An Introduction to the European Community\u27s Legal Ethics Code - Part I: An Analysis of the CCBE Code of Conduct

This article, which is Part 1 of two articles, examines the CCBE Code of Conduct. CCBE is the acronym used to describe the Council of the Bars and Law Societies of the European Community; the CCBE has been recognized as the official representative of the legal profession with the European Community. In 1988, the CCBE adopted a code of conduct that was intended to apply to situations in which lawyers from one CCBE Member of Observer State were involved with lawyers from another CCBE State. This article summarizes the development of the CCBE Code of Conduct, explains who it applies to, and analyzes its substantive provisions. The second part of this article offers a thesis about why the CCBE Code differs in some, but not all, respects from the ABA Model Rules of Professional Conduct. The article suggests that these differences may be a function of different ways of looking at the role of the lawyer. The CCBE Code of Conduct and the CCBE Explanatory Memorandum are included as Appendices to this article. Part 2 in this series is An Introduction to the European Community\u27s Legal Ethics Code Part II: Applying the CCBE Code of Conduct, 7 Georgetown J. of Legal Ethics 345 (1993). It discusses the application of the CCBE Code, including its treatment of double deontology issues. Part 2 also addresses the implementation of the CCBE Code of Conduct, with a special focus on its implementation in Austria

An Introduction to the European Community\u27s Legal Ethics Code - Part II: Applying the CCBE Code of Conduct

This article, which is Part 2 in a series, examines the CCBE Code of Conduct and continues where the prior article left off. See An Introduction to the European Community\u27s Legal Ethics Code Part I: An Analysis of the CCBE Code of Conduct, 7 Georgetown J. of Legal Ethics 1 (1993). CCBE is the acronym used to describe the Council of the Bars and Law Societies of the European Community; the CCBE has been recognized as the official representative of the legal profession with the European Community. In 1988, the CCBE adopted a code of conduct that was intended to apply to situations in which lawyers from one CCBE Member of Observer State were involved with lawyers from another CCBE State. The prior article summarized the development of the CCBE Code of Conduct, analyzed its substantive provisions, and offered a thesis about differences between the CCBE Code of Conduct and the ABA Model Rules of Professional Conduct. This article continues by analyzing the situations in which the CCBE Code of Conduct applies, including an analysis of the CCBE Code\u27s response to the double deontology situation in which a lawyer might be subject to more than one set of conduct rules. This double deontology analysis focuses on substantive EU law, particularly the EU Lawyers\u27 Services Directive (77/249). The second part of this article addresses the implementation of the CCBE Code of Conduct, including its application in lawyer discipline cases. The article concludes by focusing on the implementation of the CCBE Code in one country - Austria

Assessing the European Market for Legal Services: Developments in the Free Movement of Lawyers in the European Union

This Article focuses on recent developments in European multi-jurisdictional practice rights that have major implications for the control of entry to the legal professions and some of the related deontological rules that govern access to professional legal life across the European Union ( EU ) and the European Economic Area ( EEA ). Additionally, it looks at their impact on rules regulating the competence of lawyers and admission to the legal professions, primarily in Europe, but with some reference to the position in the United States as well

The State\u27s Role in the Regulation and Provision of Legal Services in South Africa and the United States: Supporting, Nudging, or Interfering?

An independent legal profession is said to be “the bulwark of a free and democratic society.” It is also said that a high measure of independence of mind and action by legal actors is necessary for the maintenance of the rule of law. However, too often, there is the allegation (within the sociological literature in particular) that the legal profession has used the concepts of independence and the rule of law as a shield or cuirass rather than as a sword. The image of lawyers representing unpopular clients fearlessly and advocating on behalf of unpopular causes, so as to uphold legal rights, is replaced with images of lawyers using these self-same concepts to preserve the status quo, favor those with high social status and pursue self-regulation for self-interest rather than for any so-called public interest. It is against this contested terrain that this Article looks at, from a comparative perspective, regulatory efforts in both the United States and South Africa in untraditional and controversial ways to address what these countries perceive as societal failings

Canines in the Classroom Revisited: Recent Developments Relating to Students\u27 Utilization of Service Animals at Primary and Secondary Educational Institutions

In April 2010 the author presented an article on the topic of the use of service animals by juveniles in a specific environment — primary and secondary educational institutions at the Mid-Atlantic Regional Animal Law Symposium. Since that time there have been important legislative and case law developments in this field. This Article focuses on those recent developments. After setting forth a basic overview of the issue, the Article analyzes the amendments to the regulations of the Americans with Disabilities Act (“ADA”) relating to service animals that became effective in March 2011. The Article then considers recent case law and other indications of how agencies of the federal government interpret the issue. The Article continues by examining state laws enacted to allow for a right for students with disabilities to be accompanied by service animals in schools. The Article concludes by providing guidance for student advocates and school administrators dealing with this issue

Networks of silicon nanowires: a large-scale atomistic electronic structure analysis

Networks of silicon nanowires possess intriguing electronic properties surpassing the predictions based on quantum confinement of individual nanowires. Employing large-scale atomistic pseudopotential computations, as yet unexplored branched nanostructures are investigated in the subsystem level, as well as in full assembly. The end product is a simple but versatile expression for the bandgap and band edge alignments of multiply-crossing Si nanowires for various diameters, number of crossings, and wire orientations. Further progress along this line can potentially topple the bottom-up approach for Si nanowire networks to a top-down design by starting with functionality and leading to an enabling structure.Comment: Published version, 5+2 pages (including supplementary material