Showing posts with label WANT. Show all posts
Showing posts with label WANT. Show all posts

Tuesday, October 21, 2014

Recommended Reading

Part of the Bibliography in the next filing - this about 50% of the documents studied for the information presented on this site.

BIBLIOGRAPHY

The following journal articles, documents and collateral information are presented as reference resources which have contributed to the review, study and presentation within this document.

The documents include demonstrations of the intentional carelessness and deception, and also the tactics of disinformation which conceal their actions from within and without.

( FYI, this is the difference between following the scripts into corruption... and understanding the law... and recognizing the perversion which undermined the judiciary. )

JUSTICE IS COMING.

If you want to do something evil, do it inside something boring... INDEED.


PROFESSIONAL SECRECY AND ITS EXCEPTIONS: Spaulding V. Zimmerman Revisited
Roger C. Cramton and Lori P. Knowles, 83 Minn. L. Rev. 63 (1998)
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PROFESSIONAL RESPONSIBILITY OF THE CRIMINAL DEFENSE LAWYER: The Three Hardest Questions
Monroe H. Freedman, 64 Mich. L. Rev. 1469 (1966)
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WHAT WE TALKED ABOUT WHEN WE TALKED ABOUT ETHICS: A Critical View of the Model Rules
Stephen Gillers, , 46 Ohio St. L.J. 243 (1985)
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RECTIFICATION OF CLIENT FRAUD: Death and Revival of a Professional Norm
Geoffrey C. Hazard, Jr., 33 Emory L.J. 271 (1984)
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ON LEARNING OF A CORPORATE CLIENT'S CRIME OR FRAUD
Junious Hoffman, 3 Bus. Law. 1389 (1978)
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THE LAW BETWEEN THE BAR AND THE STATE
Susan P. Koniak, 70 N.C.L. Rev. 1389 (1992)
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THE CENTRAL MORAL TRADITION OF LAWYERING
Robert P. Lawry, 19 Hofstra L. Rev. 311 (1990)
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CONFIDENTIALITY AND THE DANGEROUS PATIENT: Implications of Tarasoff for Psychiatrists and Lawyers
Vanessa Merton, 31 Emory L. Rev. 263 (1982)
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THE LAWYER’S ALLEGIANCE: Priorities Regarding Confidentiality
R.W. Nahstoll, 41 Wash. & Lee L. Rev. 421 (1984)
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THE FUTURE CRIME OR TORT EXCEPTION TO COMMUNICATION PRIVILEGES
Harvard Note, 77 Harv. L. Rev. 730 (1964)
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THE NOTICE OF WITHDRAWAL AND THE NEW MODEL RULES OF PROFESSIONAL CONDUCT: Blowing the Whistle and Waving the Red Flag
Ronald R. Rotunda, 63 Ore. L. Rev. 455 (1984)
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PROFESSIONALISM AS BAR POLITICS: The Making of the Rules of Professional Conduct
Ted Schneyer, 14 Law & Social Inquiry 677 (1989)
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THE LAWYER AS SUPEREGO: Disclosure of Client Confidences to Prevent Harm
Harry I. Subin, 70 Iowa L. Rev. 1091 (1985)
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CLIENT CONFIDENCE AND THE RULES OF PROFESSIONAL RESPONSIBILITY: Too Little Consensus and Too Much Confusion
Harris Weinstein, 35 S. Texas L .Rev. 727 (1994)
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REVISING THE ETHICAL RULES OF ATTORNEY-CLIENT CONFIDENTIALITY: Towards a New Discretionary Rule
Limor Zer-Gutman, 45 Loyola L. Rev. 669, 681 (1999)
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SCHAFER'S DILEMMA: Client Confidentiality vs. Judicial Integrity -- A Very Different Proposal for the Revision of Model Rule 1.6
LaRue T. Hosmer and Daniel C. Powell, 49 Loyola L. Rev. 405-469 (2003)
