Legal Ethics and Professional Responsibility Commons^™

Still “Snowing” In The Sunshine State: An Analysis Of And Potential Solutions To The Lack Of Protection From Employer Retaliation For Florida Lawyers Who Adhere To The State’S Mandatory Reporting Of Professional Misconduct Rule, Jason A. Anon

FIU Law Review

No abstract provided.

Considering Reconsidering Judicial Independence, Charles G. Geyh

Articles by Maurer Faculty

In Reconsidering Judicial Independence, Professor Stephen Burbank revisits the nature of the relationship between judicial independence and judicial accountability—a relationship that he has elucidated over the course of an illustrious career. As Burbank emphasizes, the continuing success of this dichotomy depends on preserving a balance between its halves. But forces generations in the making have led to a new assault on the independence of the judiciary in the age of Trump, which has put the future of the independence–accountability balance in doubt. The age-old rule-of-law paradigm, which posits that independent judges put aside their personal biases and follow the law, …

Hallows Lecture: Ambition And Aspiration: Living Greatly In The Law, Lee H. Rosenthal

Marquette Law Review

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The Emperor’S New Clothes: An Intersection Of Presidential Immunity And Criminal Accountability, Nicholas J. Maggio

Touro Law Review

No abstract provided.

Bias In The Boardroom: Implicit Bias In The Selection And Treatment Of Women Directors

Marquette Law Review

In light of the stagnation in growth of women directors on corporate boards, board diversity advocates and corporate leaders should look to the role implicit gender bias plays in the board nomination process and in challenges women directors face while serving on boards. Relevant stakeholders often overlook how implicit bias barriers prevent women from reaching the boardroom and persist as obstacles once women directors have earned their seats on the board. Incorporating social psychological research on implicit bias and recognized strategies to work around bias, such as objective assessments and guidelines, data analytics, and accountability mechanisms, this Article encourages companies …

Judicial Ethics: A New Paradigm For A New Era, Charles G. Geyh

Articles by Maurer Faculty

As the preamble to the Model Code of Judicial Conduct indicates, traditional notions of judicial ethics operate within a rule of law paradigm, which posits that the "three I's" of judicial ethics-independence, impartiality, and integrity-enable judges to uphold the law. In recent decades, however, social science, public opinion, and political commentary suggest that appointed judges abuse their independence by disregarding the law and issuing rulings in accord with their biases and other extralegal impulses, while elected judges disregard the law and issue rulings popular with voters, all of which calls the future of the three I's and judicial ethics itself …

Revisiting Abbe Smith's Question, "Can A Good Person Be A Good Prosecutor?", In The Age Of Krasner And Sessions, Rebecca Roiphe

Articles & Chapters

No abstract provided.

Technology In Legal Practice: Keeping Ethical Obligations In Mind, Teresa J. Verges, Christine Lazaro

Faculty Publications

(Excerpt)

The use of technology in the legal profession is ubiquitous, expanding, and ever changing. Lawyers connect with their clients, co-workers, and others through email. Cloud computing has allowed lawyers to create virtual and mobile workspaces, providing them with accessibility to client files and resources anywhere in the world. Social media allows lawyers to showcase their expertise and build their practice. Technology has undoubtedly impacted how lawyers provide legal services to their clients. However, as lawyers, we remain subject to long-standing professional and ethical obligations that govern our practice. This article explores how commonly used technology in legal practice implicates …

Hey, Big Spender: Ethical Guidelines For Dispute Resolution Professionals When Parties Are Backed By Third-Party Funders, Elayne E. Greenberg

Faculty Publications

This first-of-its-kind paper introduces ethical guidelines and suggested practices for dispute resolution providers and neutrals when third-party funders provide financial backing for parties in U.S. domestic arbitrations and mediations. Sophisticated third-party funders have realized that litigation and dispute resolution are fast-growing, unregulated investment opportunities. Seizing these opportunities, third-party funders are now making billions of dollars in profits through their strategic investments in domestic and global litigation and dispute resolution with few ethical rules or regulations to curtail their investment behavior.3 Preferring to be secretive about the terms of their funding contracts and invisible in their work, third- party funders are …

2018 Camp Courthouse Colloquy, United States Court Of Appeals For The Second Circuit: The Art Of Mediating Intractable Disputes, George J. Mitchell

Cardozo Journal of Conflict Resolution

In 1974, the Civil Appeals Mediation Program ("CAMP") was established in the Second Circuit of the United States Court of Appeals as a pioneering initiative. CAMP is an integral part of the court's appellate process and provides mediation in suitable, counseled civil appeals that are eligible under Local Rule 33.1. In 2017, CAMP inaugurated the Courthouse Mediation Colloquy series to gather members of the judiciary, members of the bar, mediators, academics, and students in an informal, educational setting. The Colloquy features a distinguished guest engaging in a conversation with a representative of the court about aspects of mediation that are …

Cooperative Design Lawyering: How Can Lawyers Prevent Disputes Through Value Innovation?, Jean-François Roberge, Véronique Fraser

