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Articles 1 - 24 of 24
Full-Text Articles in Entire DC Network
Solving Your Ethical Conundrums: Researching The Rules Of Professional Conduct, Joyce Manna Janto
Solving Your Ethical Conundrums: Researching The Rules Of Professional Conduct, Joyce Manna Janto
Law Faculty Publications
Ms. Janto provides a practical guide to researching issues of attorney professional responsibilities using both print and online resources, emphasizing Virginia rules and decisions.
Summary Of Carrigan V. Nevada Comm’N On Ethics, 129 Nev. Adv. Op. 95, Edward Wynder
Summary Of Carrigan V. Nevada Comm’N On Ethics, 129 Nev. Adv. Op. 95, Edward Wynder
Nevada Supreme Court Summaries
Upon remand from the U.S. Supreme Court, the Supreme Court of Nevada reviewed de novo two issues regarding the Nevada Commission on Ethic’s censure of a city councilmember: (1) whether a recusal provision in the Nevada Ethics in Government Act (NRS 281A.420 ) was void for vagueness and (2) whether it violated public officers’ constitutional right to associate .
Redefining Professionalism? Florida's Code Mandating The Aspirational Raises Challenging Questions, Keith W. Rizzardi
Redefining Professionalism? Florida's Code Mandating The Aspirational Raises Challenging Questions, Keith W. Rizzardi
Professionalism Research Library
Responding to continued criticism of the legal profession, Florida recently adopted a new Code for Resolving Professionalism Complaints (professionalism code). The new requirements transform the aspiration of professionalism into a mandate, but important questions remain as to the meaning of key terms and the methods of implementation. In its opinion approving the professionalism code, the Florida Supreme Court stated that Florida lawyers had “traditionally followed a more passive, academic approach to enhance and improve professionalism.” In other words, the combination of continuing legal education programs, speeches, contests, and meetings — methods once called “procedural professionalism” in a 2005 Florida Bar …
Mid-Atlantic Ethics Committee Newsletter, Fall 2013
Mid-Atlantic Ethics Committee Newsletter, Fall 2013
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
Systematically Thinking About Law Firm Ethics: Conference On The Ethical Infrastructure And Culture Of Law Firms, Susan Saab Fortney
Systematically Thinking About Law Firm Ethics: Conference On The Ethical Infrastructure And Culture Of Law Firms, Susan Saab Fortney
Faculty Scholarship
To advance the discourse related to law firm ethics and the impact of formal controls and informal influences on lawyer conduct, we convened on April 5, 2013 the Conference on the Ethical Infrastructure and Culture of Law Firms ("Conference" or "Symposium"). The Conference, conducted under the auspices of the Hofstra Law Review and the Maurice A. Deane School of Law at Hofstra University's Institute for the Study of Legal Ethics, was funded in part by the Abraham J. Gross '78 Conference and Lecture Fund at the Maurice A. Deane School of Law at Hofstra University. Experts who have studied issues …
Something Bad In Your Briefs, Richard H. Underwood
Something Bad In Your Briefs, Richard H. Underwood
Law Faculty Scholarly Articles
In a profession heavily driven by writing, plagiarism is an ethical issue that plagues the legal community. The legal profession generally views plagiarism as unethical, but often sends mixed messages by condemning it in some settings, but not others. In this short Commentary, Professor Underwood discusses the ethical implications of plagiarism in legal writing.
Ethics, Corporate Social Responsibility, And Sustainability Education In Aacsb Undergraduate And Graduate Marketing Curricula: A Benchmark Study, Jeananne Nicholls, Joseph F. Hair, Charles B. Ragland, Kurt E. Schimmel
Ethics, Corporate Social Responsibility, And Sustainability Education In Aacsb Undergraduate And Graduate Marketing Curricula: A Benchmark Study, Jeananne Nicholls, Joseph F. Hair, Charles B. Ragland, Kurt E. Schimmel
Faculty Articles
AACSB International advocates integration of ethics, corporate social responsibility, and sustainability in all business school disciplines. This study provides an overview of the implementation of these three topics in teaching initiatives and assessment in business schools accredited by AACSB International. Since no comprehensive studies have been conducted for the marketing area, the results provide benchmarks as well as thought-provoking material to initiate business school and marketing faculty discussions on integrating the three topics into their curricula.