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THE GEORGETOWN PROPOSALS
Harvey J. Pitt, 36 Bus. Law. 1831 (1981).
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THE KAYE SCHOLER AFFAIR: The Lawyer’s Duty of Candor and the Bar’s Temptations of Evasion and Apology
William L. Simon, 23 Law & Soc. Inquiry 243 (Spring, 1998)
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RETHINKING CONFIDENTIALITY II: Is Confidentiality Constitutional?
Fred C. Zacharias, 75 Iowa L. Rev 601 (March. 1990)
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RETHINKING CONFIDENTIALITY
Fred C. Zacharias, 74 Iowa L. Rev. 351 (January 1989)
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WASHINGTON STATE BAR ASSOCIATION: INTERIM FORMAL ETHICS OPINION Re: The Effect of the SEC's Sarbanes-Oxley Regulations on Washington Attorneys' Obligations Under the RPCs
Approved by Board of Governors July 26, 2003
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THE CONCEPT OF A RESTATEMENT OF THE LAW GOVERNING LAWYERS
Charles W. Wolfram, 1 Geo. J. Legal Ethics 199 1987-1`988
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PENNSYLVANIA LEGISLATOR'S MUNICIPAL DESKBOOK, Third Edition (2006)
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WORLD JUSTICE PROJECT INDEX REPORT 2012
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U.S. 7TH CIRCUIT COURT OF APPEALS REPORTS
IN RE A WITNESS, 288 F. 3d 289 (7th Cir. 2002)
Decided April 23, 2002
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WISCONSIN RULES OF PROFESSIONAL CONDUCT FOR ATTORNEYS
November 14, 2001
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WHOSE RULES OF PROFESSIONAL CONDUCT SHOULD GOVERN LAWYERS IN FEDERAL COURT AND HOW SHOULD THE RULES BE CREATED
Bruce A. Green, 64 Geo. Wash L. Rev. 460 (1995-1996)
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WHO ARE CENTRAL LEGAL STAFF – On the Effective Use Of Resources in Pennsylvania
Stephen J. McEwen, Jr – Court Review 1998
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WHEN CANARIES WON;T SING: The Failure of the Attorney Self-Reporting System in the “Cash For Kids” Scheme
Sarah L. Primrose, 36 J. Legal Prof. 139 (2011)
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WATCHING THE HENHOUSE: Judicial Rulemaking and Judicial Review
Carrie Leonetti, 91 Neb. L. Rev (2013)
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WASHINGTON STATE RULES OF PROFESSIONAL CONDUCT
Adopted July 10, 2006 - Effective September 1, 2006
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WANT TO TAKE MY HOME? A Tale of David, the Homeowner, versus Goliath, the Bank
Eastburn & Gray, P.C. (2012)
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MAKING LAWYERS RESPONSIBLE FOR THE TRUTH: The Influence of Marvin Frankel’s Proposal for Reforming the Adversary System
Daniel Walfish, J.D. 2004 Yale Law School
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IN THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, United States of America v. John Doe PRECEDENTIAL, October 25, 2005
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TWENTY­FIVE WAYS TO SUPPRESS TRUTH: The Rules of Disinformation (Includes The 8 Traits of A Disinformationalist)
H. Michael Sweeney (2000) www.proparanoid.com
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Truth in Lawyering Act (“TILA”) - (Washington State) December 18, 2001
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THE VARYING PARAMETERS OF OBSTRUCTION OF JUSTICE IN AMERICAN CRIMINAL LAW
John F. Decker, 65 La. L. Rev. (2004)
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THE SEPARATE BUT UNEQUAL CONSTITUTION
Adam Lamparello and Charles MacLean, January 2014
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THE NEXT STEP IN LEGAL ETHICS: Some Observations About the Proposed Model Rules of Professional Conduct
