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Professional Ethics Opinion 89-3, Attorney Responsibility To Disabled Or Dysfunctional Client, David F. Forte

Law Faculty Articles and Essays

When an attorney files suit on behalf of a client and later has reason to believe the client is incompetent, what should the attorney do? Can the case be settled? Can the attorney move for the appointment of a guardian ad litem? The article is an excerpt from an ethics opinion which answers these questions.

Kant's Political Theory And Philosophy Of History, Philip J. Kain

Philosophy

Kant combined two traditional approaches in his political theory, reference to a utopian and ideal universal moral order in common with Plato, Thomas More, and Jean Jacques Rousseau and an analysis of the pursuit of individual self-interest leading to the establishment of laws that enable citizens to satisfy their interests, like Thomas Hobbes, Niccolò Machiavelli, and Adam Smith. Kant focused on the international level, arguing that following the categorical imperative would arrange a society equitably while national commercial self-interest would lead to a league of nations to adjudicate international disputes. Kant was unique in providing both a theory of an …

Towards The Poetic, Noel Brady

Other resources

The thesis purports to build a theory for the analysis and synthesis of architecture. It identifies a poetic strutcure which contextualises the production of arhcitecture while aspiring towards universal themes of dwelling and belonging. Using a number of case studies it uses deep reading of the artefacts to confirm the theoretical concepts.

Record Of Motions And Votes From The March 31, 1989 Meeting Of The New York City Charter Revision Commission, New York City Charter Revision Commission

David G. Trager Papers from the NYC Charter Revision Commissions: Dec. 1986-Nov. 1988 & Dec. 1988-Nov. 1989

This is the record of motion and votes for the March 31, 1989 meeting of the New York City Charter Revision Commission. This document along with several others were originally contained in a binder labeled, "Materials re: First Private Hearing (Ethics)."

Minutes Of The February 16, 1989 Meeting Of The New York City Charter Revision Commission, New York City Charter Revision Commission

David G. Trager Papers from the NYC Charter Revision Commissions: Dec. 1986-Nov. 1988 & Dec. 1988-Nov. 1989

These are the minutes of the February 16, 1989 meeting of the New York City Charter Revision Commission. (See transcript of the February 16, 1989 meeting of the New York City Charter Revision Commission.) The primary purpose of this meeting was to discuss the upcoming public hearings. This document along with several others were originally contained in a binder labeled, "Materials re: First Private Hearing (Ethics)."

Transcript Of The February 16, 1989 Meeting Of The New York City Charter Revision Commission, New York City Charter Revision Commission

David G. Trager Papers from the NYC Charter Revision Commissions: Dec. 1986-Nov. 1988 & Dec. 1988-Nov. 1989

This is the transcript from the February 16, 1989 meeting of the New York City Charter Revision Commission. (See minutes of the February 16, 1989 meeting of the New York City Charter Revision Commission.) The main purpose of the meeting was to discuss the upcoming public hearings. This document along with several others were originally contained in a binder labeled, "Materials re: First Private Hearing (Ethics)."

Minutes Of The January 20, 1989 Meeting Of The New York City Charter Revision Commission, New York City Charter Revision Commission

David G. Trager Papers from the NYC Charter Revision Commissions: Dec. 1986-Nov. 1988 & Dec. 1988-Nov. 1989

These are the minutes of the January 20, 1989 meeting of the Members of the Commission. (See transcript of the January 20, 1989 meeting of the New York City Charter Revision Commission.) At the meeting, members discussed the Commission's short term work plan. Issues addressed by members included local government, campaign finance, public construction, land use, oversight, and government works. This document along with several others were originally contained in a binder labeled, "Materials re: First Private Hearing (Ethics)."

Transcript Of The January 20, 1989 Meeting Of The New York City Charter Revision Commission, New York City Charter Revision Commission

David G. Trager Papers from the NYC Charter Revision Commissions: Dec. 1986-Nov. 1988 & Dec. 1988-Nov. 1989

This is the transcript of the January 20, 1989 meeting of the Charter Revision Commission. (See minutes of the January 20, 1989 meeting of the New York City Charter Revision Commission.) At the meeting, members discussed the Commission's short term work plan. Issues addressed by members included local government, campaign finance, public construction, land use, oversight, and government works. This document along with several others were originally contained in a binder labeled, "Materials re: First Private Hearing (Ethics)."

Living Without Rights-- In Manners, Religion, And Law, Richard Stith

Law Faculty Publications

No abstract provided.

