Center for Legal Ethics and Professionalism

Ethics Scholarship at Mercer

Mercer faculty are also active in producing scholarship concerning issues of ethics and professionalism. The following is a partial list of the scholarship produced in the last few years.

Professor Sammons

• "Parables and Pedagogy; in Gladly Learn, Gladly Teach, 2005.
• "The Myths of Sisyphus and the Meaning of Work," in Jesse Mercer's Pulpit, 2006.
• You can access Professor Sammons most recent works in progress on the Social Science Research Network (SSRN) through the following URL: http://ssrn.com/author=54430.
• "Cheater!": The Central Moral Admonition of Legal Ethics, Games, Lusory Attitudes, Internal Perspectives, and Justice, 2003, 39 Idaho L. Rev. 273 (2003)
• Traditionalists, Technicians, and Legal Education, 38 Gonzaga L. Rev. 1 (2003)
• The Georgia Crawl, 53 Mercer L. Rev. 985 (2002)
• Afterwards: Four Concerns, 53 Mercer L. Rev. 1159 (2002)
• Counter Productive? Book Review: O'Donovan, Theology of Law and Authority in the English Reformation, 16 J. of Law and Relig. 519 (2001)
• Introduction, Quidsome Balm: The Collected Nonsense of Brainerd Currie, 2000
• A Dialogue Concerning Heresy: Thomas More and Legal Ethics, 27 Fordham L. J. 1541 (1999)
• The Radical Ethics of Legal Rhetoricians, 32 Valparasio L. Rev. 93 (1998)
• Chief Justice Logan Bleckley: An Introduction, 1998
• Brainerd Currie: "I Am The Very Model of a Modern Intellectual", 1997
• A Sixth Semester Conversation, 1997
• On Being A Good Christian and a Good Lawyer
• God, Man, Law, Lawyering, Sandy Koufax, Roger Maris, Orel Hershiser, Looking at the Catcher, and Corked Bats in the Kingdome (With a Brief Appearance by Ty Cobb), 1996
• Rank Strangers to Me: Shaffer and Cochran's Friendship Model of Moral Counseling in the Law Office, 1995
• Rebellious Ethics and Albert Speer in Against the Grain: New Directions in Professional Ethics (Michael Goldberg, Ed.)

Professor Longan

• Legal Ethics, 2007 Annual Survey of Georgia Law, 59 Mercer Law Review ___ (forthcoming 2007).
• Legal Ethics, 2006 Annual Survey of Georgia Law, 58 Mercer Law Review 239.
• Legal Ethics, 2005 Annual Survey of Georgia Law, 57 Mercer Law Review 273 (2005).
• Judicial Professionalism in a New Era of Judicial Selection, 56 Mercer Law Review 913 (2005).
• Professional Responsibility Questions and Answers, LexisNexis (2003).
• Legal Ethics, 2003 Annual Survey of Georgia Law, 55 Mercer Law Review 329 (2003)
• Lessons From Enron: A Symposium on Corporate Governance, Foreword, 54 Mercer Law Review 663 (2003).
• Legal Ethics, 2002 Annual Survey of Georgia Law, 54 Mercer Law Review 401 (2002).
• Middle-Class Lawyering in the Age of Alzheimer's: The Lawyer's Duties in Representing a Fiduciary, 70 Fordham Law Review 901 (2001).
• Legal Ethics, 2001 Annual Survey of Georgia Law, 53 Mercer Law Review 379 (2001).
• Professionalism on the Appellate Bench: The Life and Career of Justice George Rose Smith of the Arkansas Supreme Court, 55 Arkansas Law Review 522 (2001).
• Ethics in Settlement Negotiations: Foreword, 52 Mercer Law Review 807 (2001).
• Elder Law Across the Curriculum: Professional Responsibility, 30 Stetson Law Review 1413 (2001).
• Ethics and Professionalism in Civil Depositions, (chapter in Litigation Ethics: Course Materials For Continuing Legal Education, American Bar Association (2000)).
• The Phantom Menace of the Lost Litigator: A Review of Richard Zitrin and Carol M. Langford, The Moral Compass of the American Lawyer, 30 Cumberland Law Review 239 (2000).

Professor Hricik

• The Speed of Normal: Conflicts, Competency, and Confidentiality in the Digital Age,  10 Computer L. Rev. & Tech. J. 73 (2006).
• Don't Settle Your License Away, 69 Tex. B.J. 126 (Feb. 2006) (co-author with practitioner, David E. Warden).