Cardozo Journal of Conflict Resolution

This article puts forth processes for preventing disputes based on value innovation, an approach referred to as Cooperative Design Lawyering ("CDL"). It suggests that law firms could take a competitive edge by offering Cooperative Design Lawyering services. It explores how legal designers can redefine the value and predictability of a relationship between parties by creating positive-sum interdependence, managing risk allocation and preventing the escalation of eventual disputes. It argues that CDL has the potential to act as a "blue ocean" strategy by targeting unmet needs and delivering value innovation to reach untapped markets. CDL relationship-oriented services capture value and improve …

Solving The Problem-Solver Problem: How A Revamp Of Arbitral Ethics Will Encourage Plaintiffs And Benefit Defendants, Lindsey Rubinstein

Cardozo Journal of Conflict Resolution

This Note aims to expose the consequences of these ethical deficiencies, including a lack of uniformity in arbitral results, conflicts of interest, and a lack of bargaining power for plaintiffs. This Note will also provide a framework for what an arbitral code of ethics should look like to ensure greater protections for petitioners. It is important to mention that this Note will explore the problems introduced above exclusively in the context of the ethical framework provided by the AAA. Part II will provide background information on the rise of arbitration, the development of the AAA Code of Ethics, and the …

Evaluating The Singapore Convention Through A U.S.-Centric Litigation Lens: Lessons Learned From Nearly Two Decades Of Mediation Disputes In American Federal And State Courts, James R. Coben

Cardozo Journal of Conflict Resolution

This chapter assesses the likely efficaciousness of the Singapore Mediation Convention based on nearly two decades experience of systematically tracking and studying mediation litigation in the U.S. federal and state courts.

Singapore Convention Defences Based On Mediator's Misconduct: Articles 5.1(E) & (F), Michel Kallipetis

Cardozo Journal of Conflict Resolution

At the February 2019 ICC Mediation Competition in Paris, Damien Cote from Canada and David Lewis from New York moderated a "debate" on the Singapore Convention. One of the panellists launched into a full-scale attack on the Convention, in which he dismissed it on the basis that the "whole document resembled the New York Convention and was redolent of arbitration rather than mediation." The speaker focused on Article 5 and the Grounds for Refusing Relief, and he was particularly critical of Articles 5.1(e) and (f). He expressed his view that these articles were apposite to the setting aside of an …

Law Schools Harm Genizaros And Other Indigenous People By Misunderstanding Aba Policy, Bill Piatt, Moises Gonzales, Katja Wolf

Faculty Articles

Law schools justifiably seek to enroll a diverse student body in order to enrich the academic experience and environment, and to provide attorneys who will serve all segments of our society. American law schools enjoy the constitutional right to maintain such diversity. Indeed, accreditation standards promulgated by the American Bar Association ("ABA") require it. The Association of American Law Schools carries a similar mandate.

In seeking to create a diverse student body, law schools offer applicants the opportunity to identify their backgrounds. There generally is no "diversity police" checking on the accuracy of the self-identification as a member of a …

Examining The Model Rules Of Professional Conduct To Include Women's Moral Experience And Feminist Ethics, Anietie Akpan

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Facebook-Cambridge Analytica Data Harvesting: What You Need To Know, Ikhlaq Ur Rehman

Library Philosophy and Practice (e-journal)

In 2018, it became public knowledge that millions of Facebook users’ data had been harvested without their consent. At the heart of the issue was Cambridge Analytica (CA) which in partnership with Cambridge researcher, Aleksandr Kogan harvested data from millions of Facebook profiles. Kogan had developed an application called “thisisyourdigitallife” which featured a personality quiz and CA paid for people to take it. The app recorded results of each quiz, collected data from quiz taker’s Facebook account such as personal information and Facebook activity (e.g., what content was “liked”) as well as their Facebook friends which led to data harvesting …

Learning To Be More Than A Lawyer, Carol Morgan

Scholarly Works

No abstract provided.

The Canadian Legal System: An Introduction For Regulated Professions, Steve Coughlan, Dale Darling

Articles, Book Chapters, & Popular Press

To understand the influence of law on any regulated profession, one must first understand the influences on the creation of law. This introductory paper sets the context for that discussion of law by explaining the structural aspects of the legal system. Those aspects include the sources of law in Canada, the forms that law can take, and the parties who are primarily responsible for creating and shaping the law. This paper is structured around the discussion of four things: constitutional law, non-constitutional law, decision-makers in the legal system and, finally, a case study illustrating those features in action.

Train Wrecks: 3m National Teaching Fellows Explore Creating Learning And Generative Responses From Colossal Failures, William B. Strean, Patrick T. Maher, Kim Brooks

Articles, Book Chapters, & Popular Press

We all fail. We also like to look good and avoid looking bad. So, even though we know that taking risks and trying new approaches are important for enhancing our teaching and students’ learning (Strean, 2017), we rarely talk about our failures. Our claim in this paper is that our insecurities create a substantial barrier to improving and enriching our teaching practices. If we do not find time to take big risks, and then to explore and critically reflect on failures that result sometimes from those risks, we lose out on the chance to become better teachers; more fundamentally, we …