Authority and Misconduct

Authority and Misconduct 1/2 Page

1. Despite widespread cynicism about public ethics, students are likely to agree that a rule of law depends on the perceived legitimacy of public officials and that legitimacy is impossible without widespread ethical behavior. Discuss with supporting example what can be done to cultivate ethical behavior in public officials.

2. Take a position on whether or not behavior should be governed by compliance with rules. Support your position with examples or evidence.

Public Ethics Laws 1/2 Page

3. After reading the case summary, People v. Howard, if you were an Illinois state legislator, would you support a bill in response to People v. Howard that provides that only conduct specifically prescribed by a state statute may be a predicate offense for official misconduct? Why or why not?

4. Evaluate Van Itallie v. Franklin Lakes. Based on the facts described in Van Itallie v. Franklin Lakes, take a position and explain what you would have done differently, if anything, if you were the council members.

Part 2 – 1 Page

Litigation and Resolution 1/2 Page

1. Read the case summary of Alyeska Pipeline Services Co. v. Wilderness Society. Discuss the court’s analysis that the legislature, not the courts, need to address responsibility for lawyers’ fees? Discuss why there is resistance to liberalizing lawyers’ fees awards? Explain if there is another approach, such as proportionate responsibility or capping fees?

2. Evaluate Dondi Properties Corp. v. Commercial Savings & Loan Ass’n. Compare and contrast the benefits, in the long run, of following the judges’ rules. From a personal perspective, will you be able to resist the temptation to engage in such tactics when you are involved in litigation? Even when the other side has engaged in them?

Lawyer Up 1/2 Page

3. The attorney-client privilege is an important part of the client-lawyer relationship. Discuss the extent that the public records or open meeting laws should override the privilege.

4. In the text, the section of “Insincerity Seemingly Is Rewarded in the Adversarial System” gives a precursor to the trial?) system. Discuss whether the need for lawyers to act zealously to win cases explains why lawyers act in sometimes “immoral” ways.