Engaged Client-Centered Representation and the Moral Foundations of the Lawyer-Client Relationship

The field of legal ethics, as we know it today, has grown out of thoughtful, systematic grounding of lawyers’ duties in a comprehensive understanding of lawyers’ roles and the situating of lawyers’ roles in underlying theories of law, morality, and justice. Unfortunately, in the process, the field of theoretical legal ethics has mostly lost track of the thing that Freedman insisted was at the heart of a lawyers’ role: the integrity of the lawyer-client relationship. As I will discuss, the field of theoretical legal ethics has developed in ways that are deeply lawyer-centered rather than fundamentally client-centered. I am going to speak about how that happened. I am also going to share some of my ideas about what it would mean to ground a fundamentally client-centered conception of lawyers’ duties to represent a client zealously within the bounds of the law in moral, political, and jurisprudential theory

The Promise of Client-Centered Professional Norms

In this year’s Saltman Lecture, Jennifer Gerarda Brown and Liana G.T. Wolf argue that restorative justice models have much to offer a broken attorney disciplinary system. While their specific proposals are problematic for reasons discussed more fully in this article, there is considerable merit to the authors’ larger point that the lawyer disciplinary system could benefit from incorporating a greater level of client participation. The authors point to a number of the benefits of a more client-participatory attorney disciplinary system, including the opportunity for lawyers to better appreciate the consequences of their misconduct, the opportunity to focus on repairing the harm done to clients, and the opportunity to restore the public’s faith in the fairness and legitimacy of the legal system. This Comment focuses primarily on an additional benefit that might flow from more client-participatory attorney disciplinary proceedings: by opening the disciplinary process to the perspectives of clients, the legal profession gets the opportunity to evolve more client-centered norms of professional conduct

The Jurisprudential Turn in Legal Ethics

When legal ethics developed as an academic discipline in the mid-1970s, its theoretical roots were in moral philosophy. The early theorists in legal ethics were moral philosophers by training, and they explored legal ethics as a branch of moral philosophy. From the vantage point of moral philosophy, lawyers’ professional duties comprised a system of moral duties that governed lawyers in their professional lives, a “role-morality” for lawyers that competed with ordinary moral duties. In defining this “role-morality,” the moral philosophers accepted the premise that “good lawyers” are professionally obligated to pursue the interests of their clients all the way to the arguable limits of the law, even when doing so would harm third persons or undermine the public good. More recent scholarship in legal ethics has rejected the moral philosophers’ premise that lawyers’ ethical duties demand instrumentalist partisan interpretation of the “bounds of the law.” In what I call the “jurisprudential turn” in legal ethics, legal scholars are now increasingly looking to jurisprudential and political theory to explore the interpretive stance that it is appropriate for lawyers to take with respect to the “bounds of the law” that limit their partisan advocacy. Just as jurisprudential theories of adjudication ground judges’ duties of legal interpretation in the role of judges in a democratic society, jurisprudential theories of lawyering ground lawyers’ interpretive duties in analysis of the role lawyers play in a democratic system of government. This Article critically examines the emerging uses of jurisprudential theory in legal ethics. It argues that jurisprudential theory presents an attractive alternative to moral theory in legal ethics because it provides a rubric for limiting lawyers’ no-holds-barred partisan manipulation of law that springs directly from the lawyer’s professional duties rather than competing with them. It critiques the two major schools of thought in the “jurisprudence of lawyering” based on Dworkian and positivist jurisprudence. And it questions the common framework within each jurisprudential school, which assigns lawyers a role as case-by-case lawmakers, suggesting that this framework imposes an inappropriately lawyer-centered focus on assessments of the legitimacy of law that more properly belong to clients