Next Generation Of Civil Rights Lawyers: Race And Representation In The Age Of Identity Performance, Angela Onwuachi-Willig, Anthony Alfieri
Next Generation Of Civil Rights Lawyers: Race And Representation In The Age Of Identity Performance, Angela Onwuachi-Willig, Anthony Alfieri
Faculty Scholarship
This Book Review addresses two important new books, Professor Kenneth Mack’s Representing the Race: The Creation of the Civil Rights Lawyer and Professors Devon Carbado and Mitu Gulati’s Acting White? Rethinking Race in Post-Racial America, and utilizes their insights to both explore the challenges that face the next generation of civil rights lawyers and offer suggestions on how this next generation of civil rights lawyers can overcome these difficulties. Overall, this Book Review highlights one similarity in the roles of black civil rights attorneys past and present: the need for lawyers in both generations to perform their identities in ways …
Judicial Ethics And Supreme Court Exceptionalism, Amanda Frost
Judicial Ethics And Supreme Court Exceptionalism, Amanda Frost
Articles in Law Reviews & Other Academic Journals
In his 2011 Year-End Report on the Federal Judiciary, Chief Justice John Roberts cast doubt on Congress’s authority to regulate the Justices’ ethical conduct, declaring that the constitutionality of such legislation has “never been tested.” Roberts’ comments not only raise important questions about the relationship between Congress and the Supreme Court, they also call into question the constitutionality of a number of existing and proposed ethics statutes. Thus, the topic deserves close attention.
This Essay contends that Congress has broad constitutional authority to regulate the Justices’ ethical conduct, just as it has exercised control over other vital aspects of the …
Mid-Atlantic Ethics Committee Newsletter, Winter 2013
Mid-Atlantic Ethics Committee Newsletter, Winter 2013
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
When Bad Guys Are Wearing White Hats, Catherine A. Rogers
When Bad Guys Are Wearing White Hats, Catherine A. Rogers
Journal Articles
Allegations of ethical misconduct by lawyers have all but completely overshadowed the substantive claims in the Chevron case. While both sides have been accused of flagrant wrongdoing, the charges against plaintiffs’ counsel appear to have captured more headlines and garnered more attention. The primary reason why the focus seems lopsided is that plaintiffs’ counsel were presumed to be the ones wearing white hats in this epic drama. This essay postulates that this seeming irony is not simply an example of personal ethical lapse, but in part tied to larger reasons why ethical violations are an occupational hazard for plaintiffs’ counsel …
Are Human Rights Redundant In The Ethical Codes Of Psychologists?, Alfred Allan
Are Human Rights Redundant In The Ethical Codes Of Psychologists?, Alfred Allan
Research outputs 2013
The codes of ethics and conduct of a number of psychology bodies explicitly refer to human rights, and the American Psychological Association recently expanded the use of the construct when it amended standard 1.02 of the Ethical Principles of Psychologists and Code of Conduct. What is unclear is how these references to human rights should be interpreted. In this article I examine the historical development of human rights and associated constructs and the contemporary meaning of human rights. As human rights are generally associated with law, morality, or religion, I consider to which of forms of these references most likely …
Dignity As Perception: Recognition Of The Human Individual And The Individual Animal In Legal Thought, Joseph Vining
Dignity As Perception: Recognition Of The Human Individual And The Individual Animal In Legal Thought, Joseph Vining
Book Chapters
'To their murderers these wretched people were not individuals at all. They came in wholesale lots and were treated worse than animals.' This was Telford Taylor, beginning the presentation of the 'Medical Case' at the Nuremberg Trials after the Second World War. The 'Medical Case' was not about genocide or war or the conduct of war. It was about experimentation on human beings; and it was this trial that produced the 'Nuremberg Code', the first control of such treatment of human beings by one another. The word 'individual' came naturally to Taylor the lawyer as a starting point, and with …
Behavioral Legal Ethics, Jean R. Sternlight, Jennifer K. Robbennolt
Behavioral Legal Ethics, Jean R. Sternlight, Jennifer K. Robbennolt
Scholarly Works
Complaints about lawyers’ ethics are commonplace. While it is surely the case that some attorneys deliberately choose to engage in misconduct, psychological research suggests a more complex story. It is not only “bad apples” who are unethical. Instead, ethical lapses can occur more easily and less intentionally than we might imagine. In this paper, we examine the ethical “blind spots,” slippery slopes, and “ethical fading” that may lead good people to behave badly. We then explore specific aspects of legal practice that can present particularly difficult challenges for lawyers given the nature of behavioral ethics - complex and ambiguous ethical …
Foreword To The Conference: The Law: Business Or Profession? The Continuing Relevance Of Julius Henry Cohen For The Practice Of Law In The Twenty-First Century, Samuel J. Levine
Foreword To The Conference: The Law: Business Or Profession? The Continuing Relevance Of Julius Henry Cohen For The Practice Of Law In The Twenty-First Century, Samuel J. Levine
Scholarly Works
No abstract provided.
Making Civility Mandatory: Moving From Aspired To Required, David A. Grenardo
Making Civility Mandatory: Moving From Aspired To Required, David A. Grenardo
Faculty Articles
Despite the rise of voluntary civility codes and calls for professionalism, incivility persists in the legal profession. The practice of law is a privilege, not a right, and attorneys must be held to a higher standard of conduct as a lawyer is a representative of clients, an officer of the legal system, and a public citizen having special responsibility for the quality of justice. The time for mandatory civility has long come, and all state bars should follow the lead of the few jurisdictions that have made civility mandatory.
This article examines what civility is, its importance, and the problem …
Animal Ethics Committees: Reassurances Rejected, Denise Russell Dr.
Animal Ethics Committees: Reassurances Rejected, Denise Russell Dr.