Robert J. Kutak, 30 Cath. U. L. Rev. 1 (1981)
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THE KUTAK MODEL RULES V. THE AMERICAN LAWYER'S CODE OF CONDUCT
Monroe H. Freedman, 26 Vill. L. Rev. 1165 (1981)
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THE CLIENT-FRAUD DILEMMA: A NEED FOR CONSENSUS
Kenneth F. Krach, 46 Md. L. Rev. 436 (1987)
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COMPARATIVE ATTRIBUTES OF LEGAL STAFF IN INTERMEDIATE APPELLATE COURTS
Council of Chief Judges of the State Courts of Appeal, (April 2011)
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THE LEGALITY OF STATE PROTECTIONIST LAWS AGAINST LEGAL PROCESS OUTSOURCING
Anne J. Lee, J. ON TELECOMM. & HIGH TECH. L Vol. 11 (2013)
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".... IN THE SPIRIT OF PUBLIC SERVICE:" A Blueprint for the Rekindling of Lawyer Professionalism
American Bar Association , Commission on Professionalism, 1986
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OVERSTEPPING ETHICAL BOUNDARIES? LIMITATIONS ON STATE EFFORTS TO PROVIDE
ACCESS TO JUSTICE IN FAMILY COURTS
Jessica Dixon Weaver, 82 F ORDHAM L. R EV . 2563 (2014).
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VALID RULE DUE PROCESS CHALLENGES: BOND v.
UNITED STATES AND ERIE’S CONSTITUTIONAL SOURCE
Kermit Roosevelt, III,, WILLIAM & MARY LAW REVIEW Vol. 54:987
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DISQUALIFYING JUDGES WHEN THEIR IMPARTIALITY MIGHT REASONABLY BE
QUESTIONED : MOVING BEYOND A FAILED STANDARD
Raymond J. McKoski, ARIZONA LAW REVIEW VOL. 56:411 (2014)
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IS CONFIDENTIALITY REALLY FOREVER---EVEN IF THE CLIENT DIES OR CEASES TO EXIST?
By Anne Klinefelter and Marc C. Laredo, Volume 40, No. 3 Litigation 47-51 (Spring, 2014)
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AGAINST CONFIDENTIALITY
Dru Stevenson ? 2014
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THINNING OUT STRUCTURAL THEORY
Garrick B. Pursley, (2014)
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THE PARADOX OF ADMINISTRATIVE PREEMPTION
David S. Rubenstein, (2014)
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DETERMINING THE PREEMPTIVE EFFECT OF FEDERAL LAW ON STATE STATUTES OF REPOSE
Adam Bain, University of Baltimore Law Review Vol. 43
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THE SUPREME COURT ’ S JURISDICTIONAL INFIDELITY
John David Ohlendorf , July 11, 2013
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HIDING BEHIND THE CLOAK OF INVISIBILITY : THE SUPREME COURT AND PER CURIAM OPINIONS
Ira P. Robbins, TULANE LAW REVIEW Vol. 86:1197 (2012)
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THE RESTATEMENT (THIRD) OF THE LAW GOVERNING LAWYERS AND THE COURTS
1997 Symposium, The Professional Lawyer
Susan Martyn, (1997)
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HOW MUCH JUSTICE CAN WE AFFORD?: DEFINING THE COURTS’ ROLES AND DECIDING THE APPROPRIATE NUMBER OF TRIALS, SETTLEMENT SIGNALS, AND OTHER ELEMENTS NEEDED TO ADMINISTER JUSTICE
John Lande, JOURNAL OF DISPUTE RESOLUTION Vol. 2006
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SEDITIOUS CONSPIRACY, THE SMITH ACT, AND PROSECUTION FOR RELIGIOUS SPEECH ADVOCATING THE VIOLENT OVERTHROW OF GOVERNMENT
John Alan Cohan, Journal of Civil Rights and Economic Development: Vol. 17: Iss. 2, Article 2. (2003)
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SPECULUM JURIS VOLUME 25 PART 2 2011
Nelson Mandela School of Law, Faculty of Law Rhodes University (2011)
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VITAE REPUBLICAE – THE LIFE OF THE REPUBLIC – SHERIFF'S
Carson J. Tucker
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REVIVING A TRADITION OF SERVICE:
REDEFINING LAWYER PROFESSIONALISM IN THE 21 ST CENTURY
