The Problems Of Plagiarism As An Ethics Offense,
2011
Case Western University School of Law
The Problems Of Plagiarism As An Ethics Offense, Peter A. Joy, Kevin C. Mcmunigal
Faculty Publications
This column questions the practices of labeling attorney copying, even without acknowledgement, as plagiarism, and treating it as a per se ethics violation. Instead, the column argues that analysis of copying in the litigation context should focus directly on the quality of the filing at issue and the competence and diligence of the lawyer who prepared it.
A Collaborative Model Of Offshore Legal Outsourcing,
2011
Case Western University School of Law
A Collaborative Model Of Offshore Legal Outsourcing, Cassandra Burke Robertson
Faculty Publications
International outsourcing has come to the legal profession. The ABA and other bar associations have given it their stamp of approval, and an ailing economy has pushed both clients and firms to consider sending more legal work abroad. This article integrates research from the fields of organizational behavior, social psychology, and economic theory to analyze the effectiveness of the legal outsourcing relationship. It identifies organizational pressures in the practice of law that affect how legal work is performed in a transnational context, and it examines how individuals on both sides of the outsourcing process influence the success or failure of …
Contingent Rewards For Prosecutors?,
2011
Case Western University School of Law
Contingent Rewards For Prosecutors?, Peter A. Joy, Kevin C. Mcmunigal
Faculty Publications
This column explores whether contingent reward plans for prosecutors are ethical. After weighing arguments in favor and against such plans, the column concludes that rewards for prosecutors contingent on trial convictions are unsound.
Organizational Representation And The Frontiers Of Gatekeeping,
2011
American University Washington College of Law
Organizational Representation And The Frontiers Of Gatekeeping, William H. Simon
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Uk Law Notes, 2011,
2011
University of Kentucky
Uk Law Notes, 2011, University Of Kentucky College Of Law
Annual Magazines
No abstract provided.
Responsibility Of Schools In Dispensing Equal Justice: A Singapore Case Study,
2011
Singapore Management University
Responsibility Of Schools In Dispensing Equal Justice: A Singapore Case Study, Rathna Nathan
Research Collection Yong Pung How School Of Law
The gap between the needs of indigents and the state subsidised legal services or pro bono legal services exist in all societies. Traditionally, the state and the legal fraternity have assumed responsibility to bridge this gap. Law schools have traditionally and culturally confined themselves to the academic instruction of the law. This paper considers whether law schools have an equal responsibility to plug this gap. Four main issues are considered. First, law schools have a professional responsibility to instill legal professionalism in law students, which includes educating students in a pro bono culture. Second, these responsibilities can be effectively discharged …
Getting Good Results For Clients By Building Good Working Relationships With 'Opposing Counsel',
2011
University of Missouri School of Law
Getting Good Results For Clients By Building Good Working Relationships With 'Opposing Counsel', John M. Lande
Faculty Publications
Lawyers’ relationships with their “opposing counsel” make a big difference in how well they handle their cases. “Opposing counsel” often do oppose each other, sometimes quite vigorously, though they also regularly cooperate with each other. In the normal course of litigation, lawyers need to cooperate on many procedural matters. In some cases, they also cooperate to achieve their respective clients’ substantive interests. If the lawyers have a bad relationship, the case is likely to be miserable for everyone involved. If they have a good relationship, they are more likely to agree on procedural matters, exchange information informally, take reasonable negotiation …
A Discourse On The Aba's Criminal Justice Standards: Prosecution And Defense Functions: The Physical Evidence Dilemma: Does Aba Standard 4-4.6 Offer Appropriate Guidance?,
2011
University of Missouri School of Law
A Discourse On The Aba's Criminal Justice Standards: Prosecution And Defense Functions: The Physical Evidence Dilemma: Does Aba Standard 4-4.6 Offer Appropriate Guidance?, Rodney J. Uphoff
Faculty Publications
Since 1966, when criminal defense lawyer Richard Ryder was disciplined for retaining physical evidence that connected his client to a bank robbery, lawyers and courts have struggled with the ethical dilemma of how defense lawyers should deal with physical evidence that potentially incriminates one of their clients. When a lawyer takes possession of an evidentiary item, must she always turn it over to the authorities, as required by most courts that have addressed this dilemma? Or, can defense counsel return the evidence to the source from whom counsel received it as recommended by Standard 4-4.6 of the ABA Criminal Justice …
Simulations In Clinics, Contract Drafting, And Upper-Level Courses,
2011
Cleveland-Marshall College of Law, Cleveland State University
Simulations In Clinics, Contract Drafting, And Upper-Level Courses, Carole O. Heyward, David M. Epstein, Helen S. Scott, Daniel B. Bogart
Law Faculty Articles and Essays
I teach in a transactional clinic called the Urban Development Law Clinic. In my Clinic, we represent non-profit tax-exempt organizations that engage in real estate, economic, and community development. Some of our clients include Greater Cleveland Habitat for Humanity and Karamu House, which is a theater and community arts center. We serve as general counsel for some clients and provide legal advice on an as needed basis for others. The Clinic provides legal advice on real estate matters, corporate governance, transactions, and tax issues. The complexity of matters that we handle ranges from drafting a code of regulations to representing …
New Professional Opportunities For Women: Nursing, Teaching, Clerical,
2011
DePaul University
New Professional Opportunities For Women: Nursing, Teaching, Clerical, Sara L. Kimble
School of Continuing and Professional Studies Faculty and Staff Works
No abstract provided.