• The Ethical Responsibilities and Liability Risks Arising From Representing a Single Client in Multiple Patent-Related Representations: How Things Snowball, __ J. Pat. & Trademark Off. Soc'y __ (2006) (invited submission) (reprint).
• Lawyers Still Too Worried About Transmitting E-mail Over the Internet, 10 J. Tech. L. & Pol'y 265 (2005) (invited symposium submission) (co-author with Amy Falkingham).
• To Whom it May Concern: Using Disclaimers to Avoid Disqualification by Receipt of Unsolicited E-mail from Prospective Clients, 16 Prof. Lawyer 1 (2005).
• I Can Tell When You’re Telling Lies: Metadata in Litigation and Transactional Practice, 30 J. Legal Prof. 79(2006) (invited submission).
• Letter, 30 New Matter 4 (Sept. 2005)
• Why There Should be Fewer Articles Like This One: Law Professors Should Write More for Legal Decision-Makers and Less for Themselves, 37 Suffolk U. L. Rev. 763 (2005) (co-author with Professor Salzmann).
• The Ethical Responsibilities and Liability Risks Arising From Representing a Single Client in Multiple Patent-Related Representations: How Things Snowball 18 Geo. J. Legal Ethics 421 (Spring 2005).
• Ethics in the Digital Age, Jan/Feb. Law Office Computing 67 (2005).
• Save a Little Room for Me: The Necessity of Naming as Inventors Practitioners Who Conceive of Claimed Subject Matter, 5 Loyola L. & Tech. J. 1 (Spring 2005) (co-author with two students) (invited submission).
• Infinite Combinations: Whether The Duty of Competency Requires Lawyers to Include Choice of Law Clauses 12 Willamette J. Int'l L. & Dispute Resolution 241 (Fall 2004).
• The Transmission and Receipt of Invisible Confidential Information, 15 The Professional Lawyer 18 (Spring 2004) (co-authored with Robert Jueneman)
• The Transmission and Receipt of Invisible Confidential Information, (along with Robert R. Jueneman) 8 ABA Consumer & Personal Rights Legislation Newsletter (Winter 2003/2004).
• Trouble Waiting to Happen: Malpractice and Ethical Issues in Patent Prosecution, 31 Am. Intell. Prop. L. Q.J. 387 (Fall 2003).
• The Truth Be Told? The Ethics of Using Undercover Testers and Investigators in Civil Litigation, VIII ABA Section of Litigation Consumer & Personal Rights Litigation Newsletter (Summer 2003).
• The Use of Website Disclaimers Regarding the Obligation of Confidentiality for U.S. Law Firms, 4 World Internet Law Report 29 (Sept. 2003)
• Troublesome Issues Facing Prosecuting Litigators and Their Firms, 21 Intell. Prop. Newsletter 16 (Spring 2003).
• In the New Digital World, Old-World Ethics Still Apply, 4 World Internet Law Report 26 (May 2003).
• Wrong About Everything: The Application by the District Courts of Rule 9(b) to Inequitable Conduct, 86 Marquette L. Rev. 895 (2003).
• Dragons Along the Information Superhighway, 29 L. Practice Mgmt. 24 (Spring 2003).
• Aerial Boundaries: Limitations on the Duty of Advocacy in Patent Prosecution, 44 So. Tex. L. Rev. 205 (Winter 2002).
• David Hricik & Peter Krakaur, ASPs: Very dangerous. You Go First! http://www.legalethics.com/articles.law?auth=snake.txt

Professor Floyd

• Can a Good Christian Be a Good Lawyer? Homilies, Witnesses, and Reflections, editor (with Thomas E. Baker)(Notre Dame University Press 1998).
• The Lawyer as a Professional (co-editor with W. Frank Newton) (Texas Center for Legal Ethics and Professionalism 1991).
• Book Chapter, "Listening to Clients," in The Affective Assistance of Counsel: Practicing Law as a Healing Profession, Marjorie Silver, ed. (Carolina Academic Press 2007).
• Lawyers and Prophetic Justice, 58 Mercer L. Rev. 513 (2007).
• Legal Ethics, Moral Imagination, and Spaulding v. Zimmerman (work in progress).
• "What's Going On?" Christian Ethics and the Modern American Death Penalty, 32 Tex. Tech Law Review 931 (2001).
• Panel Discussion: Does Professionalism Leave Room for Religious Commitment? 26 Fordham Urb. L.J. 875 (1999).
• Literature for Lawyers and Judges (Review Essay), 29 Tex. Tech L. Rev. 967 (1998).
• The Practice of Law as a Vocation or Calling, 66 Fordham Law Review 1405 (1998).
• Legal Education and the Vision Thing, 31 Ga. L. Rev. 853 (1997).
• We Never Promised You a Rose Garden, 38 S. Tex. L. Rev. 1255 (1996).
• Faculty Editor, Special Symposium Issue on Faith and the Law, Volume 27, Issue 3 of the Texas Tech Law Review (1996).
• The Role of Religious Convictions in the Teaching of Law Students, (with Thomas E. Baker) 17 J. Leg. Prof. 77 (1993).
• Religious Convictions and Professional Education, (with Thomas E. Baker) 1 Professional Ethics: A Multi-Disciplinary Journal 195 (1993).
• Realism, Responsibility, and the Good Lawyer: Niebuhrian Perspectives on Legal Ethics, 67 Notre Dame L. Rev. 587 (1992).
• "How You Can Get In Trouble and What Happens When You Do", and "Your Role as In-House Counsel" in A Guide to the Basics of Law Practice (W. Frank Newton, ed.) (Annual editions 2000, 1999,1998, 1997, 1996, 1995, 1994).
• "Lawyer Disciplinary Procedures", in The Ethics Course (Beryl Crowley, ed.) (annual editions 1998, 1997, 1996, 1995).
• "How Bad Must a Defense Lawyer Be for a Federal Court to Reverse in a Capital Case?" ABA Preview of United States Supreme Court Cases, at 47 (September 13, 1999).
• "A Crisis in Death Penalty Representation," ABA Preview of United States Supreme Court Cases, at 232 (March 18, 1994).
• "The New Texas Rules of Disciplinary Procedure", in An Introduction and Invitation to Professionalism (1991).
• Ethics and Professional Responsibility (Texas), (with W. Frank Newton) 41 Southwestern Legal Foundation Institute on Oil and Gas Law and Taxation 3 (1990).