Ronald C. Minkoff, ABA Standing Committee on Professionalism. (2010)
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RESTORING CONSTITUTIONAL EQUILIBRIUM
Adam Lamparello, October 2014
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RECTIFICATION OF CLIENT FRAUD
Marcia A. Johnson, Director - Minnesota Office of Lawyers Professional Responsibility
Bench & Bar of Minnesota (April 1993)
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SECTION 1983 LITIGATION
Martin A. Schwartz and Kathryn R. Urbonya, Federal Judicial Center 2008
RULES VERSUS STANDARDS: An Economic Analysis
Louis Kaplow, DUKE LAW JOURNAL Vol. 42:557
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KUTAK COMMISSION
Robert Kutak, 1977 – 1983
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“LAWYER AS PUBLIC CITIZEN” – A Futile Attempt to Close Pandora’s Box
Matthew E. Meany, 35 Campbell L. Rev. 119 (2012)
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STANDING OF INTERVENOR - Defendants in Public Law Litigation
Matthew I. Hall, 80 Fordham L. Rev. 1539 (2012).
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THE RULE OF LAW AS A LAW OF STANDARDS
JAMAL GREENE, 56 U. C HI . L. R EV . 1175, 1175 (1989)
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HOW LAWYERS ACT IN THE INTERESTS OF JUSTICE
Monroe H. Freedman, 70 Fordham L. Rev. 1717 (2002)
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THE FINE PRINT, VOL. 1, NO. 3
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Students of the University of Georgia School of Law, Other Law School Publications. Paper 304 (1982)
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ATTORNEY PAPERS, HISTORY AND CONFIDENTIALITY: A Proposed Amendment to Model Rule 1.6
Patrick Shilling, 69 Fordham L. Rev. 2741 (2001)
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RULES AGAINST RULIFICATION
Michael Coenen, (2013)
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CONFLICT AND TRUST BETWEEN ATTORNEY AND CLIENT
Robert A. Burt, Faculty Scholarship Series. Paper 796. (1981)
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LEGAL ETHICS: Discretion and Utility in Model Rule 1.6
Charles A. Kelbley, Fordham Urban Law Review Vol XIII (1984)
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CONSTITUTIONAL LITIGATION UNDER SECTION 1983 AND THE BIVENS DOCTRINE IN THE OCTOBER 2008 TERM
Martin A. Schwartz, Touro Law Review: Vol. 26: No. 2, Article 9 (2012)
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RULE 201. JUDICIAL NOTICE OF ADJUDICATIVE FACTS.
PA Code Article II Rule 201
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THE CONSTITUTION of the UNITED STATES OF AMERICA : ANALYSIS AND INTERPRETATION
112th Congress, (2013)
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FEDERAL USURPATION
FRANKLIN PIERCE , Family Guardian Fellowship (1908)
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OBSTRUCTION OF JUSTICE: An Overview of Some of the Federal Statutes That Prohibit Interference with Judicial, Executive, or Legislative Activities
Charles Doyle, Congressional Research Service 7-5700 (2014)
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JUDICIAL SUPREMACY AND NONJUDICIAL INTERPRETATION OF THE CONSTITUTIONAL
Scott E. Gant, Hastings Constitutional Law Quarterly Vol.24:359 (1997)
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HIDING BEHIND THE CLOAK OF INVISIBILITY : The Supreme Court And Per Curiam Opinions
Ira P. Robbins (2012)
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TOWARD A HISTORY OF THE LEGALIZATION OF AMERICAN LEGAL ETHICS – II The Modern Era
Charles W. Wolfram, 8 U. Chi. L. Sch. Roundtable 469 (2001)
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WHY KENTUCKY SHOULD ADOPT THE ABA'S MODEL RULES OF PROFESSIONAL CONDUCT
Eugene R. Gaetke, 74 Ky. L.J. 581 (1986)
