Digital Commons Network^™

Implementing Namebers Using Microchip Implants: The Black Box Beneath The Skin, Katina Michael, M.G. Michael

Associate Professor Katina Michael

The use of electronic-based physical access cards to secure premises such as government buildings and large corporate offices has been in operation since the inception of bar code and magnetic-stripe cards in the 1970s. Over time, for secure access control, these first generation card technologies based on optical character recognition (OCR) and magnetic ink character recognition (MICR) were replaced by more sophisticated technologies such as smart cards and biometrics, containing encrypted data and techniques which were more difficult to dupe or to replicate \cite{michael2003a}.

An employee today wanting to gain access to their place of work, typically carries a photo …

Critical Injuries: Collaborative Indigenous Life Writing And The Ethics Of Criticism, Michael Jacklin

Michael Jacklin

The publication of collaborative Indigenous life writing places both the text and its production under public scrutiny. The same is true for the criticism of life writing. For each, publication has consequences. Taking as its starting point the recent critical concern for harm occasioned in life writing, this article argues that in the reading of collaborative Indigenous life writing, injury may eventuate from the commentary itself .... With particular regard to the collaborative texts Ingelba and the Five Black Matriarchs and [the Canadian work] Stolen Life: The Journey of a Cree Woman, this article argues that literary criticism can benefit …

Putting Watergate Behind Us: Salinas, Sun-Diamond, And Two Views Of The Anticorruption Model, George D. Brown

George D. Brown

A central question in the ongoing debate over the future of the American political system is how to deal with public corruption. This Article first examines the dominant theme of the last thirty years: a relatively hard-line approach that Professor Brown refers to as the post-watergate concensus. In recent years, however, this approach has been subject to growing criminalization of government ethics; Professor Brown then turns to what can be viewed as the counterrevolutionary critique. Against this background, he considers the United States Supreme Court's contribution to the debate. Starting with the recent Sun-Diamond and Salinas cases, and drawing from …

Acting "A Very Moral Type Of God": Triage Among Poor Clients, Paul R. Tremblay

Paul R. Tremblay

No abstract provided.

Ondervraging Van Irakese En Afghaanse Insurgents: De Nederlandse Ervaringen, George Dimitriu

George Dimitriu

Gedurende de afgelopen jaren is de Nederlandse Krijgsmacht een aantal jaren actief geweest in Irak en Afghanistan waarbij honderden mensen gevangen zijn genomen en zijn ondervraagd. In tegenstelling tot veel andere landen die ook in Irak en Afghanistan actief zijn of waren, zoals de Verenigde Staten, Groot-Brittannië, Spanje en Canada, is Nederland tot op heden gevrijwaard gebleven van een groot martelschandaal of een binnenlandse discussie. Afgezien van een incident in 2006 toen krantenkoppen Nederlanders betichtten van marteling tijdens de missie in Irak, is er maar weinig voorgevallen. Bovendien luwde de ophef over het vermeende martelincident in Irak al snel. Hoe …

Toward An Ecclesiastical Professional Ethic: Lessons From The Legal Profession, Daniel R. Coquillette, Judith A. Mcmorrow

Judith A. McMorrow

As the Catholic Church struggles with the aftermath of the clergy sexual abuse crisis, some have explored the possibility of an ecclesiastical code of professional conduct. Lawyers' long and storied history with professional codes offers a cautionary tale to those exploring an ecclesiastical code of ethics. As priests to our secular religion of law, lawyers are called forth and mandated by a competent authority to function in a defined role, the specifics of which are reflected, in part, in lawyer codes. As lawyers moved from Canons of Ethics (1908) to a Code of Professional Responsibility (1969) to Rules of Professional …

Toward An Ecclesiastical Professional Ethic: Lessons From The Legal Profession, Daniel R. Coquillette, Judith A. Mcmorrow

Daniel R. Coquillette

As the Catholic Church struggles with the aftermath of the clergy sexual abuse crisis, some have explored the possibility of an ecclesiastical code of professional conduct. Lawyers' long and storied history with professional codes offers a cautionary tale to those exploring an ecclesiastical code of ethics. As priests to our secular religion of law, lawyers are called forth and mandated by a competent authority to function in a defined role, the specifics of which are reflected, in part, in lawyer codes. As lawyers moved from Canons of Ethics (1908) to a Code of Professional Responsibility (1969) to Rules of Professional …

