Legal Ethics & Professional Responsibility eJournal最新文献

{"title":"Politics, Ethics & the Law, Legal Practice & Scholarship","authors":"W. Gerven","doi":"10.2139/SSRN.1313904","DOIUrl":"https://doi.org/10.2139/SSRN.1313904","url":null,"abstract":"This paper examines legal practice, legal scholarship, ethics and politics from the viewpoint of an academic who in his lifetime has, besides having been a professor, been a vice-rector, a civil servant, an advocate general and an anti-corruption officer.. As a vice-rector he acknowledged the essence of decision making: based on intuition kept in check by deliberation. As a civil servant he learned to involve considerations of general interest in the decision making process. As an advocate general he tried to combine assistance to the Court with assistance to the legal community in a multicultural and pluralist European environment. As an “anti-corruption” officer he used his judicial experience to advance reform in the EC Commission. As an academic he sought to promote the “bottom up” approach of comparative law: from judicial (and legislative) solutions to general principles which the EU member states have in common.","PeriodicalId":318823,"journal":{"name":"Legal Ethics & Professional Responsibility eJournal","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130987600","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Pro Bono as an Elite Strategy in Early Lawyer Careers","authors":"Ronit Dinovitzer, B. Garth","doi":"10.2139/ssrn.1291998","DOIUrl":"https://doi.org/10.2139/ssrn.1291998","url":null,"abstract":"This chapter will appear in the forthcoming book edited by Robert Granfield and Lynn Mather entitled Private Lawyers and the Public Interest: The Evolving Role of Pro Bono in the Legal Profession (Oxford University Press 2009). Drawing on the sociological theory of Pierre Bourdieu and data from the first wave of the After the J.D. Project, the chapter examines the way that pro bono reflects and reinforces professional hierarchies evident also in the construction of legal careers. Taking as a starting point Bourdieu's work on the \"interest in disinterestedness,\" this chapter examines the social distribution of pro bono service by looking at the backgrounds of pro bono practitioners and their work settings. We also investigate the relationship between pro bono work and job satisfaction, finding that there is indeed a symbolic and tangible value to disinterestedness. Finally, the chapter also finds that orientations and dispositions towards pro bono work themselves reflect and reinforce the hierarchy of the profession.","PeriodicalId":318823,"journal":{"name":"Legal Ethics & Professional Responsibility eJournal","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-10-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115182042","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"How To Comply with ABA Guideline 10.7(B)(2) and Why It Matters - Part 1 of 2","authors":"R. Jade","doi":"10.2139/ssrn.1129349","DOIUrl":"https://doi.org/10.2139/ssrn.1129349","url":null,"abstract":"Guideline 10.7(B)(2) of the American Bar Association's Guidelines for the Appointment and Performance of Defense Counsel in Capital Cases (2003) requires death penalty defense counsel to ensure that the official record of the case is complete, and to supplement it as needed. Part 1 of this two-part article explains the nuts and bolts of how to comply with the Guideline and is designed for use as a training packet for capital defenders. Part 2 of this article presents the sample pleadings and copies of public documents from Oregon death penalty cases as referenced in Part 1.","PeriodicalId":318823,"journal":{"name":"Legal Ethics & Professional Responsibility eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131059792","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"How to Comply with ABA Guideline 10.7(B)(2) and Why it Matters - Part 2 (Attachments)","authors":"R. Jade","doi":"10.2139/ssrn.1128952","DOIUrl":"https://doi.org/10.2139/ssrn.1128952","url":null,"abstract":"This is Part 2 of a training packet for capital defenders on Guideline 10.7(B)(2) of the American Bar Association's Guidelines for the Appointment and Performance of Defense Counsel in Capital Cases (2003). This packet includes the sample pleadings from Oregon cases and other public record documents referenced in Part 1.","PeriodicalId":318823,"journal":{"name":"Legal Ethics & Professional Responsibility eJournal","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125206109","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Deconstructing the Duty to the Tax System: Unfettering Zealous Advocacy on Behalf of Lesbian and Gay Taxpayers","authors":"Anthony C. Infanti","doi":"10.1017/CBO9780511609800.019","DOIUrl":"https://doi.org/10.1017/CBO9780511609800.019","url":null,"abstract":"In this article, I consider how the tax lawyer's generally-acknowledged duty to the tax system should be applied in the