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QUALIFICATIONS OF MONROE H. FREEDMAN AS AN EXPERT WITNESS ON LAWYERS ’ AND JUDGES ’ ETHICS
Monroe H. Freedman, Qualifications 2014
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HUMAN RIGHTS AND THE MODEL RULES OF PROFESSIONAL CONDUCT: Intersection And Integration
Martha F. Davis, School of Law Faculty Publications. Paper 162. (2010)
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HUMAN RIGHTS AND THE MODEL RULES OF PROFESSIONAL CONDUCT: Intersection And Integration
Martha F. Davis, COLUMBIA HUMAN RIGHTS LAW REVIEW 42:157 (2011)
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GIVING NEW MEANING TO “JUSTICE FOR ALL”: CRAFTING AN EXCEPTION TO ABSOLUTE JUDICIAL IMMUNITY
Brittney Kern , 2014 M ICH . S T . L. R EV . 149
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LAWYER-CLIENT CONFIDENCES: The Model Rules' Radical Assault on Tradition
Monroe H. Freedman, 68 American Bar Association Journal 428
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A CASE FOR INCREASED DISCLOSURE
Deborah Abramovsky, Fordham Urban Law Review Vol XIII (1984)
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AGAINST CONFIDENTIALITY
Dru Stevenson , Abstract (2014)
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THE SUPREME COURT AS A LEGISLATURE
Geoffrey C. Hazard Jr, Faculty Scholarship Series. Paper 2407
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HOW FAR MAY A LAWYER GO IN ASSISTING A CLIENT IN LEGALLY WRONGFUL CONDUCT?
Geoffrey C. Hazard Jr., Faculty Scholarship Series. Paper 2402. (1981)
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REVISITING THE SECOND RESTATEMENT OF JUDGMENTS: Issue Preclusion and Related Problems
Geoffrey C. Hazard Jr., Faculty Scholarship Series. Paper 2404.
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RECTIFICATION OF CLIENT FRAUD: Death and Revival of a Professional Norm
Geoffrey C. Hazard Jr., Faculty Scholarship Series. Paper 2396. (1984)
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PRECLUSION AS TO ISSUES OF LAW: The Legal System's Interest
Geoffrey C. Hazard Jr., Faculty Scholarship Series. Paper 2397. (1984)
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RISING ABOVE PRINCIPLE
Geoffrey C. Hazard Jr., Faculty Scholarship Series. Paper 2393. (1986)
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A LAWYER'S PRIVILEGE AGAINST SELF-INCRIMINATION IN PROFESSIONAL DISCIPLINARY PROCEEDINGS
Geoffrey C. Hazard Jr., Faculty Scholarship Series. Paper 2392. (1987)
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PROFESSIONALISM: The Deep Theory
Daniel R. Coquillette, North Carolina Law Review 72, (1994): 1271-1278. (1994)
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IN PRAISE OF OVERZEALOUS REPRESENTATION- Lying to Judges, Deceiving Third Parties, and Other Ethical Conduct
Monroe H. Freedman, (3 rd ed., 2004) (with Abbe Smith)
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FOUR PORTRAITS OF LAW PRACTICE
Geoffrey C. Hazard Jr., Faculty Scholarship Series. Paper 2386.
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THE FUTURE OF LEGAL ETHICS
Geoffrey C. Hazard Jr., Faculty Scholarship Series. Paper 2380.
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THE CLIENT FRAUD PROBLEM: A Justinian Quartet
Geoffrey C. Hazard Jr., Faculty Scholarship Series. Paper 2370.
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STATE SUPREME COURT REGULATION OF PROFESSIONAL ETHICS
Geoffrey C. Hazard Jr., Faculty Scholarship Series. Paper 2365.
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IT’S NOT OVER: Empowering the Different Voice in Legal Academia
Elvia R. Arriola, 29 Berkeley J. Gender L. & Just. (2014).
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Tuesday, September 2, 2014

