Digital Commons Network^™

The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, Statesman Or Scribe? Legal Independence And The Problem Of Democratic Citizenship, Aziz Rana

Aziz Rana

No abstract provided.

Curing Congress’S Ills: Criminal Law As The Wrong Paradigm For Congressional Ethics, Josh Chafetz

Josh Chafetz

No abstract provided.

The Three Rs: The Way Forward, Michael Balls, Alan M. Goldberg, Julia H. Fentem, Caren L. Broadhead, Rex L. Burch, Michael F.W. Festing, John M. Frazier, Coenraad F.M. Hendriksen, Margaret Jennings, Margot D.O. Van Der Kamp, David B. Morton, Andrew N. Rowan, Claire Russell, William M.S. Russell, Horst Spielmann, Martin Stephens, William S. Stokes, Donald W. Straughan, James D. Yager, Joanne Zurlo, Bert F.M. Van Zutphen

Andrew N. Rowan, DPhil

This is the report of the eleventh of a series of workshops organised by the European Centre for the Validation of Alternative Methods (ECVAM), which was established in 1991 by the European Commission. ECVAM's main goal, as defined in 1993 by its Scientific Advisory Committee, is to promote the scientific and regulatory acceptance of alternative methods which are of importance to the biosciences and which reduce, refine or replace the use of laboratory animals. One of the first priorities set by ECVAM was the implementation of procedures which would enable it to become well-informed about the state-of-the-art of non-animal test …

Enslaved, Katina Michael

Associate Professor Katina Michael

This performance art piece was delivered by Katina Michael at the Intelligence Squared (IQ2) debate at the City Recital Hall, Sydney, Australia. The topic of the debate was “Are we becoming enslaved by our technology?” Joining Katina on the affirmative side was Crikey’s correspondent for politics, media and economics Mr Bernard Keene, and Dimension Data’s general manager of security and internet safety Alastair McGibbon. On the negative side was Peter Singer, Professor of Bioethics at Princeton University, backed by journalist, filmmaker and blogger, Mr Antony Loewenstein, and Ms Asher Wolf, a self-described ‘information activist’. The debate was moderated by Dr …

Revised Aicpacode Of Professional Conduct: Analyzing The Ethical Responsibilities For Members In Public Practice And Members In Industry, Steven Mintz

Steven Mintz

On June 1, 2014, the AICPA issued a codification of the principles, rules, interpretations, and rulings in the AICPA Code of Professional Conduct that specify which ethics provisions apply to members in public practice, members in business, and other members. A major improvement of the revised code is the creation of three sections for members in different areas of practice, to assist accounting professionals in each group to determine whether they are in violation of any of provision of the revised code. This paper explains those provisions as they apply to different members of the Institute.

Full Legal Representation For The Poor: The Clash Between Lawyer Values And Client Worthiness, Michelle S. Jacobs

Michelle S Jacobs

This article seeks to expand the scope of our understanding of values and their connection to the work of poverty lawyers. The article explores the literature on poverty and moral worthiness. In order to bring clarity to the discussion, it examines social science research on defining "values" and detailing how they can affect behavior. Prof. Jacobs describes the reactions of clinical students to a classroom exercise, which asked them to describe the legal representation they would provide to hypothetical clients. This article describes how the link between students' values and broader societal beliefs affect the practices of the bar and …

Faculty Ethics In Law School: Shirking, Capture, And "The Matrix", Jeffrey L. Harrison

Jeffrey L Harrison

The primary focus of this essay is the ethical dimension of the decisions faculty governance requires law professors to make. This essay is devoted to the proposition that conditions are ideal for most law schools to be governed for the benefit of the faculty at the expense of the welfare of students and others (stakeholders) who expect to be served by the law school. This section also suggests that faculty shirking, if it occurs, stems primarily from a lack of respect for those whom the law school serves. Section II addresses the second step. Having described shirking and capture in …

Reconceptualizing The Expert Witness: Social Costs, Current Controls And Proposed Responses, Jeffrey L. Harrison

Jeffrey L Harrison

Unlike virtually any other business, expert witnesses are not typically held accountable in either tort or contract law for their commercial activities. This means that many are inclined to deliver what the market demands - partisan, biased, or plainly dishonest testimony - without concern for the costs this testimony may impose on others. This immunity from the internalization of the social cost of their testimony is hard to reconcile with any moral or economic standard. Harsh judicial reactions to some experts and a slight increase in expert witness liability may signal that a change in the privileged status of experts …

On Integrity: Some Considerations For Water Law, Christine A. Klein

Christine A. Klein

Expanding upon the aspects of integrity protected under the Clean Water Act, this Article will explore the relevance to water law of chemical,physical, ecosystem, social, and ethical integrity. Just as the Clean Water Act intended to prevent unacceptable "perturbations" of ecosystems, so also this Article will consider the extent to which the law itself may work an unacceptable perturbation of fundamental hydrologic and social principles. In many instances, water policy compartmentalizes the law in ways that have little to do with hydrologic reality and in ways that are antithetical to wholeness and integrity. Examples include the legal bifurcation of surface …