Quest For The Religious Freud: Faith, Morality, And Gender In Psychoanalysis, Diane Jonte-Pace

Religious Studies

The recent scholarship on Freud is guilty of the same kind of ideological projection as that uncovered by Albert Schweitzer in his 1906 exposé of the assumptions underlying the "historical Jesus" scholarship: the search for the religious Freud evinces a search for an atheist, Christian, or Jew who mirrors the personal and intellectual assumptions of the seeker. Ironically, of the three issues emerging as central concerns in recent literature on Freud-Jewishness, ethics, and gender-Jewishness and ethics were also the focus of heated debate among nineteenth-century Biblical scholars.

Wanted: An Ethos Of Personal Responsibility—Why Codes Of Ethics And Schools Of Law Don't Make For Ethical Lawyers, Daniel S. Kleinberger

Faculty Scholarship

This article: (1) argues that neither codes of professional ethics nor traditional modes of law school teaching do much to produce ethical lawyers; (2) asserts that ethics codes and the presuppositions of the adversary system work to alienate lawyers from a sense of individual responsibility; (3) critiques the conceptual connection between the adversary system and codes of lawyer ethics; (4) critiques the conventional approach to teaching legal ethics in law schools; (5) invokes the approach to ethical analysis championed by the German sociologist and social theorist Max Weber; and (6) explains how that approach, coupled with traditional tools of legal …

The Politics Of Transplantation Of Human Fetal Tissue, George J. Annas

Faculty Scholarship

Research involving human fetal tissue has been the subject of intense political debate in this country for almost two decades, and the use of fetal tissues in transplantation continues this controversy in another forum. Since Roe v. Wade ,1 the landmark decision on abortion by the U.S. Supreme Court in 1973, the federal government has focused public attention on fetal research by creating panels of experts. "3 This conclusion was accepted on a vote of 15 to 2, and included recommendations that the decision to abort be kept independent of the decision to retrieve and use fetal tissue, that recipients …

The Pervasive Method Of Teaching Ethics, David T. Link

Journal Articles

The law school curriculum at Notre Dame is based on a two-faceted mission statement that the faculty developed in 1974. Moral values are central to both facets: (1) to be an outstanding teaching school that prepares competent and compassionate attorneys whose decisions are guided by the values and morality that Notre Dame represents; (2) to promote leading contributions to the development of the law, the system of justice, the legal profession, and legal education, through faculty scholarship and institutional projects that embody important qualities of the Notre Dame value system. We intend to dedicate as much intensity to sensitizing our …

Should A Christian Lawyer Serve The Guilty?, Thomas L. Shaffer

Journal Articles

People who teach or practice law are in some ways like public executioners or the Air Force officers who watch over the buttons that will send nuclear missiles into action: Other people, ordinary people, want to know what we do to overcome what seem to ordinary people to be moral obstacles to doing what we do.

What ordinary people say to lawyers, and what my students say when they first come to law school, when they are still more ordinary people than they are law students, is this: How can lawyers lend their skills and talents to the representation of …

Less Suffering When You're Warned: A Response To Professor Lewis, Thomas L. Shaffer

Journal Articles

Professor Lewis' comment is a lucid brief for warning clients that their lawyers have moral limits. It begins with a generous description of the discussion Professor Freedman and I had on the subject of moral limits. I am able, as a result, to summarize the exchanges quickly: Professor Freedman's original proposition, in these pages, was that once the lawyer-client relationship is in place, it is immoral for the lawyer to refuse to seek the client's legal objectives; it is immoral for the lawyer to invoke her own conscience to prevent the client from obtaining what the law allows the client …

Lawyers As Officers Of The Court, Eugene R. Gaetke

Law Faculty Scholarly Articles

Lawyers like to refer to themselves as officers of the court. Careful analysis of the role of the lawyer within the adversarial legal system reveals the characterization to be vacuous and unduly self-laudatory. It confuses lawyers and misleads the public. The profession, therefore, should either stop using the officer of the court characterization or give meaning to it. This Article proposes certain modifications of the existing rules of professional responsibility that would bring lawyers' actual obligations more in line with those suggested by the label of officer of the court.

Authority And Value: Reflections On Raz's Morality Of Freedom, Donald H. Regan

Articles

Joseph Raz's The Morality of Freedom1 is full of subtle, original, and thought provoking arguments. It also manifests abundantly Raz's philosophical good sense and sensitivity to the complexities of the moral life. These are reasons enough to class it with the handful of genuinely important books whose appearance in the last two decades has constituted a renaissance in political philosophy. But in my opinion, Raz has another, and even stronger claim on our attention: He comes closer to the truth about political morality than anyone has for nearly a century. (Possibly much longer, but we need not attempt to decide …