Faculty of Law, Humanities and the Arts - Papers (Archive)
The ethical and legal framework governing animal experimentation in Australia has changed little since 1990 despite the publication of new editions of the Code of Practice. The latest Code was published in 2012, again with minimal change. The problems which I outline apply to all editions of the Code from 1990 to the present. Allen and Halligan pick up on the framework for the 2004 Code suggesting that my criticisms relate to the period before 2004. My acquaintance with the workings of Animal Ethics Committees (AECs) and the various codes spans a long period pre-dating 2004 and extending to the …
Teaching Access, Or Freedom Of Information Law, Richard J. Peltz-Steele
Teaching Access, Or Freedom Of Information Law, Richard J. Peltz-Steele
Faculty Publications
Based on the author's experience developing and administering the course and materials, this article provides an introduction and resources to teach a graduate journalism or professional law school course on access to government, commonly called "freedom of information law", which may be constructed as a capstone course in law school. The appendices provide supporting material and references.
Reflections On Us Policies Regarding Effective Regulation And Discipline And Foreign Lawyer Mobility: Has The Time Come To Talk About The Elephant In The Room, Laurel S. Terry
Faculty Scholarly Works
The ABA has adopted four model policies that address, in one way or another, the issue of foreign lawyer mobility. These policies are the ABA Model Foreign Legal Consultant Rule, which is commonly known as the FLC rule, the ABA Model Rule for Temporary Practice by Foreign Lawyers, which is commonly known as the FIFO rule, ABA Model Rule of Professional Conduct 5.5, which permits foreign lawyers to serve as in-house counsel, and the ABA Model Rule on Pro Hac Vice Admission. All four of the ABA’s foreign lawyer mobility recommendations include a requirement that the mobile foreign lawyer is …
Ethical Implications Of Intellectual Property In Africa, Dick Kawooya
Ethical Implications Of Intellectual Property In Africa, Dick Kawooya
Faculty Publications
No abstract provided.
The Speakers’ Bureau System: A Form Of Peer Selling, Lynette Reid, Matthew Herder
The Speakers’ Bureau System: A Form Of Peer Selling, Lynette Reid, Matthew Herder
Articles, Book Chapters, & Popular Press
Physicians need to stay abreast of information about emerging drugs and devices, but the time pressures of clinical practice may limit their ability to do so independently. The companies that manufacture and sell these products have the resources and the motivation to “educate” physicians but cannot be expected to distinguish their marketing goals from physicians’ educational needs. Physicians’ professional associations and regulatory bodies, as well as medical journal publishers and editors, drug and device regulatory agencies, and academic medical institutions, have long debated their respective roles and responsibilities in ensuring the safety, efficacy, and probity of prescribing in light of …
'Simple' Takes On The Supreme Court, Robert Tsai
'Simple' Takes On The Supreme Court, Robert Tsai
Articles in Law Reviews & Other Academic Journals
This essay assesses black literature as a medium for working out popular understandings of America’s Constitution and laws. Starting in the 1940s, Langston Hughes’s fictional character, Jesse B. Semple, began appearing in the prominent black newspaper, the Chicago Defender. The figure affectionately known as “Simple” was undereducated, unsophisticated, and plain spoken - certainly to a fault according to prevailing standards of civility, race relations, and professional attainment. Butthese very traits, along with a gritty experience under Jim Crow, made him not only a sympathetic figure but also an armchair legal theorist. In a series of barroom conversations, Simple ably critiqued …
The Transformative Potential Of Attorney Bilingualism, Jayesh Rathod
The Transformative Potential Of Attorney Bilingualism, Jayesh Rathod
Articles in Law Reviews & Other Academic Journals
In contemporary U.S. law practice, attorney bilingualism is increasingly valued, primarily because it allows lawyers to work more efficiently and to pursue a broader range of professional opportunities. This purely functionalist conceptualization of attorney bilingualism, however, ignores the surprising ways in which multilingualism can enhance a lawyer’s professional work and can strengthen and reshape relationships among actors in the U.S. legal milieu. Drawing upon research from psychology, linguistics, and other disciplines, this Article advances a theory of the transformative potential of attorney bilingualism. Looking first to the development of lawyers themselves, the Article posits that attorneys who operate bilingually may, …
Local Government Ethics Programs: A Resource For Ethics Commission Members, Local Officials, Attorneys, Journalists, And Students, And A Manual For Ethics Reform, Robert Wechsler, City Ethics Inc.
Local Government Ethics Programs: A Resource For Ethics Commission Members, Local Officials, Attorneys, Journalists, And Students, And A Manual For Ethics Reform, Robert Wechsler, City Ethics Inc.
AALL Legal Website of the Month
As stated on its website, this book is intended as an introduction to local government ethics for those who want to have a grasp on the various issues involved in government ethics; as a resource for those faced with a specific situation, who want to understand the legal and ethical issues involved, as well as the alternative ways of dealing with the situation; as a guidebook for those involved in government ethics reform; and as a text for students of public administration as well as supplementary reading for local public administrators.