Meet the Faculty

Meet the Faculty

Burnele Venable Powell

Scholarship

Books and Articles

Lawyers and the Legal Profession: Cases and Materials, Roy D. Simon, Jr. and Murray L. Schwartz (on Fourth Edition (pending), Roy D. Simon, Jr., Carol Needham and Burnele V. Powell)

"Pressing the NCAPA Paradigm: Too Much Form for Ad Hoc Adjudicatory Rulemaking, 61 N.C. L. Rev. 67-96 (1982)

"Sitting and Standing in the Supreme Court: Warth Standing and the Problem of Distributive Justice, 33 DePaul L. Rev. 429-464 (1984)

"Sinners, Supplicants, and Samaritans: Agency Advice Giving in Relation to Section 554(e) of the Administrative Procedure Act," 63 N.C. L. Rev. 339-374 (1985)

"Administratively Declaring Order: Some Practical Applications of the Administrative Procedure Act's Declaratory Order Process," 64 N.C. L. Rev. 277-301 (1986)

"Regular Appellate Review, Direct Judicial Review, and the Role of Review of the Declaratory Order: Three Roads to Judicial Review," 40 Administrative Law Review 451-503 (Fall 1988).

"Whistling in the Dark: The Problem of Federal Protection for In-house Reporters of Corporate Wrong-doing" 68 Or. L. Rev. 569-613 (1989).

"The Problem of the Parachuting Practitioner," 1992 Ill. L. Rev. 105-158 (1992).

"Somewhere Farther Down the Line: MacCrate on Multiculturalism and the Information Age, 69 Wash. L.Rev. 637 (1994).

"Lawyer Professionalism as Ordinary Morality," 35 S. Tex L. Rev. 275 (1994).

"The Sense of a Client: Confidentiality Issues in Representing the Elderly," B. Powell and R. Link, 52 Fordham L. Rev. 1197 (1994).

"Open Doors, Open Arms, and Substantially Open Records: Consumerism Takes Hold in the Legal Profession," 28 Valparaiso L. Rev. 709 (1994).

"Diagnosis and Prescription: Illusory Lawyer Disciplinary Reform and the Need for a Moratorium," 1 J. Inst. for Study Leg. Ethics 263 (1996).

"Risking the Terrible Question of Religion in the Life of the Lawyer," 66 Fordham L. Rev. 1321 (1998).

"Informal Remarks on Professionalism," 2 Journal of the Institute for the Study of Legal Ethics, 85 (1999).

"An Informal Discussion of Legal Ethics," 2 Journal of the Institute for the Study of Legal Ethics, 85 (1999).

"A Reaction: Stand Up, Your Father [A Lawyer] is Passing," 97 Mich. L. Rev. 1373 (1999).

"Flight from the Center: Is It Just or Just About the Money?" 84 Minn. L. Rev. 1439 (June 2000).

"Looking Ahead to the Alpha Jurisdiction: Some Considerations that the First MDP Jurisdiction Will Want to Think About," 36 Wake Forest L. Rev. 101(spring 2001).

"Legal Ethics and Professional Responsibility: What Needs Fixing?" Hofstra School of Law (September 2002)

"The Lesson of Enron for the Future of MDPs: Out of the Shadows and into the Sunlight, 80 Wash. U. L. Q. 1291. (November 2002)

"Back to the Future: Is the New York State of Mind Confused about MDP?" 2003 Ill. L. Rev. 1377 (2003)

"What Clients Want and Why They Can't Have It," 52 Emory L. J. 1135-1146 (2003)

"The Limits of Integrity or Why Cabinets Have Locks," 73 Fordham L. Rev. 311 (2003)

Manuscripts, Columns, Etc.

Current Developments in North Carolina Real Estate Law 1983-1984 (43 Pp.).

"There Are Conflicts in this Environment Too," prepared for the Environmental and Natural Resources Law Section of the North Carolina Bar Association (Continuing Legal Education, North Carolina Bar Foundation, 1988).

"The Supreme Court Takes A Look at Drug-testing: The Search for the Reasonable 'Fox Trap'" (60 Pp.).

"Retribution or Rehabilitation?" Family Advocate Magazine (Summer 1991) 51.

"Bar Response to Mass Tort Disasters: Discipline View The Professional Lawyer (February 1992) 1

"'Truce' or Consequences: The Rationale for Affirmative Action in Law Schools," 2 Kansas Journal of Law and Public Policy 123 (Summer 1992).

"Experiencing the 'Velvet Revolution," The Professional Lawyer (November 1993) 2.

"Professionalism in Practice," ABA Journal 48 (August 1998)

"Practice Debate Heats Up," ABA Journal 14 (August 1999)

"Missourians Need ABA Evaluations," Burnele Powell - Special to The Star Date: 05/06/01 22:00

Reports

"An Overview of the Use and Non-use of the Federal Administrative Procedure Act's Declaratory Order process" (52 Pp.)

"Judicial Review and Declaratory Judgment Review: Why, then do we need the Declaratory Order?" (45 Pp.)

"Section 554(e) Declaratory Orders: What is a Declaratory Order?" (October 12, 1985) (12 Pp.)

ABA Model Rules for Lawyer Disciplinary Enforcement (1989), as Chair of the ABA Standing Committee on Disciplinary Enforcement

ABA Model Rules for Judicial Discipline (1994), as Chair of the ABA Standing Committee on Disciplinary Enforcement"

ABA Commission on Multidisciplinary Practice Report to the House of Delegates (August 1999)

Missouri Bar Committee on Forum Nonconvenience Final Report

ABA Commission on Multidisciplinary Practice Report to the House of Delegates (July 2000)

ABA Commission on Public Financing of Judicial Campaigns (August 2001)

Burnele Venable Powell

Room 319
USC School of Law
701 Main Street
Columbia, South Carolina 29208
v 803-777-7780
f 803-777-2368
powellbv@law.sc.edu