Faculty Bibliography
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The article offers information about Benjamin N. Cardozo, former Associate Justice of the Supreme Court of the U.S., who is known for his opinions about torts and contracts. Topics discussed include different aspect of his jurisprudence along with his opinions on the practice of law; and his opinions in which he had the opportunity to evaluate the conduct of lawyers within the practice of law; and his professional career.
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The longest running professional responsibility book on the market, Problems in Professional Responsibility for a Changing Profession has been thoroughly updated by its current and two new authors. It has retained its original problem-oriented focus on practical issues faced by lawyers in everyday practice, current issues faced by the profession, and its unique section examining the demographics, structure, and organization of the legal profession. The need of our profession to take account of our changing world is apparent in every chapter of the new edition.
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Kaufman and Wilkins mark the 20th anniversary of Problems in Professional Responsibility for a Changing Profession with a new 5th edition. Their new edition covers judicial, legislative, and executive developments in the traditional fields of conflicting interests and confidentiality, specialty fields of corporate and government representation as well as representation of those with impaired capacity. It also deals with the problems created by the increasing nationalization and internationalization of law practice, including the basic problem of trying to determine whose professional responsibility law governs the activity of lawyers when they engage in activity beyond their home jurisdictions. Various efforts to reform the profession here and abroad to meet the legal needs of clients and would-be clients are also presented. The authors have added substantial new material dealing with the demographics and institutions of law practice and their effect on professional identity.
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This commentary considers what lawyers should do when confidential information from their minor clients indicates that the minor's instructions either present a substantial risk of harm to the minor or are irrational. The commentary then asks readers to decide whether and how their personal resolution should be generalized into the law of professional responsibility. The author compares current Ontario and Massachusetts law with a new Massachusetts proposal. The author strongly criticizes the proposal as violating the tenuous compromise between "client-directed" and "best- interests" or "substituted judgment" theories that appear to govern in both jurisdictions in favour of a rule that would direct lawyers to follow client instructions in most cases, no matter how harmful to the minor client.
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A review of Archibald Cox: Conscience of a Nation, a biography about the public career of Archibald Cox, written by Ken Gormley.
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Benjamin Nathan Cardozo, unarguably one of the most outstanding judges of the twentieth century, is a man whose name remains prominent and whose contributions to the law remain relevant. This first complete biography of the longtime member and chief judge of the New York Court of Appeals and Justice of the Supreme Court of the United States during the turbulent years of the New Deal is a monumental achievement by a distinguished interpreter of constitutional law. Cardozo was a progressive judge who understood and defended the proposition that judge-made law must be adapted to modern conditions. He also preached and practiced the doctrine that respect for precedent, history, and all branches of government limited what a judge could and should do. Thus, he did not modernize law at every opportunity. In this book, Andrew Kaufman interweaves the personal and professional lives of this remarkable man to yield a multidimensional whole. Cardozo’s family ties to the Jewish community were a particularly significant factor in shaping his life, as was his father’s scandalous career—and ultimate disgrace—as a lawyer and judge. Kaufman concentrates, however, on Cardozo’s own distinguished career, including twenty-three years in private practice as a tough-minded and skillful lawyer and his classic lectures and writings on the judicial process. From this biography emerges an estimable figure holding to concepts of duty and responsibility, but a person not without frailties and prejudice.
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Judicial ethics is a topic of increasing interest to the public, the bar, and the judiciary; only recently has the body of substantive law regarding judicial behavior begun to take shape. This essay explores the less developed issues of exparte communication by judges, activities of judges' spouses, the obligation of judges to report attorney disciplinary violations, and extrajudicial comments by judges about legal matters. The Author analyzes the positions on these issues of the ABA Code of Judicial Conduct, the Judicial Conference of the United States' Code of Conduct for United States Judges, and the Discussion Draft of Draft Revisions to the ABA Code of Judicial Conduct, and offers his own view of the appropriate standards for each.
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Article adapted from an oral presentation at a colloquium on Sept. 4, 1986 at the 350th anniversary of Harvard University, regarding the difference between the way legal scholarship and academia address the common-law approach to constitutional law, versus the practice of judges.
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This comment was prepared for delivery in oral form on January 5, 1986, at the special session of the Association of American Law School's annual meeting held to honor Professor Pepper's prize-winning essay entitled "The Lawyer's Amoral Ethical Role."
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A review of The Moral Foundations of Professional Ethics, written by Alan H. Goldman, analyzing from an ethical perspective, whether special rules are necessary for the legal profession.