Welcome To Mcdonalds, How May I Exploit You? Fast Food’S Corporate Social Responsibility To Lower-Income Areas, Jennifer T.R. Tomlinson

Jennifer T.R. Tomlinson

The Practical Soul Of Business Ethics: The Corporate Manager's Dilemma And The Social Teaching Of The Catholic Church, Leo L. Clarke, Bruce P. Frohnen, Edward C. Lyons

Edward C. Lyons

This Article focuses on and attempts to dispel an overly narrow view of the moral responsibilities of corporations and their managers. Many businessmen and lawyers, relying on prevailing approaches to business ethics, labor under the misperception that the moral ladder in the business world has only one rung: "Be honest." Americans, however, should, can and do expect more from the managers of our large corporations, and virtually every Fortune 100 company publicly espouses a "social responsibility" far exceeding mere honesty. Further, as is demonstrated, American jurisprudence is consistent with those expectations. This Article's thesis is that Catholic Social Teaching provides …

Does 'Sorry' Incriminate? Evidence, Harm And The Meaning Of Apologies, Jeffrey S. Helmreich

Jeffrey S. Helmreich

Apology has proven a dramatically effective means of resolving conflict and preventing litigation. Still, many injurers, particularly physicians, withhold apologies because they have long been used as evidence of liability. Recently, a majority of states in the U.S. have passed “Apology Laws” designed to lift this disincentive, by shielding apologies from evidentiary use. However, most of the new laws protect only expressions of benevolence and sympathy (such as “I feel bad about what happened to you”). They exclude full apologies, which express regret, remorse or self-criticism (“I should have prevented it,” for example). The state measures thereby reinforce a prevailing …

.Compelling Orthodoxy: Myth And Mystique In The Marketing Of Legal Education, Kenneth Lasson

Kenneth Lasson

Abstract In many ways the story of modern legal education reads like a grim fairy tale, whose moral dénouement is no less compelling and perhaps more consequential than its fabulist forbears. Today's law schools are preoccupied with their reputations -- as much a survival instinct as anything else. The competition for bright students and talented faculty is more intense than ever, and marketing has increasingly come to be treated as a consideration at least as important as the actual academic enterprise. Thus do administrators seek to adopt a strategic identity plans – “building the brand” in the common parlance of …

Sleeping And Dreaming: How Law Firms Undermine Diversity And Increase Client Costs Through High Billable Hour Requirementsr, Theresa M. Beiner

Theresa M. Beiner

This article takes on two competing concerns that currently plague corporate counsel B the desire for a diverse legal workforce and a need to lower the costs of outside counsel. This article posits that in-house corporate counsel can achieve both these objectives by insisting that their outside counsel work less. Using data from a variety of disciplines, the article shows that not only are large law firms difficult places for women to succeed, but they also foster work environments that are inefficient and therefore cost clients more. Lowering billable hours will help solve both these problems. Studies of lawyers suggest …

Ethics In Publishing (10 Presentations), Susan R. Madsen, Jim Davis

Susan R. Madsen

To begin raising awareness of ethics and publishing concerns and educate doctoral students (future professors and practitioners) within the Academy of Management, Davis and Madsen facilitated 60-minute segments for 10 division's doctoral student consortium at the Academy of Management conference in Chicago. We brought journal editors/associate editors with us for each of our division presentation. Divisions: Business Policy & Strategy (BPS); Entrepreneurship (ENT); International Management (IMD); Managerial & Organizational Cognition (MOC); Organization & Management Theory (OMT); Organization Development & Change (ODC); Organizational Behavior (OB); Public & Nonprofit (PNP); Social Issues in Management (SIM); Technology and Innovation Management (TIM)

Information Overload, Multi-Tasking, And The Socially Networked Jury: Why Prosecutors Should Approach The Media Gingerly, Andrew Taslitz

Andrew E. Taslitz

The rise of computer technology, the internet, rapid news dissemination, multi-tasking, and social networking have wrought changes in human psychology that alter how we process news media. More specifically, news coverage of high-profile trials necessarily focuses on emotionally-overwrought, attention-grabbing information disseminated to a public having little ability to process that information critically. The public’s capacity for empathy is likewise reduced, making it harder for trial processes to overcome the unfair prejudice created by the high-profile trial. Market forces magnify these changes. Free speech concerns limit the ability of the law to alter media coverage directly, and the tools available to …

The Balanced Scorecard: An Intentional Academic Fraud?, David Randall Jenkins

David Randall Jenkins

The Kaplan and Norton 1992 Balanced Scorecard was intentionally structured to aid an Informal Capital Market Cartel in search of the next John Maynard Keynes.