representation of lesbian and gay clients. Due to the significant initial advantages that taxpayers are thought to have over the government in the tax compliance and enforcement process, this duty to the tax system requires a tax lawyer to avoid both questionable positions and the temptation to play the audit ?lottery.? The tax lawyer is asked to temper the zealousness of her advocacy in this way in order to preserve the integrity and, ultimately, the proper functioning of the tax system. For lesbian and gay taxpayers, however, the realities of the tax compliance and enforcement process starkly contrast with the conventional picture. Lesbians and gay men are in the unique position of being the only group that is the object of both overt and covert invidious discrimination in the application of the tax laws. Thus, if a tax lawyer were to temper her advice to lesbian and gay clients in accordance with the conventional conceptualization of the duty to the tax system, she would risk compounding the effects of this discrimination and doing serious harm to her clients. The purpose of this article is to open the necessary ethical space for crafting an alternative view of the duty to the tax system - one that better suits the representation of lesbian and gay clients. The alternative view that I lay out descries a duty to the tax system that exists in harmony with, rather than opposition to, the duty of zealous advocacy. This alternative view allows a tax lawyer simultaneously to protect her lesbian and gay clients from harm and to discharge her obligation to safeguard the integrity of the tax system.","PeriodicalId":318823,"journal":{"name":"Legal Ethics & Professional Responsibility eJournal","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114883822","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Ethics and the Modern Professions: Autonomy, Social Institutions, and Potential Futures (Includes Syllabus)","authors":"David A. Bray, PhD","doi":"10.2139/SSRN.984601","DOIUrl":"https://doi.org/10.2139/SSRN.984601","url":null,"abstract":"Within modern society, we frequently rely on strangers for professional services. This course will examine the role of professionals and the professions in society. Specifically, this course will examine the role of ethics in maintaining autonomy of the professions as social institutions, as well as helping to ensure that we (as customers who rely on professional services) generally can place trust in professionals to do the right thing even when no one is watching - because often no one is.","PeriodicalId":318823,"journal":{"name":"Legal Ethics & Professional Responsibility eJournal","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131854772","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Looming Collapse of Restrictions on Judicial Campaign Speech","authors":"Nat Stern","doi":"10.2139/SSRN.967653","DOIUrl":"https://doi.org/10.2139/SSRN.967653","url":null,"abstract":"In Republican Party of Minnesota v. White, the Supreme Court in 2002 struck down Minnesota's ban on a judicial candidate's announc[ing] his or her views on disputed legal or political issues. Since then, the American Bar Association and many states have revised their codes of judicial conduct to comply with White's specific holding while seeking to retain other limitations on judicial campaign speech. Such efforts, however, ignore the broader implications of the Court's opinion in White. Both the logic of that opinion and the ideological inclinations of the current Court point to the likely invalidation of major portions of these campaign codes. Rather than squander resources on refining and enforcing a regime with such dim prospects, critics of judicial elections should focus on other means of improving the quality of the electoral process.","PeriodicalId":318823,"journal":{"name":"Legal Ethics & Professional Responsibility eJournal","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117221149","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Hip-Pocket Injuries in Workouts: Accessory Liability for Bankers and Advisers","authors":"R. Austin","doi":"10.2139/SSRN.946316","DOIUrl":"https://doi.org/10.2139/SSRN.946316","url":null,"abstract":"In this conference paper Justice Austin describes current Australian trends in corporate workouts, where a financier such as a bank wishes to assist a corporation in financial difficulty, without making use of any process of external administration. He identifies some legal pitfalls in informal workouts, including the law concerning de facto and shadow directorships (which may lead to liability for the financier under the law of insolvent trading), and the law of accessory and primary statutory liability for misleading conduct and non-disclosure. He analyses the Australian law, noting some parts of the current Australian definition of \"director\" that might increase the likelihood of liability for a financier, beyond the level of liability identified in the English case