Religious Freedom & Closely Held Corporations: The Hobby Lobby Case & Its Ethical Implications, Corey A. Ciocchetti

Corey A Ciocchetti

Hobby Lobby and its quest for religious freedom captured the attention of a nation for a few moments in late June 2014. The country homed in on the Supreme Court as the justices weighed the rights of an incorporated, profit-making entity run by devout individuals that objected to particular entitlements granted to women under the Affordable Care Act. The case raised important legal issues such as whether the law allows for-profit corporations to exercise religion (yes!) and whether protection for religious freedom trumps the rights of third parties to cost free preventive care (sort of!). The Supreme Court’s decision also …

Legal Education After Law School: Lessons From Scotland And Englan, Clark D. Cunningham

Clark D. Cunningham

This Article addresses the issue of the needed collaboration between law schools and law firms about legal education after law school. The author proposes pilot projects be launched to increase collaboration between legal academics and law firms in the provision of legal education after law school. The Article suggests that the programs emulate the close partnerships that exist between the legal academy and legal profession in England and Scotland. The Article acknowledges why the training of lawyers is different now than in the past. The author compares the American law firm training programs with the post school education that takes …

The Ethical Climate And Context Of Organizations: A Comprehensive Model, Anke Arnaud Dr., Marshall Schminke

Dr. Anke Arnaud

Traditional approaches to understanding the ethical context of organizations often focus on ethical work climate, which reflects the collective moral reasoning of organization members. However, such approaches overlook other components of the ethical environment that may influence how ethical judgments translate to ethical behavior. This study extends our understanding of the ethical context of organizations by considering how three distinct aspects of that context collective moral reasoning (ethical climate), collective moral emotion, and collective ethical efficacy interact to influence ethical behavior. Results from 117 work units support our hypotheses. Implications and suggestions for future research are discussed.

Is Food Marketing Making Us Fat? Fat Cats Vs Dogmatists., Stephen S. Holden

Stephen S Holden

For many, it seems obvious that food marketing is making us fat. The anger and outrage that was once evoked by tobacco companies is now being repackaged and aimed at ‘Big Food’ (Hennessy, 2014). But is it justified, is food marketing the cause of obesity? And in any case, does outrage and dogmatism help solve the problem? This paper suggests that blaming the marketers, both Big Food and "lazy leisure", is a disputable claim, and dangerously shifts responsibility from individuals to external agents.

An Examination Of Personal Values And Value Systems Of Chinese And U.S. Business Students, Don Giacomino, Xin Li, Michael D. Akers

Michael D. Akers

Using the Rokeach Value Survey and the Musser and Orke typology this paper examines the personal values and value systems of business students in China and compares the results with the results of a recent study that used similar methodology to examine the values and value systems of U.S. students. The study also examines the differences in values and value systems of the Chinese students by gender and by major. While there are few differences for the Chinese students by gender, our findings show several differences in the rankings of values by the Chinese and U.S. students as well as …

Corporate Boardroom Diversity: Why Are We Still Talking About This?, Lawrence J. Trautman

Lawrence J. Trautman Sr.

What exactly is board diversity and why does it matter? How does diversity fit in an attempt to build the best board for any organization? What attributes and skills are required by law and what mix of experiences and talents provide the best corporate governance? Even though most companies say they are looking for diversity, why has there been such little progress? Are required director attributes, which are a must for all boards, consistent with future diversity gains and aligned with achieving high performance and optimal board composition? My goal is to provide answers to these questions, and to discuss …

Limits Of Disclosure, Steven M. Davidoff, Claire A. Hill

Steven Davidoff Solomon

One big focus of attention, criticism, and proposals for reform in the aftermath of the 2008 financial crisis has been securities disclosure. Many commentators have emphasized the complexity of the securities being sold, arguing that no one could understand the disclosure. Some observers have noted that disclosures were sometimes false or incomplete. What follows these issues, to some commentators, is that, whatever other lessons we may learn from the crisis, we need to improve disclosure. How should it be improved? Commentators often lament the frailties of human understanding, notably including those of everyday retail investors—people who do not understand or …

The Packbots Are Coming, Katina Michael, M.G. Michael

Professor Katina Michael

High-tech robots called PackBots will be unleashed during the 2014 FIFA World Cup in Brazil to help boost security and examine suspicious objects. The Brazilian government purportedly spent US$7.2 million to buy 30 military-grade robots from designers iRobot that will police the stadiums throughout Brazil’s 12 host cities during soccer matches. PackBot is a hunk of metal with an extendable arm and tactile claw, jam-packed on-board sensors and a computer with overheat protection, nine high-resolution cameras and lasers and two-way audio. But is it overkill to implement wartime robots to a sporting event?