Ethical Issues In Business And The Lawyer's Role, Robert J. Rhee, Carol Morgan, Tamar Frankel, Mark Fagan

Robert Rhee

No abstract provided.

The Emperor Gideon Has No Clothes: The Empty Promise Of The Constitutional Right Of Effective Assistance Of Counsel, Richard Klein

Richard Daniel Klein

No abstract provided.

What's Wrong With Economics? It Ignores The Pogo Principle: "We Have Met The Enemy And He Is Us", Jerry M. Evensky

Jerry Evensky

The piece begins with the proposition that the economic perspective on human activity must reflect the fact that human beings transact in a world defined for the actors by social norms. An analysis of the crisis of 2008 is offered as a demonstration of the value of adopting such a broader perspective. Part two offers a historical model based on Adam Smith’s Moral Philosophy of such a broader analysis. The piece closes with the case that the history of ideas offers alternative perspectives on the questions we explore in economics today and thus can serve as a valuable resource for …

Ethics In In Research And Publication Process: Panel, Luca Gnan, Susan R. Madsen, Jim Davis

Susan R. Madsen

With the fairly recent and highly publicized breaches of ethics among members of the business community, there is a need to re-examine specific strategies employed in all kinds of organizations. Many business faculty members are comfortable teaching ethics in the classroom, but are we (as scholars and educators) appropriately challenging our own ethical practices? To assist in raising awareness of ethical concerns within the EURAM, we believe it is important to focus discussions on challenging our own ethics, particularly as faculty members in our various roles. Although there are professional ethical codes, there have been few venues for dialogue. This …

Ethics In Publishing: Doctoral Colloquium, Jim Davis, Susan R. Madsen

Susan R. Madsen

To begin raising awareness of ethics and publishing concerns and educate doctoral students (future professors and practitioners) within EURAM, Ethics Education committee members from the AOM would like to facilitate a 90-minute segment in the doctoral colloquium. We will bring two journal editors/associate editors with us to assist.

Managing Toxic Leaders: Dysfunctional Patterns In Organizational Leadership And How To Deal With Them, Marco Tavanti

Marco Tavanti

This study reviews different typologies of toxic leaders in organizations-from bullies to narcissistic leaders. Unfortunately, toxic leaders are a painful but common reality in many organizations. Their destructive behaviors and dysfunctional personal characteristics often generate enduring poisonous effects on those they lead. They are identified by selfish outcomes in their decision-making and how they leave subordinates worse off than when they began. What distinguishes excellent from average managers is their ability to effectively manage dysfunctional leaders in the workplace. Even though some organizations may promote or simply tolerate toxic leaders for economic or political reasons, the long-term impact on the …

Introductory Note: Symposium On Lawyering And Personal Values – Responding To The Problems Of Ethical Schizophrenia, Samuel J. Levine

Samuel J. Levine

In recent years, legal practitioners and scholars alike have identified a growing crisis in the legal profession. Increasingly, lawyers feel dissatisfied with the roles they are expected to play and the conduct demanded of them. In particular, many lawyers see a widening gap between their personal values and those employed in legal practice. In response to the dichotomy between personal and professional values, some lawyers attempt to develop a corresponding dichotomy in their personalities, separating the “professional self” from the “personal self.” Such a response, however, may lead to a kind of “ethical schizophrenia,” a condition in which an individual …

A Look At American Legal Practice Through A Perspective Of Jewish Law, Ethics, And Tradition: A Conceptual Overview, Samuel J. Levine

Samuel J. Levine

Levine examines the roles of legislative and judicial bodies, in the context of a discussion of broader principles of legislation in the Jewish legal system. In recent years, American legal scholars have increasingly looked to Jewish law as a model of an alternative legal system that considers many of the issues present in the American legal system. In relation to the roles of legislative and judicial bodies, the Jewish legal system provides a particularly illuminating contrast to the American legal system, in part because in Jewish law, the same authority, the Sanhedrin, or High Court, serves in both a legislative …

