Bruce Green - Academia.edu (original) (raw)
Papers by Bruce Green
Social Science Research Network, Oct 19, 2005
... have laid the foundations of the American com-mon law"); LAWRENCE M. FRIEDMAN, A HIS... more ... have laid the foundations of the American com-mon law"); LAWRENCE M. FRIEDMAN, A HISTORY OF AMERICAN LAW 381 (2d ed. 1985) ("The great judges-Lemuel Shaw, John ... 119, 142 n.125 (1990) (discussing Gibson's seminal opinion in Dorsey v. Dorsey, 7 Watts 349 (Pa ...
West, a Thomson Reuters business eBooks, 2011
Northwestern Journal of Technology and Intellectual Property, 2021
Social Science Research Network, May 24, 2021
St. John’s Law Review, 2009
In Print and Online, Professional Responsibility: A Contemporary Approach offers a comprehensive,... more In Print and Online, Professional Responsibility: A Contemporary Approach offers a comprehensive, challenging, and engaging treatment of the law and ethics of lawyers’ work, including professionalism, in a modern and accessible format. Faculty have the option of using the casebook as an innovative paper text or as the foundation for an interactive pedagogy that features thought-provoking online components, including internet links and multiple choice assessment problems on Casebook Plus to satisfy ABA formative assessment requirements. Each chapter features learning outcomes and global comparisons, and most chapters include audio-links to mini-lectures by the authors to explain difficult concepts. The accompanying Teacher’s Manual also includes instructions for several role-plays designed to illustrate ethical dilemmas students will face in practice.
SSRN Electronic Journal, 2018
This symposium presents case studies of the often difficult ethical and tactical issues confronte... more This symposium presents case studies of the often difficult ethical and tactical issues confronted by lawyers for social justice movements. These case studies were developed by the pairing of movement lawyers with legal ethicists and enriched by the discussions at the Movement Lawyering Ethics Roundtable. They seek to provide guidance to lawyers facing these recurrent issues. This issue also includes an essay entitled "rebuilding the Ethical Compass of the Law" and reading guides with selected bibliographies.
SSRN Electronic Journal, 2018
SSRN Electronic Journal, 2016
. Thom. L. Rev., 1995
POLICING FEDERAL PROSECUTORS: DO TOO MANY REGULATORS PRODUCE TOO LITTLE ENFORCEMENT?* Bruce A ...... more POLICING FEDERAL PROSECUTORS: DO TOO MANY REGULATORS PRODUCE TOO LITTLE ENFORCEMENT?* Bruce A ... be is the marketplace likely to be effective in discouraging the types of misconduct ... It is true that many, if not most, prosecutors plan eventually to leave ...
Criminal justice reform groups typically explore multiple avenues for improving the law and legal... more Criminal justice reform groups typically explore multiple avenues for improving the law and legal processes. Among the campaigns are calls for more demanding laws governing prosecutors’ conduct and more effective oversight and enforcement of prosecutors’ compliance with their legal obligations. Yet little advocacy is directed toward ethics rules governing prosecutors and encouraging courts and disciplinary bodies to adopt, interpret, and enforce professional conduct rules so as to demand more of them. This article considers the reasons for such limited focus upon ethics rules and suggests the ways in which current rules regarding prosecutors' disclosure obligations and post-conviction ones can be effective avenues to enhance prosecutorial practices.
The transformative potential of technology in legal practice is well recognized. But wholly apart... more The transformative potential of technology in legal practice is well recognized. But wholly apart from how law firms actually use technology is the question of what law firms say about how they use and relate to technology—in particular, how law firms communicate whether technology matters and has value in what they do. In the past, firms in the BigLaw category, especially at the top echelon, have grounded their reputations on the credentials and achievements of their lawyers. In this paper, we explore whether elite law firms use technology similarly by describing it as an additional tool of inter-firm competition—a sort of “technocapital” that wields power in the war for clients, talent, and reputation generally. Based on an in-depth review of the websites of fiftyone nationally recognized and highly ranked law firms, the article analyzes differences in how firms use tech as a means of promoting themselves. We found that elite law firms adopt one of three distinct approaches. The m...
SSRN Electronic Journal, 2003
Evidence & Evidentiary Procedure eJournal, 2012
This Article focuses on the relationship between corporations and their employee constituents in ... more This Article focuses on the relationship between corporations and their employee constituents in the context of corporate internal investigations, an unregulated multi-million dollar business. The classic approach provided in the 1981 Supreme Court opinion, Upjohn v. United States, is contrasted with the reality of modern-day internal investigations that may exploit individuals to achieve a corporate benefit with the government. Attorney-client privilege becomes an issue as corporate constituents perceive that corporate counsel is representing their interests, when in fact these internal investigators are obtaining information for the corporation to barter with the government. Legal precedent and ethics rules provide little relief to these corporate employees. This Article suggests that courts need to move beyond the Upjohn decision and recognize this new landscape. It advocates for corporate fair dealing and provides a multi-faceted approach to achieve this aim. Ultimately this Art...