The Transition From Participation To Facilitation Of Supervision: An Autoethnography, Daniel V. Maffia

Daniel V. Maffia

This autoethnography examines the journey from being a participant of supervision to a facilitator of supervision. The researcher documents his journey using journals to express his experiences facilitating supervision for a group of medical interpreters working in the hospital setting. The purpose of this study is to gather data that could guide future trainings for facilitators of supervision. The supervision group consisted of both American Sign Language/English and Spanish/English medical interpreters. As a newer interpreter to the field with limited medical interpreting experience, it was expected that the researcher might face difficulties successfully facilitating supervision sessions for that staff. It …

Ethically Ambiguous Negotiation Tactics (Eants): What Are The Rules Behind The Rules?, John Wade

John Wade

This paper will briefly discuss the following: • A catalogue of the EANTs in use in negotiation and litigation. • How common are these behaviours amongst lawyers? • What are the attempted controls (or not) of these EANTs in different cultures?---market isolation, law, and “ethics”? • Focussing on attempted ethical controls, what are the five (often overlapping) historic schools of “ethics”? • Which school of “ethics” do various written codes of law societies predominantly reflect? –answer: pragmatism and self interest. • If the epidemic of EANTs needs to be reduced, should pragmatism and self interest be taught and modelled more …

Legal Compliance And Window Dressings Do Not Make It Ethical, Jaap Vos

Jacobus J. "Jaap" Vos

Presentation for annual ethics session of APA Idaho.

Displaying Human Remains In Italy, Why It Matters To Italian Museums: Research, Ethics, And Repatriation, Vincent Barraza

Vincent Barraza

Past Desires And The Dead, Steven Luper

Steven Luper

I examine an argument that appears to take us from Parfit’s [Reasons and Persons, Oxford: Clarendon Press (1984)] thesis that we have no reason to fulfil desires we no longer care about to the conclusion that the effect of posthumous events on our desires is a matter of indifference (the post-mortem thesis). I suspect that many of Parfit’s readers, including Vorobej [Philosophical Studies 90 (1998) 305], think that he is committed to (something like) this reasoning, and that Parfit must therefore give up the post-mortem thesis. However, as it turns out, the argument is subtly equivocal and does not commit …

The Absurdity Of Life, Steven Luper

Steven Luper

No abstract provided.

Retroactive Harms And Wrongs, Steven Luper

Steven Luper

According to t he immunity thesis, nothing that happens after we a re dead harms or benefits us . It seems defensible on the following basis : 1. If harmed (benefitted) by something , we incur the harm (benefit) at some time. 2. So if harmed (benefitted) by a postmortem event, we incur the harm (benefit) while alive or at some other time . 3. But if we incur the harm (benefit) while alive , backwards causation occurs. 4. And if we incur the harm (benefit) at any other time, we incur it at a time when we do not …

The Anatomy Of Aggression, Steven Luper

Steven Luper

No abstract provided.

Adaptation, Steven Luper

Steven Luper

No abstract provided.

Combatant’S Privilege Reconsidered, Harry Van Der Linden

Harry van der Linden

International law grants to legitimate combatants the right to kill enemy soldiers both in wars of aggression and defensive wars. A main argument in support of this “combatant’s privilege” is Michael Walzer’s doctrine of the “moral equality of soldiers.” The doctrine argues that soldiers fighting in wars of aggression and defensive wars have the same moral status because they both typically believe that justice is on their side, and their moral choices are equally severely restricted by the overwhelming coercive powers of the state, including propaganda, conscription, and harsh penalties for the refusal to fight. Recently, this doctrine has been …

Forum Proceedings From “Uavs: Pros Vs Cons Symposium” In Toronto, Canada, June 2013, Katina Michael

Associate Professor Katina Michael

Unmanned Aerial Systems (UAS), widely referred to as drones, are becoming increasingly relevant in civilian as well as military applications. UAS have been used by emergency services to help respond to and map environmental crises, to find missing people, to fight fires, and respond to traffic accidents. Their use in policing and border patrol functions is being trialled in many Western countries. Like other recent technologies (mobile phones etc), as they become cheaper and easier to use, they are likely to become much more prevalent in civilian life across a range of applications.

This conference will examine the current state …

Embodying Law In The Garden: An Autoethnographic Account Of An Office Of Law, Matilda Arvidsson

Dr Matilda Arvidsson

Based on an autoethnographical study of the office of the tingsnotarie this article questions the relation between the ethical self and the act of taking up a judicial office, employing the question of how I can live with (my) law. While the office and the ethical self are kept apart, often by recourse to persona, I make a case for the attendance to the self in examinations of ethical responsibility when pursuing an office of law. I propose that the garden, and in particular the practices and notions of (en)closure, (loss of) direction, cultivation, (dis)order, authorship and care-for-the-other which are …

Hospital Costs And Clinical Characteristics Of Continuous Renal Replacement Therapy Patients: A Continuous Ethical Dilemma, Alberto Coustasse

Alberto Coustasse, DrPH, MD, MBA, MPH

This study describes the clinical characteristics and examines hospital costs involved in the care of 117 patients undergoing Continuous Renal Replacement Therapy (CRRT) between January 1999 and August 2002. The majority (70.9%) of the patients undergoing CRRT expired in the hospital. Statistically significant differences were found with respect to the length of stay for discharge status and gender; and with respect to costs for surgery versus no surgery and gender. Significant differences were also found between discharge status and gender, age, and cardiovascular surgery. The results of this study raise economic and ethical questions related to the cost/benefit of CRRT …