IMPLICATIONS OF THE 2002 U.S. FARM ACT FOR WORLD AGRICULTURE

The purpose of this paper is to discuss the implications of the Farm Security and Rural Investment Act (FSRIA) of 2002 for U.S. agriculture and its subsequent impact on world agricultural prices and world trade. In order to effectively illustrate the implications of the 2002 Act it is important to consider it in the context of the changes already made in previous farm acts. As the paper develops, many of the changes in U.S. cropping patterns were already captured by the policy changes occurring under the 1996 Federal Agricultural Improvement and Reform (FAIR) Act. The estimated impact of the 2002 Act on commodity production is minimal and, therefore, estimated price changes are relatively small. In the conclusions is a discussion on how trends in U.S. farm policy tend to reflect international agricultural policy, an important observation as World Trade Organization (WTO) negotiations are anticipated. Policy changes in the 2002 Act are discussed in detail followed by a description of how the policy instruments are incorporated in the Food and Agricultural Policy Research Institute's (FAPRI) U.S. crops model. Implications of the policy changes for the 2002 Act are discussed relative to a continuation of the FAIR Act. A brief review of the possible implications for longer-term trade, production, consumption, and prices are also included. Finally, some observations are included that trace the evolution of U.S. farm programs, especially the trend toward designs in the European Union.Agricultural and Food Policy,

Modification of cosmic-ray energy spectra by stochastic acceleration

Context: Typical space plasmas contain spatially and temporally variable turbulent electromagnetic fields. Understanding the transport of energetic particles and the acceleration mechanisms for charged particles is an important goal of today's astroparticle physics. Aims: To understand the acceleration mechanisms at the particle source, subsequent effects have to be known. Therefore, the modification of a particle energy distribution, due to stochastic acceleration, needs to be investigated. Methods: The diffusion in momentum space was investigated by using both a Monte-Carlo simulation code and by analytically solving the momentum-diffusion equation. For simplicity, the turbulence was assumed to consist of one-dimensional Alfven waves. Results: Using both methods, it is shown that, on average, all particles with velocities comparable to the Alfven speeds are accelerated. This influences the energy distribution by significantly increasing the energy spectral index. Conclusions: Because of electromagnetic turbulence, a particle energy spectrum measured at Earth can drastically deviate from its initial spectrum. However, for particles with velocities significantly above the Alfven speed, the effect becomes negligible.Comment: 10 pages, 6 figures, accepted for publication in Astronomy & Astrophysic

Mississippi River Research Conclusions Executive Summary

Briefing paper requested by Senator Bond detailing the conclusions from the Mississippi River research to date.Agricultural and Food Policy, Environmental Economics and Policy,

GEOTAIL Spacecraft historical data report

The purpose of this GEOTAIL Historical Report is to document ground processing operations information gathered on the GEOTAIL mission during processing activities at the Cape Canaveral Air Force Station (CCAFS). It is hoped that this report may aid management analysis, improve integration processing and forecasting of processing trends, and reduce real-time schedule changes. The GEOTAIL payload is the third Delta 2 Expendable Launch Vehicle (ELV) mission to document historical data. Comparisons of planned versus as-run schedule information are displayed. Information will generally fall into the following categories: (1) payload stay times (payload processing facility/hazardous processing facility/launch complex-17A); (2) payload processing times (planned, actual); (3) schedule delays; (4) integrated test times (experiments/launch vehicle); (5) unique customer support requirements; (6) modifications performed at facilities; (7) other appropriate information (Appendices A & B); and (8) lessons learned (reference Appendix C)

An elliptic expansion of the potential field source surface model

Context. The potential field source surface model is frequently used as a basis for further scientific investigations where a comprehensive coronal magnetic field is of importance. Its parameters, especially the position and shape of the source surface, are crucial for the interpretation of the state of the interplanetary medium. Improvements have been suggested that introduce one or more additional free parameters to the model, for example, the current sheet source surface (CSSS) model. Aims. Relaxing the spherical constraint of the source surface and allowing it to be elliptical gives modelers the option of deforming it to more accurately match the physical environment of the specific period or location to be analyzed. Methods. A numerical solver is presented that solves Laplace's equation on a three-dimensional grid using finite differences. The solver is capable of working on structured spherical grids that can be deformed to create elliptical source surfaces. Results. The configurations of the coronal magnetic field are presented using this new solver. Three-dimensional renderings are complemented by Carrington-like synoptic maps of the magnetic configuration at different heights in the solar corona. Differences in the magnetic configuration computed by the spherical and elliptical models are illustrated.Comment: 11 pages, 7 figure