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Broken Trust And Divided Loyalties: The Paradox Of Confidentiality In Corporate Representation
No full textShould a lawyer protect her client\u27s confidences when she knows that client is about to perpetrate a fraud that will cause substantial financial harm to third parties? For decades, the response of the organized bar has been a resounding yes. 1 Until August 2003, the American Bar Association\u27s (ABA\u27s) Model Rules of Professional Conduct (Model Rules) provided that a lawyer owes her client a duty of loyalty to preserve the client\u27s confidences, even if that client is about to commit a criminal fraud.2 The recent wave of corporate scandals that led to record-breaking bankruptcies and investor losses prompted the ABA to reconsider the issue. In August 2003, the House of Delegates adopted revisions to the Model Rules that permit (but do not require) disclosure of client confidences to prevent or mitigate the effects of a client crime or fraud on third parties in furtherance of which the lawyer\u27s services were used.\u2
The Policing Of Demonstrations In The Nation\u27s Capital: Legislative And Judicial Corrections Of A Police Department\u27s Misconception Of Mission And Failure Of Leadership
No full textJob Security And Bargaining Rights Of Federal Government Employees
No full textFrom the beginning of his administration, President George Walker Bush undertook to curtail employment rights, particularly those previously enjoyed by federal government workers. In the wake of the September 11th attacks, however, the Bush Administration was able to launch a full-scale attack on federal employment rights under the guise of national security. While the expansion of government power in the name of national security has come under substantial media and political scrutiny, much of this attention has focused on the threat posed to individual rights. Increased federal power under the USA PATRIOT Act\u27 and other measures2 ostensibly intended to enhance capacity to identify, apprehend, and prosecute terrorists has indeed impacted civil liberties.3 However, a diminished core of civil liberties is not the only casualty. The federal government has used September 11th as a pretext for dismantling labor rights and workers\u27 unions as well.
The Corporate Watch Dogs That Can\u27t Bark: How The New ABA Ethics Rules Protect Corporate Fraud
No full textUnderstanding Lawyers\u27 Ethics: Zealous Advocacy In A Time Of Uncertainty
No full textCan or should a lawyer representing an alleged terrorist ethically allow the government to tape her conversations with her client as a prerequisite to the representation? Can a public defender live up to the promise of Gideon v. Wainright1 when he is carrying 100 serious felony cases? Should a lawyer who divulges a client confidence to bring down a corrupt judge be sanctioned? What ethical obligations obtain for the lawyer representing the CEO of a thriving start-up when the CEO admits that by over-reporting profits he believes that he has turned the company around? These questions, some of the toughest lawyers face in the post-September 11th, post-Enron and post-Worldcom world, were addressed in a panel discussion at the legal ethics colloquium sponsored in 2003 by the University of the District of Columbia David A. Clarke School of Law (UDC-DCSL) Law Review (the UDC-DCSL Law Review)
The Chimera And The Cop: Local Enforcement Of Federal Immigration Law
No full textThe questions of if, when, and how local police can enforce federal immigration laws go to the heart of the legal hunt for the chimera that is contemporary American immigration law.1 In the opening years of this century, the estimated illegal alien population in the United States has reached historic levels. The national response to the attacks of September 11, 2001 transformed what had been largely a municipal conflict between ethnic organizations, the immigration bar, and local governments in high-immigration jurisdictions into a much larger national debate about national security, civil liberties, and federalism.z After the devastating attacks on the United States, the public demanded a wide-ranging response.