Cease & Desist - ABA undermines US Constitution

The Cease And Desist letter sent to the ABA is not a joke or prank or goof.

Once the Model Rules of Professional Conduct were enacted into law by a state supreme court, your constitutional rights were no longer available to you. You would not know this until you discovered they were unavailable... IGNORED... HUH? No lawyer or judge could help you. Friends would think you turned into a radical or went crazy. Unaffected people would not believe it could happen.

Everyone has Constitutional Rights up until they don't. And then, there's nothing you can do about it. No where to turn. No politicians to help. The lawyers are mandated to ignore you. The non-lawyers ask their lawyers what it's all about... and are misinformed into ignoring you.

Deliberately rolled out from 1984 through 2009. (ABA Site)

IF YOU WANT TO DO SOMETHING EVIL... DO IT INSIDE SOMETHING BORING.
One Law - Rule 1.6 referred to by cross reference in comments throughout the Model Rules of Professional Conduct. Laws which applied only to lawyers but could leave a litigant without their constitutional rights. The mandate for Confidentiality of Information IS the needle in a haystack of injustice and corruption nationwide.

The question remains... What motivated each state supreme court to do this?
Why make a change where the only actual effect is
- to prevent the ability to prosecute a judge for judicial corruption and injustice
AND
- to deny and prevent constitutional rights to litigants who were victims of judicial corruption and injustice in the court.

No Legislature. No Governor.
No Reason to make the change from code to LAW. Except, the Silence of the lawyers was no longer discretionary. It was a lawful mandate. An aggressively enforced MANDATE of silence.

The lawful mandate was unconstitutional to the victim denied and prevented from any explanation for the injustice.

The victim is left without any recourse. The local state Rules are used in Federal District and Appeals courts.

The ABA has undermined the US Constitution.... and concealed it for years while their members were paid to perform a task which they were prevented by law from ever accomplishing.

The Judiciary in whom the public placed their trust and granted judicial immunity has allowed their independence to be undermined and their integrity to be sacrificed and their authority to be silenced.

State Adoption of the ABA Model Rules of Professional Conduct
(previously the Model Code of Professional Responsibility)
Dates of initial adoption
JurisdictionDate of Adoption
Alabama5/2/90
Alaska4/14/93
Arizona9/7/84
Arkansas12/16/85
Colorado5/7/92
Connecticut6/23/86
Delaware9/12/85
District of Columbia3/1/90
Florida7/17/86
Georgia6/12/00
Hawaii12/6/93
Idaho9/3/86
Illinois2/8/90
Indiana11/25/86
Iowa4/20/05
Kansas1/29/88
Kentucky6/12/89
Louisiana12/18/86
Maine2/26/09
Maryland4/15/86
Massachusetts6/9/97
Michigan3/11/88
Minnesota6/13/85
Mississippi2/18/87
Missouri8/7/85
Montana6/6/85
Nebraska6/8/05
Nevada1/26/86
New Hampshire1/16/86
New Jersey7/12/84
New Mexico6/26/86
New York12/16/08
North Carolina10/7/85
North Dakota5/6/87
Ohio8/1/06
Oklahoma3/10/88
Oregon1/1/05
Pennsylvania10/16/87
Rhode Island11/1/88
South Carolina1/9/90
South Dakota12/15/87
Tennessee8/27/02
Texas6/20/89
Utah3/20/87
Vermont3/9/99
Virgin Islands1/28/91
Virginia1/25/99
Washington7/25/85
West Virginia6/30/88
Wisconsin6/10/87
Wyoming11/7/86

Monday, August 5, 2013

For Openers...

TERANCE HEALY and TODD M. KRAUTHEIM in the name of THE UNITED STATES file this pleading against KATHLEEN KANE, Pennsylvania Attorney General and the ATTORNEYS GENERAL OF THE UNITED STATES challenging the constitutionality of Rule 1.6 Confidentiality of Information of the Rules of Professional Conduct.

Plaintiffs seek to restore the constitutional rights of Pro Se litigants while restoring the integrity and reputation of the judiciary and the legal profession and deliver to the legislature the ability to perform the duties of their position to responsibly manage the law.

Plaintiffs additionally offer that they are in the extremely unique position to be acting lawfully with proper standing while having a valid causes for relief in the proper forum for the rule to be addressed.

Yes, we've got standing AND a cause for relief AND a venue.
Evidence in Family Court, Civil Court and Criminal Court.

American Bar Association...
I AM COMING. I WANT MY CONSTITUTIONAL RIGHTS.
I WANT THEM NOW.