Fred Zacharias’S Skeptical Moralism,
2011
Georgetown University Law Center
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.
Making Civility Democratic,
2011
University of Florida Levin College of Law
Making Civility Democratic, Amy R. Mashburn
UF Law Faculty Publications
Historically, the concept of civility has been bound up with undemocratic notions of hierarchy and deference. Using insights from studies of civility by social psychologists, linguists, sociologists, historians, and political theorists, this article advances the theory that the legal profession’s self-consciously isolating professionalism ideology allows judges and disciplinary tribunals to apply deference-based notions of civility in their decisions to sanction lawyers. This theory would predict that the lawyers most likely to be sanctioned for incivility and rudeness are those from whom society expects the most deference. To test this theory, the author conducted an empirical study of every available case …
Redefining Human Rights Lawyering Through The Lens Of Critical Theory: Lessons For Pedagogy And Practice,
2011
University of Miami School of Law
Redefining Human Rights Lawyering Through The Lens Of Critical Theory: Lessons For Pedagogy And Practice, Caroline Bettinger-López, Davida Finger, Meetali Jain, Jonel Newman, Sarah Paoletti, Deborah M. Weissman
Articles
No abstract provided.
The Variable Value Of U.S. Legal Education In The Global Legal Services Market,
2011
Indiana University Maurer School of Law
The Variable Value Of U.S. Legal Education In The Global Legal Services Market, Carole Silver
Articles by Maurer Faculty
Many U.S. law firms now claim to be global organizations, and they seek to occupy the same high status everywhere they work. In part, simply supporting overseas offices is an indication of status for U.S.-based firms. But firms want more than this and they strive for recognition as elite advisors around the world. In this pursuit, have firms identified a set of common characteristics and credentials that define a "global lawyer?" That is, is there a uniform and universal profile, or perhaps a set of assets that comprise global professional capital, which are emerging as the indicia of credibility and …
Paradigm Shift,
2011
Indiana University Maurer School of Law
Paradigm Shift, William D. Henderson, Rachel M. Zahorsky
Articles by Maurer Faculty
No abstract provided.
Improving Criminal Justice: How Can We Make The American Criminal Justice System More Just?,
2011
Indiana University Maurer School of Law
Improving Criminal Justice: How Can We Make The American Criminal Justice System More Just?, Joseph L. Hoffmann, Nancy J. King
Articles by Maurer Faculty
No abstract provided.
Red Skies In The Morning—Professional Ethics At The Dawn Of Cloud Computing,
2011
Indiana University Maurer School of Law
Red Skies In The Morning—Professional Ethics At The Dawn Of Cloud Computing, Sarah Jane Hughes, Roland L. Trope
Articles by Maurer Faculty
The article evaluates risks to clients’ confidential and privileged information when lawyers or law firms store such information in any cloud computing “space” against the requirements of the Model Rules of Professional Conduct and the New York Rules of Professional Conduct. It also evaluates pertinent liability provisions of some of the more commonly used cloud computing services (Amazon.com and Google) against the lawyer’s responsibilities. An interesting portion covers the latest thinking from NIST on cloud computing benefits and risks.
Criminal Acts & Ethical Dilemmas: Some Client Nightmares Sneak Up On You,
2011
University of Missouri - Kansas City, School of Law
Criminal Acts & Ethical Dilemmas: Some Client Nightmares Sneak Up On You, Barbara Glesner Fines
Faculty Works
No abstract provided.
Two Views Of Class Action,
2011
University of Connecticut School of Law
Two Views Of Class Action, Alexandra Lahav
Faculty Articles and Papers
No abstract provided.
Confidentiality And Common Sense: Insights From Philosophy,
2011
University of Connecticut School of Law
Confidentiality And Common Sense: Insights From Philosophy, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