law.","PeriodicalId":318823,"journal":{"name":"Legal Ethics & Professional Responsibility eJournal","volume":"150 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122763326","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Justice for Sale? Campaign Contributions and Judicial Decision Making","authors":"Damon M. Cann","doi":"10.2139/ssrn.991364","DOIUrl":"https://doi.org/10.2139/ssrn.991364","url":null,"abstract":"While federal judges are selected by appointment, many state judges are selected through competitive elections. As state judicial campaigns become progressively more costly and political, judicial candidates have turned increasingly to lawyers and law firms as a source of campaign funds. Given that contributing lawyers frequently appear in court, it is natural to wonder whether judges are more likely to rule in favor of attorneys who offered financial support to their campaign. Looking at cases from the Supreme Court of Georgia's 2003 term, I show that campaign contributions are indeed correlated with judges' decisions. Further, using a two-stage probit least squares estimator to address questions of causality, I show that the campaign contributions directly affect judicial decision making.","PeriodicalId":318823,"journal":{"name":"Legal Ethics & Professional Responsibility eJournal","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-08-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130067689","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Mobilization Lawyering: Community Economic Development in the Figueroa Corridor","authors":"Scott L. Cummings","doi":"10.1515/9780804767965-016","DOIUrl":"https://doi.org/10.1515/9780804767965-016","url":null,"abstract":"The emergence of Community Economic Development (CED) as a distinct field of cause lawyering highlights the complexities of community mobilization in the post-regulatory state. Defined by a set of social policies and grassroots practices that promote neighborhood revitalization, CED is associated with a transactional model of cause lawyering focused on negotiating deals between community-based nonprofit organizations, public funders, and private investors. Whereas cause lawyers have traditionally sought to mobilize claims of legal rights to advance systemic reform, CED lawyers attempt to mobilize community participation to change local economic circumstances through the creation of innovative institutional structures. However, CED does not neatly remove barriers to mobilization; rather it presents a different set of opportunities and constraints. For instance, CED is not connected with broad-based social movements. Instead, it is parochial, seeking to preserve community boundaries and increase community control of resources. Moreover, while CED establishes legal mechanisms for ongoing community participation in local governance, it does so through the design of partnerships with government and business elites that create disincentives for political confrontation seeking reforms in state practice or increased resources from private sector institutions. For this reason, the modus operandi of CED practice is not one of protest and disruption. Nor is CED designed to challenge the existing rules of the game; rather, it seeks to build partnerships and distribute resources within the framework of the law as constituted. As a technique of institutional design that extends contractual relationships between the community, the market, and the state, CED therefore fosters a version of mobilization that tends to de-emphasize adversarial organizing in favor of collaboration with business and governmental partners. At the grassroots level, however, there are important recent examples of community mobilization within CED that depart from the collaborative model. In particular, the emergence of an \"accountable development\" movement in Los Angeles - where community-labor coalitions have pressured publicly subsidized developers into a series of agreements to provide benefits to low-income communities - has focused attention on more confrontational forms of collective action, flowing out of the traditions of community organizing and social movement activism. This essay uses the advent of accountable development to re-examine the relationship between cause lawyering and community mobilization. It begins by describing the emergence of CED as a nonadversarial cause lawyering model, situating it within the context of the reaction against the social movements and legal rights strategies of the 1960s and 1970s. Drawing upon insights from social movement theory, it then analyzes the constraints that collaborative CED can impose on collective action by low-income communitie","PeriodicalId":318823,"journal":{"name":"Legal Ethics & Professional Responsibility eJournal","volume":"82 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-03-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133491889","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}