Table of Contents

A Fair Fight: Professional Guidelines in International Arbitration

William W. Park, Boston University - School of Law

Professional Speech

Claudia E. Haupt, Columbia University - Law School

Systemic Lying

Julia Ann Simon-Kerr, University of Connecticut School of Law

ICT for Criminal Justice System in Nigeria and Ethical Considerations

Olubukola Olugasa, Babcock University - School of Law and Security Studies


LEGAL ETHICS & PROFESSIONAL RESPONSIBILITY eJOURNAL

"A Fair Fight: Professional Guidelines in International Arbitration" Free Download
Forthcoming, 30 Arbitration International 409 (2014)
Boston Univ. School of Law, Public Law Research Paper No. 14-53

WILLIAM W. PARK, Boston University - School of Law
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Depending on context and content, a regulatory framework can either help or hinder efforts to enhance aggregate social and economic welfare. Lively debate has arisen with respect to the net effects of two recent sets of directives for lawyer comportment in cross-border arbitration: the guidelines adopted by the International Bar Association and the new arbitration rules promulgated by the London Court of International Arbitration. Each instrument aims to promote a more level playing field on matters where legal cultures differ, such as document production and counsel independence. Each has caused thoughtful commentators to question the need and the merits of such standards. For now, suspense surrounds the prospect that either set of provisions will find favor in the international community. Only time will tell.

"Professional Speech" Free Download

CLAUDIA E. HAUPT, Columbia University - Law School
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Professionals speak in the course of exercising their profession. Yet, the State regulates the professions all the time. What is the permissible scope of regulation of the professions as distinct from regulation of professional speech? This Article provides a comprehensive account of the doctrinal and theoretical basis of professional speech and its application to controversial First Amendment questions.

First Amendment protection for professional speech rests on distinctive theoretical justifications and the key to understanding professional speech lies in understanding the character of the learned professions. This Article suggests that the professions be thought of as knowledge communities. Conceptualizing the professions as knowledge communities not only informs the justifications for First Amendment protection but also the limits of that protection, the permissibility of regulation of the professions, and the imposition and extent of tort liability for professional malpractice.

"Systemic Lying" Free Download
William & Mary Law Review, Forthcoming

JULIA ANN SIMON-KERR, University of Connecticut School of Law
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This Article offers the foundational account of systemic lying from a definitional and theoretical perspective. Systemic lying involves the cooperation of multiple actors in the legal system who lie or violate their oaths across cases for a consistent reason that is linked to their conception of justice. It becomes a functioning mechanism within the legal system and changes the operation of the law as written. By identifying systemic lying, this Article challenges the assumption that all lying in the legal system is the same. It argues that systemic lying poses a particular threat to the legal system. This means that we should know how to identify it and then try to address it once we see it happening. Accordingly, this Article presents a guide to identifying a set of symptoms that are the hallmarks of systemic lying and posits a unitary cause, although not a one-size-fits-all solution. Through a series of case studies, it shows that systemic lying emerges as a saving mechanism that mediates between culture and law. Rather than allow the law to take its course and deliver what would be perceived as unjust outcomes, participants lie and preserve the facade of a system that delivers results consonant with popular moral intuitions. Systemic lying is both persistent and powerful because it achieves a type of licitness that individual lies or underground deception lack. At the same time, it poses a unique threat to the legitimacy of the system by signifying that truth is not paramount in the courtroom.

"ICT for Criminal Justice System in Nigeria and Ethical Considerations" Free Download
CEPE 2013, Autónoma University, in Lisbon, Portugal

OLUBUKOLA OLUGASA, Babcock University - School of Law and Security Studies
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Recent trend shows courts in developed countries are fast embracing what Information and Communication Technology (ICT) to the criminal justice system (CJS) offer for efficient and effective justice system. This paper seeks to highlight the facilities offered by ICT in Nigeria to achieve an efficient, effective and prompt CJS and simultaneously discuss some ethical considerations needful while aspiring to adopt an ICT-driven CJS. There is no doubt the advantage(s) of adopting ICT facilities to serve as catalyst of justice dispensation. But while it is recognized as veritable tool for efficiency and effectiveness ICT in the justice system would require adequate regulation in order to prevent its abuse which may result in grave injustice. The paper having considered the advantages and highlighting the ethical issues will suggest some needful steps to mitigate its potentiality for abuse.

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Legal Ethics & Professional Responsibility eJournal

STEPHEN GILLERS
Vice Dean and Professor of Law, New York University School of Law

DAVID J. LUBAN
Georgetown University Law Center

RONALD DANIEL ROTUNDA
Doy & Dee Henley Chair and Distinguished Professor of Jurisprudence, Chapman University, The Dale E. Fowler School of Law

WILLIAM H. SIMON
Arthur Levitt Professor of Law, Columbia University - Law School, William W. and Gertrude H. Saunders Professor of Law, Stanford University - Stanford Law School

DAVID B. WILKINS
Harvard Law School - Program on the Legal Profession

CHARLES W. WOLFRAM
Charles Frank Reavis Sr. Professor Emeritus, Cornell Law School