All Your Eggs In One Basket: Why Contract Law Proves Unreliable In Frozen Embryo Adoption Cases, Austin R. Caster

Austin R Caster

This article will show why infertile couples cannot unequivocally rely on good faith, consensual contracts in cases of assisted reproductive technology because the law is so unsettled. Each section will show why, because of alleged public policy implications, contract doctrines or clauses such as (1) the termination of parental rights, (2) the doctrine of waste, and (3) liquidated damages still remain almost completely unreliable in a matter regarding assisted reproductive technology. Though this uncertainty affects infertile couples trying to complete their families through various methods including adoption, surrogacy, in vitro fertilization, and artificial insemination, this article will focus on cases …

Legal Services Lawyers And The Influence Of Third Parties On The Lawyer-Client Relationship: Some Thoughts From Scholars, Practitioners, And Courts, Samuel J. Levine

Samuel J. Levine

Among the challenges facing the lawyer who renders legal services to clients with limited means are ethical and professional questions relating to the influence of third parties on the lawyer-client relationship. Although all lawyers may potentially face ethical dilemmas involving third parties, legal services lawyers are particularly vulnerable to such issues because, unlike most lawyers, legal services lawyers generally rely on the financial support of someone other than their client. These challenges may take many forms, affecting a variety of ethical and professional considerations. Levine examines a number of areas in which bar association committees, scholars, and courts have addressed …

Professionalism Without Parochialism: Julius Henry Cohen, Rabbi Nachman Of Breslov, And The Stories Of Two Sons, Samuel J. Levine

Samuel J. Levine

Professor Levine addresses the question of whether the practice of law a business or a profession and looks at sources where practitioners might draw inspiration for ethical behaviors. He examines two works: a 1916 book by Julius Henry Cohen - The Law: Business or Profession?; and a tale by Chasidic master Rabbi Nachman of Breslov. Both works tell the story of two sons from two different fathers with different ethical natures that manifest in their different choices of and approaches to their careers. Professor Levine uses these two parables to suggest that a more inclusive question than those posed above: …

Taking Prosecutorial Ethics Seriously: A Consideration Of The Prosecutor's Ethical Obligation To Seek Justice In A Comparative Analytical Framework, Samuel J. Levine

Samuel J. Levine

This article examines the complex nature of the prosecutor's broad obligation to seek justice through a consideration of the similarly broad directive in Jewish law requiring that "in all [of] your ways acknowledge [God]." While many have critiqued the broad directives governing a prosecutor's ethical duties, through this comparative analytical framework it can be seen that the prosecutor's broad ethical directive to seek justice serves as a workable and appropriate standard for prosecutorial ethics. In many ways, a prosecutor faces an ethical obligation unlike other attorneys. Ethical obligations require that a prosecutor forgo conduct that would increase the likelihood of …

Conducting Industrial And Organizational Psychological Research: Institutional Review Of Research In Work Organizations, Daniel R. Ilgen, Bradford S. Bell

Bradford S Bell

Although informed consent is a primary mechanism for insuring the ethical treatment of human participants in research, both federal guidelines and APA ethical standards recognize that exceptions to it are reasonable under certain conditions. But agreement about what constitutes reasonable exceptions to informed consent sometimes is lacking. The research presented the same protocols to samples of respondents drawn from four populations –Institutional Reviewer Board (IRBs) members, managers, employees, and university faculty who were not members of IRBs. Differences in perceptions of IRB members from the other samples with respect to the risks of the protocols without informed consent and on …

Resolving The Tension In Aristotle's Ethic: The Balance Between Naturalism And Responsibility, David E.W. Fenner

David E. W. Fenner

...It is clear that there exists in the history of ethics the problem that naturalist systems of ethics frequently fall prey to the entailment of behavioral determinism. If this occurs, it robs the ethic of doing any real work. Instead of proscribing correct and incorrect action, or allowing those considering the situation and activity to meaningfully assign praise or blame, the naive naturalist ethic functions only as a psychological thesis: that one will behave according to whatever psychological or mechanical program one is informed by.The question of this paper was whether Aristotle's system falls prey to such a difficulty given …

Resolving Medical Futility Disputes, Thaddeus M. Pope, Donna Casey

Thaddeus Mason Pope

No abstract provided.