Digital Commons Network^™

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 …

Contemporary Approaches To Trusts And Estates, Susan Gary, Jerome Borison, Naomi Cahn, Paula Monopoli

Paula A Monopoli

This book uses cases and statutory materials along with exercises and problems to integrate legal analysis and practice skills. The book can be used in a three- or four-credit course with or without the exercises, and sample syllabi are included in the Teacher’s Manual.

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

Paul R. Tremblay

No abstract provided.

Moral Conviction, Matthew Pianalto

Matthew Pianalto

We often praise people who stand by their convictions in the face of adversity and practice what they preach. However, strong moral convictions can also motivate atrocious acts. Two significant questions here are (1) whether conviction itself — taken as a mode of belief — has any distinctive value, or whether all the value of conviction derives from its substantive content, and (2) how conviction can be made responsible in a way that mitigates the risks of falling into dogmatism, fanaticism, and other vices. In response to the first question, I suggest that conviction has instrumental value that derives from …

Psychological Screening Of Children For Participation In Nontherapeutic Invasive Research, Ann Mccarthy, L. Richman, R. Hoffman, L. Rubenstein

Ann Marie McCarthy

BACKGROUND: The need for children to participate in research has raised concerns about ethical issues surrounding their participation. OBJECTIVES: To describe a protocol of preresearch psychological screening and postresearch outcomes and to present the results of the screening process for a nontherapeutic, invasive research study. DESIGN AND SETTING: Descriptive study carried out at The University of Iowa Hospitals and Clinics, Iowa City. PARTICIPANTS: Twenty-eight children (mean age, 10.6 years) were screened, with 4 not completing the research study and another 4 unavailable for psychological follow-up. MAIN OUTCOME MEASURES: Prescreening interviews with parent and child and screening measures of appropriate child …

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 …

Unitary Pattern-Based Praxis: A Nexus Of Rogerian Cosmology, Philosophy, And Science [Corrected] [Published Erratum Appears In Visions 2008;15(1):28], Howard Butcher

Howard K. Butcher

Unitary pattern-based praxis is a nexus of Rogerian cosmology, philosophy, and science designed to inform practice/research using the praxis processes of pattern manifestation knowing-appreciation and voluntary mutual patterning. The unitary pattern-based praxis model is: an explication of Rogerian cosmology, ontology, epistemology, aesthetics, ethics, postulates, principles, and selected theories; a fusion of cosmology, philosophy, and science with the pattern manifestation knowing-appreciation and voluntary mutual patterning praxis processes for use in both research and patient care contexts; a syntheses Barrett's and Cowling's Rogerian practice methodologies into one comprehensive model; and, a model that places the unitary field pattern portrait research method within …

Rogerian Ethics: An Ethical Inquiry Into Rogers's Life And Science, Howard Butcher

Howard K. Butcher

No abstract provided.

Implications Of Utility And Deontology For The Clinical Nurse Specialist, Lioness Ayres

Lioness Ayres

Faced with prospective payment plans and personnel shortages nurses in advanced clinical practice are under pressure to find practical solutions. These solutions may reflect the institutional philosophy of utility rather than the traditional nursing ethic of deontology, illustrating the need to examine the differences between utilitarian and deontological principles as they affect nursing practice. This paper discusses deontology and utility as they apply to nursing practice, considers how these different philosophical positions may affect advanced practitioners, and describes the current status of ethics in nursing.

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 …

Categorical Imperative As The Source Of Morality, Joyce Lazier

joyce lazier

No abstract provided.

Ethics And Experience: Life Beyond Moral Theory, Harry Gensler, S.J.

Harry J. Gensler, S.J.

The article reviews the book "Ethics and Experience: Life Beyond Moral Theory," by Timothy Chappell.

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

Contemporary Approaches To Trusts And Estates, Susan N. Gary, Jerome Borison, Naomi R. Cahn, Paula A. Monopoli

Paula A Monopoli

This book uses cases and statutory materials along with exercises and problems to integrate legal analysis and practice skills. The book can be used in a three- or four-credit course with or without the exercises, and sample syllabi are included in the Teacher’s Manual.

Courage In The Holocaust, Lawrence Raful

Lawrence Raful

No abstract provided.

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 …

.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 …

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.

Basing The Evaluation Of Professionalism On Observable Behaviors: A Cautionary Tale, Shiphra Ginsburg, Glenn Regehr, Lorelei Lingard

Lorelei Lingard

PROBLEM STATEMENT AND BACKGROUND: The evaluation of professionalism often relies on the observation and interpretation of students' behaviors; however, little research is available regarding faculty's interpretations of these behaviors.

METHOD: Interviews were conducted with 30 faculty, who were asked to respond to five videotaped scenarios in which students are placed in professionally challenging situations. Behaviors were catalogued by person and by scenario.

RESULTS: There was little agreement between faculty about what students should and should not do in each scenario. Abstracted principles (e.g., honesty, altruism) were defined and applied inconsistently, both between and within individual faculty. There was no apparent …

Emerging Forms Of Covert Surveillance Using Gps-Enabled Devices, Roba Abbas, Katina Michael, M.G. Michael, Anas Aloudat

Professor Katina Michael

This paper presents the real possibility that commercial mobile tracking and monitoring solutions will become widely adopted for the practice of non-traditional covert surveillance within a community setting, resulting in community members engaging in the covert observation of family, friends, or acquaintances. This paper investigates five stakeholder relationships using scenarios to demonstrate the potential socio-ethical implications that tracking and monitoring people will have on society at large. The five stakeholder types explored in this paper include: (i) husband-wife (partner-partner), (ii) parent-child, (iii) employer-employee, (iv) friend-friend, and (v) stranger-stranger. Mobile technologies such as mobile camera phones, global positioning system data loggers, …

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 …

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 …