Social Science Research Network, Oct 19, 2005
... have laid the foundations of the American com-mon law"); LAWRENCE M. FRIEDMAN, A HIS... more ... have laid the foundations of the American com-mon law"); LAWRENCE M. FRIEDMAN, A HISTORY OF AMERICAN LAW 381 (2d ed. 1985) ("The great judges-Lemuel Shaw, John ... 119, 142 n.125 (1990) (discussing Gibson's seminal opinion in Dorsey v. Dorsey, 7 Watts 349 (Pa ...
West, a Thomson Reuters business eBooks, 2011
Northwestern Journal of Technology and Intellectual Property, 2021
Social Science Research Network, May 24, 2021
St. John’s Law Review, 2009
In Print and Online, Professional Responsibility: A Contemporary Approach offers a comprehensive,... more In Print and Online, Professional Responsibility: A Contemporary Approach offers a comprehensive, challenging, and engaging treatment of the law and ethics of lawyers’ work, including professionalism, in a modern and accessible format. Faculty have the option of using the casebook as an innovative paper text or as the foundation for an interactive pedagogy that features thought-provoking online components, including internet links and multiple choice assessment problems on Casebook Plus to satisfy ABA formative assessment requirements. Each chapter features learning outcomes and global comparisons, and most chapters include audio-links to mini-lectures by the authors to explain difficult concepts. The accompanying Teacher’s Manual also includes instructions for several role-plays designed to illustrate ethical dilemmas students will face in practice.
SSRN Electronic Journal, 2018
This symposium presents case studies of the often difficult ethical and tactical issues confronte... more This symposium presents case studies of the often difficult ethical and tactical issues confronted by lawyers for social justice movements. These case studies were developed by the pairing of movement lawyers with legal ethicists and enriched by the discussions at the Movement Lawyering Ethics Roundtable. They seek to provide guidance to lawyers facing these recurrent issues. This issue also includes an essay entitled "rebuilding the Ethical Compass of the Law" and reading guides with selected bibliographies.
SSRN Electronic Journal, 2018
SSRN Electronic Journal, 2016
. Thom. L. Rev., 1995
POLICING FEDERAL PROSECUTORS: DO TOO MANY REGULATORS PRODUCE TOO LITTLE ENFORCEMENT?* Bruce A ...... more POLICING FEDERAL PROSECUTORS: DO TOO MANY REGULATORS PRODUCE TOO LITTLE ENFORCEMENT?* Bruce A ... be is the marketplace likely to be effective in discouraging the types of misconduct ... It is true that many, if not most, prosecutors plan eventually to leave ...
Criminal justice reform groups typically explore multiple avenues for improving the law and legal... more Criminal justice reform groups typically explore multiple avenues for improving the law and legal processes. Among the campaigns are calls for more demanding laws governing prosecutors’ conduct and more effective oversight and enforcement of prosecutors’ compliance with their legal obligations. Yet little advocacy is directed toward ethics rules governing prosecutors and encouraging courts and disciplinary bodies to adopt, interpret, and enforce professional conduct rules so as to demand more of them. This article considers the reasons for such limited focus upon ethics rules and suggests the ways in which current rules regarding prosecutors' disclosure obligations and post-conviction ones can be effective avenues to enhance prosecutorial practices.
The transformative potential of technology in legal practice is well recognized. But wholly apart... more The transformative potential of technology in legal practice is well recognized. But wholly apart from how law firms actually use technology is the question of what law firms say about how they use and relate to technology—in particular, how law firms communicate whether technology matters and has value in what they do. In the past, firms in the BigLaw category, especially at the top echelon, have grounded their reputations on the credentials and achievements of their lawyers. In this paper, we explore whether elite law firms use technology similarly by describing it as an additional tool of inter-firm competition—a sort of “technocapital” that wields power in the war for clients, talent, and reputation generally. Based on an in-depth review of the websites of fiftyone nationally recognized and highly ranked law firms, the article analyzes differences in how firms use tech as a means of promoting themselves. We found that elite law firms adopt one of three distinct approaches. The m...
SSRN Electronic Journal, 2003
Evidence & Evidentiary Procedure eJournal, 2012
This Article focuses on the relationship between corporations and their employee constituents in ... more This Article focuses on the relationship between corporations and their employee constituents in the context of corporate internal investigations, an unregulated multi-million dollar business. The classic approach provided in the 1981 Supreme Court opinion, Upjohn v. United States, is contrasted with the reality of modern-day internal investigations that may exploit individuals to achieve a corporate benefit with the government. Attorney-client privilege becomes an issue as corporate constituents perceive that corporate counsel is representing their interests, when in fact these internal investigators are obtaining information for the corporation to barter with the government. Legal precedent and ethics rules provide little relief to these corporate employees. This Article suggests that courts need to move beyond the Upjohn decision and recognize this new landscape. It advocates for corporate fair dealing and provides a multi-faceted approach to achieve this aim. Ultimately this Art...