits of ethical lawyering for Professional Responsibility students. This Article discusses the author's experience with using Bad Blood as an extended case study in a new course on Legal …

Clinical Fellowships, Faculty Hiring, And Community Values, G. S. Hans

Vanderbilt Law School Faculty Publications

This Essay explores clinical hiring practices as an expression of community values. In particular, it discusses how lawyers become clinical faculty to reflect on whether and how prior clinical teaching experience should be assessed for entry-level clinical applicants in order to effectuate equity and inclusion within law schools and the clinical community. Publicly available data suggest that a majority of recent entry-level clinical faculty have prior clinical teaching experience as fellows or staff attorneys. What does this apparent hiring preference for prior teaching experience mean for the composition of the clinical community, especially with respect to equity and inclusion? As …

Guidance On Presidential Records By The National Archives And Records Administration, David S. Ferriero

Copyright, Fair Use, Scholarly Communication, etc.

How the Presidential Records Act Affects the President, Vice President, and White House Staff During the Administration

Overview

The Presidential Records Act (PRA) of 1978, as amended, 44 U.S.C. §§ 2201-2209, governs the official records of Presidents and Vice Presidents created on or received after January 20, 1981. The PRA changed the legal ownership of the official records of the President from private to public.

The PRA established a new statutory structure under which Presidents must manage their records. The Presidential Records Act:

 Defines and states public ownership of the records;

 Places the responsibility for the custody and …

Playing By The Rule: How Aba Model Rule 8.4(G) Can Regulate Jury Exclusion, Anna Offit

Faculty Publications

Discrimination during voir dire remains a critical impediment to empaneling juries that reflect the diversity of the United States. While various solutions have been proposed, scholars have largely overlooked ethics rules as an instrument for preventing discriminatory behavior during jury selection. Focusing on American Bar Association Model Rule of Professional Conduct 8.4(g), which regulates professional misconduct, this Article argues that ethics rules may, under certain conditions, deter the exclusionary practices of legal actors. Part I examines the specific history, evolution, and application of revised Model Rule 8.4(g). Part II delves into the ways that ethics rules in general, despite their …

School “Safety” Measures Jump Constitutional Guardrails, Maryam Ahranjani

Seattle University Law Review

In the wake of George Floyd’s murder and efforts to achieve racial justice through systemic reform, this Article argues that widespread “security” measures in public schools, including embedded law enforcement officers, jump constitutional guardrails. These measures must be rethought in light of their negative impact on all children and in favor of more effective—and constitutionally compliant—alternatives to promote school safety. The Black Lives Matter, #DefundthePolice, #abolishthepolice, and #DefundSchoolPolice movements shine a timely and bright spotlight on how the prisonization of public schools leads to the mistreatment of children, particularly children with disabilities, boys, Black and brown children, and low-income children. …

The Small-Er Screen: Youtube Vlogging And The Unequipped Child Entertainment Labor Laws, Amanda G. Riggio

Seattle University Law Review

Family vloggers are among the millions of content creators on YouTube. In general, vloggers frequently upload recorded videos of their daily lives. Family vloggers are unique because they focus their content around their familial relationships and the lives of their children. One set of family vloggers, the Ace Family, has recorded their children’s lives from the day they were born and continue to upload videos of each milestone, including “Elle Cries on Her First Rollercoaster Ride” and “Elle and Alaïa Get Caught Doing What!! **Hidden Camera**.” Another vlogging couple, Cole and Savannah LaBrant, post similar content, including videos titled “Baby …

The Rise Of Law And The Fall Of Circular 230: Tax Lawyer Professional Standards, 1985-2015, Michael Hatfield

Articles

This third article focuses on the two issues that dominated discussions of professional responsibility standards for tax lawyers in the 1985-2015 period: return position standards and tax shelter opinions. It opens with consideration of the ABA’s 1965 opinion providing “reasonable basis” as the standard for undisclosed return positions, and then traces the response to that opinion as the response prods the development of the 1985 replacement with its “realistic possibility of success” standard. The Article documents the extensive interaction between Congress, the Treasury Department, and the tax bar over the next 30 years during which penalties are studied and revised …

Ethical Duty To Investigate Your Client?, Peter A. Joy

Scholarship@WashULaw

Lawyers have been implicated in corporate scandals and other client crimes or frauds all too often, and the complicity of some lawyers is troubling both to the public and to members of the legal profession. This is especially true when the crime involved is money laundering. As a response to attorney involvement in crimes or frauds, some legal commentators have called for changes to the ethics rules to require lawyers to investigate their clients and client transactions under some circumstances rather than remaining “consciously” or “willfully” blind to what may be illegal or fraudulent conduct. The commentators argue that such …

Selling Out: An Instrumentalist Theory Of Legal Ethics, Keith N. Hylton

Faculty Scholarship

Legal ethics has received attention mostly from scholars who view it as a field for the application of moral philosophy. However, economic analysis is also useful in the study of legal ethics, because it can illuminate the incentives that generate ethical dilemmas and controversies. This is especially true in the subfield this paper devotes its attention to, lawyer conflict of interest rules. The problem I focus on is the incentive of the lawyer to "sell out" his client-for example, by providing confidential information to a potential adversary or by providing legal misinformation to the client in order to aid the …

New Means Of Financing Tort Lawsuits And Law Firms: Presentation Of Professor Anthony Sebok, Anthony J. Sebok

Articles

The article explores the role of third-party financing in litigation, focusing on its historical development, ethical implications, and modern applications in addressing the challenges of negative value claims in mass torts and consumer litigation. It examines various forms of third-party support, including assignment, maintenance, champerty, and factoring, and evaluates their potential to facilitate access to justice while raising important legal and ethical considerations.