First Week Assignments
Spring 2024
Advanced Legal Ethics (#236)
Professor Michael S. McGinniss
Advanced Legal Ethics (#236) – Professor McGinniss
The required textbook (“Text”) is Daniel R. Coquillette, R. Michael Cassidy, & Judith A. McMorrow, Lawyers and Fundamental Moral Responsibility (LexisNexis 2d ed. 2010). For the assignments from the ABA Model Rules of Professional Conduct (“MR”), you may access them online at (http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/model_rules_of_professional_conduct_table_of_contents.html) or from a paper copy of the MR you have in your possession from Professional Responsibility or otherwise.
At about 4:30 pm on Tuesday, January 2, via Campus Connection I plan to email to students registered for the course the password for accessing (on TWEN) the Syllabus, specified reading assignments for the semester (such as the Sandberg and Auden poems below), and other materials of interest. If you register for the course after 4:30 pm on January 2, please email me at michael.mcginniss@und.edu to request the TWEN password.
Class 1—Monday, January 8
Lawyers and Fundamental Moral Responsibility
Professional/Personal Responsibility
Karl N. Llewellyn, The Bramble Bush
Carl Sandberg, The Lawyers Know Too Much
W.H. Auden, Law Like Love
Text: Preface (v-vi); pp. 1-14; Q4-5, p. 14; Sandberg and Auden poems (on TWEN)
MR: Preamble [1]-[13], Scope [14]-[16], 1.2(b), 1.16(b)(4), 2.1
Class 2—Wednesday, January 10
The Moral Person
Niccolò Machiavelli, The Prince
Plato, The Apology of Socrates
Text: pp. 32-36; Q1-5 p. 36; pp. 14-32; Q1-3, pp. 31-32
MR: 2.1, 5.1, 5.2
Conflict of Laws (#257)
Professor Michael S. McGinniss
The required Textbook is Kermit Roosevelt, Conflict of Laws (3d ed. 2022) (Foundation Press), and the required Casebook is Robert L. Felix, Ralph U. Whitten, Richard H. Seamon, Jesse M. Cross, American Conflicts Law: Cases and Materials (7th ed. 2020) (Carolina Press) (bound and electronic editions are available from publisher).
At about 4:30 pm on Tuesday, January 2, via Campus Connection I plan to email to students registered for the course the password for accessing (on TWEN) the Syllabus, responsive analysis for the assigned Problems, and other materials of interest. If you register for the course after 4:30 pm on January 2, please email me at michael.mcginniss@und.edu to request the TWEN password.
Class 1 - Tuesday, January 9
Conflict of Laws:
Introduction and Overview
Text: 1-2
Casebook: 3-14; Prob. 1.1-1.2 (p.14)
Class 2 - Thursday, January 11
Choice of Law:
Traditional Approach
“Vested Rights” & the First Restatement;
Torts, Contracts, etc.
Text: 5-15, 29-33
Casebook: 15-31; Prob. 2.1 (p.30)