James Moliterno

Tazewell Taylor Professor of Law and Co-Director, Legal Skills Program

Degrees

J.D., Akron
B.S., Youngstown State

Areas of Specialization

Professional Responsibility; Civil Procedure; Clinical Legal Education; Evidence; Legal Skills; Legal Writing; Practice of Law.

Currently Teaching

Evidence, Legal Skills/Ethics

Representative Professional Activities & Achievements

Joined the faculty in 1988. Practiced law at the West Virginia Legal Services Plan. Taught at Texas Tech, West Virginia and Puget Sound law schools.

Author of The Law of Professional Responsibility, Cases and Materials on the Law Governing Lawyers (2d ed.), Ethics of the Lawyer's Work (2d ed.), and articles in the Duke Journal of Law and Contemporary Problems, The Journal of Legal Education, The Journal of Legal Profession, and the William and Mary, Wake Forest, Fordham, Cincinnati, New Mexico, and Missouri law reviews. Co-author of An Introduction to Law, Law Study, and the Lawyer’s Role. A frequent speaker on legal education and professional responsibility.

Member of American Law Institute and ABA Section on Legal Education Committee on Clinical and Skills Education. Chair of the Planning Committee for 2005 AALS Mid-Year Conference, Legal Ethics Teaching in the 21st Century. Legal Education Consultant, Serbia Rule of Law Project.

Past member of both the Executive Committee, Association of American Law Schools Section on Professional Responsibility and the Committee on Curriculum and Research. Director of the Legal Skills Program since 1988. Awarded inaugural Gambrell Professional Award by the American Bar Association for the best law school program teaching ethics and professionalism.

Professor Moliterno's publications

Books

Materials for a Comparative Lawyer Ethics Course for Serbian Law Schools: Serbian, European, American, and Japanese Lawyer Standards (NCSC, USAID 2005) (written in English, translated into Serbian).
Materials for a Course Course in Writing and Research for Serbian Law Schools (NCSC, USAID 2004) (written in English, translated into Serbian).
Emanuel Law Outline: Professional Responsibility (Aspen 2003).
Professional Responsibility (Study Guide Series, Aspen 2003)
Cases and Materials on the Law Governing Lawyers (Anderson Publ'g 2000) (with teacher's manual).
Professional Responsibility (Aspen Law and Business, Roadmap Series 1999).
Co-author, Ethics of the Lawyer's Work (West 1993) (with Levy).
Co-author, Introduction to Law, Law Study, and the Lawyer's Role (Carolina Acad. Press 1991) (with Fredric Lederer).
Co-author, Global Perspectives on Professional Responsibility (West Publ'g forthcoming YEAR) (with George Harris).

Book Revisions and Supplements

Cases and Materials on the Law Governing Lawyers (Lexis Law Publishing 3d ed. 2008) (with teacher's manual).
Co-author, Introduction to Law, Law Study, and the Lawyer's Role (Carolina Acad. Press 2d ed. 2004) (with Fredric Lederer).
Ethics of the Lawyer's Work (West 2d ed. 2003).

Articles

The Administrative Judiciary's Independence Myth, 41 Wake Forest L. Rev. 1191 (2006).
Politically Motivated Bar Discipline, 83 Wash. U. L.Q. 725 (2005).
Symposium Issue, The Federal Government Lawyer's Duty to Breach Confidentiality, 14 Temp. Pol. & Civ. Rts. L. Rev. 633 (2005).
Broad Prohibition, Thin Rationale: The Acquisition of Interest and Financial Assistance in Litigation Rules, 16 Geo. J. Legal Ethics 233 (2003).
Why Formalism?, 49 U. Kan. L. Rev. 135 (2000).
Live Client In-House Clinics: Some Ethics Issues, 67 Fordham L. Rev. 2377-2396 (1999).
Lawyer Creeds and Moral Seismography, 32 Wake Forest L. Rev. 781-818 (1997).
Practice Setting as an Organizing Theme for a Law and Ethics of Lawyering Curriculum, 39 Wm. & Mary L. Rev. 393-407 (1997).
Review of the Seattle University Skills Development Series, 46 J. Legal Educ. 280-283 (1997).
On the Future of Integration Between Skills and Ethics Teaching: Clinical Legal Education in 2010, 45 J. Legal Educ. 67-78 (1996).
Experiential Learning, Legal Education, and Professional Responsibility, 38 Wm. & Mary L. Rev. 71-123 (1996).
Professional Preparedness: A Comparative Study of Law Graduates' Perceived Readiness for Professional Ethical Issues, 58 Duke J.L. & Contemp. Probs. 259 (1995).
An Analysis of Ethics Teaching in Law Schools: Replacing Lost Benefits of the Apprentice System in the Academic Atmosphere, 60 U. Cin. L. Rev. 83 (1991).
Teaching Legal Ethics in a Program of Comprehensive Skills Development, 15 J. Legal Prof. 145 (1991).
The Legal Skills Program at the College of William and Mary: An Early Report, 40 J. Legal Educ. 535 (1990).
Goodness and Humanness: Distinguishing Traits?, 19 N.M. L. Rev. 203 (1989).
Co-author, The Joe Isuzu Dean Search: A Guide to the Interpretation of Announcement Letters, 39 J. Legal Educ. 265 (1989) (with P. LeBel).
Note, Constitutional Law - First Amendment - Freedom of Speech - Broadcasting - Obscenity Symposium: Recent Case, 12 Akron L. Rev. 284 (1978).

Book Chapters

Co-author, Non-deposition Discovery Ethics Issues, in Legal Ethics (ABA 2000) (with Stephen Noona).

Other

Fairness Issues in Negotiation, 52 Mercer L. Rev. 917 (2001) (panel remarks).
Experience and Legal Ethics Teaching, 12 Legal Educ. Rev. 3 (2001).
Book Review, 111 Ethics 210 (2000) (reviewing John A. Rohr, Public Service, Ethics and Constitutional Practice (1998)).
Book Review, 110 Ethics 456 (2000) (reviewing Ethical Challenges to Legal Education and Conduct (Kim Economides ed., 1998)).
The Secret of Success: The Small-section First-year Skills Offering and its Relationship to Independent Thinking, 55 Mo. L. Rev. 875-881 (1990).
Teaching Legal Ethics in a Simulated, Experiential Education Model: Why the First Year? (2007) (essay/conference paper published in Japanese).

Resources