Legal Ethics and Professional Responsibility Commons^™

Ethical Blindspots In Adoption Lawyering, Malinda L. Seymore

University of Richmond Law Review

This Article discusses ethical issues relevant to adoption attorneys, as well as the lessons from behavioral ethics that inform the ethical blind spots common in the practice. The Model Rules for attorneys address a number of areas relevant to the complexitiesof adoption practice. Rules relating to competency and confidentiality, conflicts of interest and dual representation, and the lawyer’s roles as counselor as well as advocate are particularly germane. Although much has been written about the dual representation issue in adoption, other issues of professional responsibility in adoption cases have not been as carefully explored. This Article seeks to remedy that. …

“Breaking Up Is Hard To Do”: Conceptualizing The Artist-Manager Relationship As A Marriage For Purposes Of Alternative Dispute Resolution, Gillian Sloane

Cardozo Journal of Conflict Resolution

The problem is not that the artist-manager relationship is a highly personal one. The problem is, that due to the present state of the music industry and current legislation, the nature of the relationship is given no weight when disputes between the parties occur. The constraining designation of the artist-manager relationship and ineffective legal remedies provided when disputes arise, negatively affect the viability of the relationship and essentially guarantee dissolution of the relationship.

This Note addresses that problem. Instituting different forms of alternative dispute resolution ("ADR") processes, commonly applied in divorce and family law, at different stages of the artistmanager …

Washington’S Young Offenders: O’Dell Demands A Change To Sentencing Guidelines, Erika Vranizan

Seattle University Law Review

This Note argues that the O’Dell decision was a watershed moment for criminal justice reform. It argues that the reasoning in O’Dell should be seized upon by the legislature to take action to remediate instances in which defendants are legal adults but do not possess the cognitive characteristics of an adult sufficient to justify adult punishment. Given both the scientific impossibility of identifying a precise age at which characteristics of youthfulness end and adulthood begins and the Court’s repeated recognition that these very factors impact culpability, the current approach to sentencing young offenders aged eighteen to twenty-five as adults simply …

The Communitarian Work And Vision(S) Of Robert Cochran (And Thomas Shaffer), Richard W. Garnett

Journal Articles

Professor Robert Cochran's work and thought were powerfully shaped by those of his friend, mentor, and teacher, the late Professor Thomas Shaffer, a towering figure in the religious lawyering movement. A leading theme in Shaffer's writing, one that has continued through and been developed in Cochran's, is "community." This Essay explores and unpacks this theme and highlights several ways that the idea of "community" functions in their vision of the lawyer 's role and vocation.

Celebrating The Work Of Professor Bob Cochran: An Introduction, Derek T. Muller

Journal Articles

The broad and deep scope of Professor Bob Cochran's work has influenced many legal scholars over the last several decades, and it will continue to shape how we think about law, ethics, and religion for decades to come. Indeed, his co-edited volume Christian Perspectives on Legal Thought stands as the first among many efforts to do just that. This special issue of the Pepperdine Law Review celebrates that extensive and impressive body of work. And the articles here, too, emphasize that this scholarship extends beyond the concerns of this life and into concerns of the life to come.

The Ongoing Speculation About Smart Contracts: Smart Enough To Replace Third Party Arbitrators, Or Is "Smart" Just A Misnomer?, Rakhil Kalantarova

Cardozo Journal of Conflict Resolution

Although there is unmatched publicity about blockchain all over the world, the purpose of this Note is to provide a narrower insight into the fundamental importance of blockchain to the evolution of smart contracts. It will also introduce a proposition that oracles should be granted the authority to serve as arbitrators in mandatory Online Dispute Resolution ("ODR") and advise a step-by-step process to achieve that end. Section II of this Note will explore the background information and intricacies of blockchain technology, along with the realm of the purposes of smart contracts. It will also attempt to explain the benefits of …

The Politics Of Regulating And Disciplining Judges In Nigeria, Olabisi D. Akinkugbe

Articles, Book Chapters, & Popular Press

The disciplining of judges is a sensitive and complex challenge. In Nigeria, the complexity is heightened because the process is complicated by socio-political factors and public views about the motivations for disciplining some judges, including claims of political interference by the ruling government. This Chapter argues that both judicial discipline and the work of the National Judicial Council (NJC) – the body responsible for judicial regulation in Nigeria – are caught up within Nigeria’s peculiar socio-politics, a reality that a strictly legal analysis will miss. The Chapter analyzes contemporary challenges and controversies associated with the complaints and discipline procedure in …

Bring On The Pettifoggers: Revisiting The Ethics Rules, Civil Gideon, And The Role Of The Judiciary, Jodi Nafzger

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Punishing Vandalism Correctly In An Access Economy, W.C. Bunting

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Victim Impact Evidence In Capital Cases: Regulating The Admissibility Of Photographs And Videos In The Payne Era, Alexander H. Updegrove

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Last Testament Of Justice Scalia: On Aquinas And Law, Stefanus Hendrianto

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Revitalizing The Implied Warranty Of Habitability, Serge Martinez

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Human Dignity And The Doctrine Of Provocation: A New Approach, Roni Rosenberg

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Elder Financial Abuse: Fiduciary Law And Economics, Ben Chen

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Troubled Waters: Expansion Of The Michigan Public Trust Doctrine In An Era Of Increasing Pollution, Kathryn Zoller

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Protection Or Suppression? Reevaluating The Constitutionality Of Voter Id Laws In Light Of New Empirical Evidence, Jared D. Michael

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Nonprofit Organizations And Anti-Corruption Statutes: Incentives For Compliance, Elizabeth B. Coburn

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

A Statistical Overview On Data Privacy, Fang Liu

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Charter School Bankruptcy Eligibility Under The “Governmental Unit” Exception, Parth M. Parikh

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Financial Crisis, Antiglobalism Fervor And Entrenchment: A Warning For The United States And United Kingdom, Michael Medved

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.