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Mindful Ethics - A Pedagogical And Practical Approach To Teaching Legal Ethics, Developing Professional Identity, And Encouraging Civility, Jan L. Jacobowitz, Scott L. Rogers

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Aristotle spoke of virtue and ethics as a combination of practical wisdom and habituation-an individual must learn from the application of critical reasoning skills to experience. Perhaps one of the earliest proclamations of the value of experiential learning, the Aristotelian view, reappears throughout history and is captured once again by the Carnegie Foundation's Report on Legal Education, which includes a call for instruction that provides practical skills and ethical grounding to complement the teaching of legal analysis. The Carnegie Report continues to play a role in the ongoing discussion of the need to reform legal education; a debate that is …

Cultivating Professional Identity & Creating Community: A Tale Of Two Innovations, Jan L. Jacobowitz

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No abstract provided.

Legal And Ethical Concerns About Sexual Orientation Change Efforts, Tia Powell, Edward Stein

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No abstract provided.

Ethics And International Law: Integrating The Global Justice Project(S), Steven R. Ratner

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Academic discourse on global justice is at an all-time high. Within ethics and international law, scholars are undertaking new inquiries into age-old questions of building a just world order. Ethics – political and moral philosophy – poses fundamental questions about responsibilities at the global level and produces a tightly reasoned set of frameworks regarding world order. International law, with its focus on legal norms and institutional arrangements, provides a path, as well as illuminates the obstacles, to implementing theories of the right or of the good. Yet despite the complementarity of these two projects, neither is drawing what it should …

Rhyme Or Reason:That Is The Question?, Jim Roche

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Noting that “the aesthetic should not be limited merely to the way things look” the organisers of this conference sought “in part to address the discursive limitation in architecture and related subjects by broadening the aesthetic discourse beyond questions relating to purely visual phenomena in order to include those derived from all facets of human experience”.

So where does etchics come in? Well, the introductory brochure noted that most philosophical trained aestheticians will say that “the aesthetic is everything” hinting perhaps of the necessity for a more haptic experience of architecture. It also drew on Wittgenstein’s quote that “ethics and …

The Mindful Law School: An Integrative Approach To Transforming Legal Education, Scott L. Rogers

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No abstract provided.

Legal Ethics And Federal Taxes, 1945-1965: Patriotism, Duties, And Advice, Michael Hatfield

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This article is devoted to exploring the legal ethics writings by tax lawyers in a pivotal period of income tax history: 1945-1965, the first two decades of the federal income tax as we now know it. Although the income tax began in 1913, it was World War II that created the modem mass income tax: in 1939 there were 3.9 million individual income tax taxpayers but by 1945 there were 42.6 million. This period was also one of significant progress in the administration of the income tax: the Internal Revenue Code was re-organized in 1954 and, following widespread corruption scandals, …

Mad Money: Wall Street's Bonus Obsession, Jeanne L. Schroeder

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No abstract provided.

Support Of Non-Biological Children In Jewish Law, J. David Bleich

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Adoption as a legal institution is unknown in Jewish law. Suppression of parental identity, as generally occurs in closed adoption, is banned “lest the earth become filled with licentiousness” (Leviticus 19:29). Rabbinic tradition interprets that verse as expressing concern regarding the possibility of a future incestuous marriage. Nevertheless, raising an orphan in one’s home is regarded as highly meritorious. However, binding obligations of support and maintenance can be undertaken only by means of contract. Such a contract in favor of a stepchild may be verbal if entered into at the time of marriage. Otherwise, a formal kinyan, i.e., one of …

The Leadership Quarterly: An International Journal Of Political, Social And Behavioral Science, Michael Palanski, Francis Yammarino

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Although a leader's integrity seems to be essential for effective leadership, no empirical studies have examined the relationship between leader behavioral integrity (the consistency between words and actions) and follower job performance. Further, no empirical studies have examined how follower behavioral integrity might also impact job performance. Using data from three studies, we addressed these issues by testing the effects of leader and follower behavioral integrity on follower job performance. Study 1 was an online experiment in which behavioral integrity was manipulated in written scenarios; Study 2 was a field study; and Study 3 was a longitudinal lab study with …

Tax Lawyers, Tax Defiance, And The Ethics Of Casual Conversation,, Michael Hatfield

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This essay is to help tax lawyers decide how to handle casual conversations centered on denying, defying, or destroying the tax system. One option is to walk away, ending the conversation and silencing the dialogue. The next option is to engage. I want to persuade tax lawyers that they should usually engage in the conversation. I try to do this in Part III.

There are two kinds of legal ethics essays, and one must choose which kind to write, and it is useful to the reader to know upfront which kind the author chose to write. One kind begins with …

Corporate Social Responsibility And The Future Healthcare Manager, Sandra Collins

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The decisions and actions of healthcare managers are often times heavily scrutinized by the public. Given the current economic climate, managers may feel intense pressure to produce higher results with fewer resources. This could inadvertently test their moral fortitude and their social consciousness. A study was conducted to determine what Corporate Social Responsibility (CSR) Orientation and Viewpoint future healthcare managers may hold. The results of the study indicate that future healthcare managers may hold patient care in high regard as opposed to profit maximization. However, the results of the study also show that future managers within the industry may continue …

Reseacher As Whistleblower: The Ethical Challenges Posed By Sensitive Research, Tom Clonan

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This paper will explore the complex ethical issues raised when ‘non traditional’ insider research is conducted in sensitive and secretive workplace settings. The paper will outline the experiences of the author between 1996 and 2000 - as a Captain in the Irish Army - when he conducted PhD research into the status and roles assigned female personnel in the Irish military. This research uncovered evidence of the widespread bullying, harassment, sexual harassment and sexual assault of female soldiers, sailors and air crew in the Irish military. The paper will address a number of ethical issues as they apply to the …

Broadening Ethics Teaching In Engineering: Beyond The Individualistic Approach, Eddie Conlon, H. Zandvoort

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There is a widespread approach to the teaching of ethics to engineering students in which the exclusive focus is on engineers as individual agents and the broader context in which they do their work is ignored. Although this approach has frequently been criticised in the literature, it persists on a wide scale, as can be inferred from accounts in the educational literature and from the contents of widely used textbooks in engineering ethics. In this contribution we intend to: (1) Restate why the individualistic approach to the teaching of ethics to engineering students is inadequate in view of preparing them …

What Scribner Wrought: How The Invention Of Modern Dialysis Shaped Health Law And Policy, Sallie Thieme Sanford Sanfords@Uw.Edu

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In March 1960, Clyde Shields, a machinist dying from incurable kidney disease, was connected to an "artificial kidney" by means of a U-shaped Teflon tube that came to be known as the Scribner shunt. By facilitating long-term dialysis, Dr. Belding Scriber’s invention changed chronic kidney failure from a fatal illness to a treatable condition. This medical advance has, in turn, had a profound impact on key areas of health law and policy. This paper focuses on the historical roots and current context of three interrelated areas: ethical allocation of scarce medical resources; public financing of expensive health care; and decisions …

Trick Or Treat: The Ethics Of Mediator Manipulation, Jim Coben, Lela P. Love

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Much of what good mediators do can be characterized as “helpful interventions” that assist the parties towards legitimate goals such as a better understanding, a platform for developing options, and (where the parties choose) an agreement or settlement. However, all such “helpful interventions” are inevitably "manipulative," in the sense that the mediator is, often unilaterally, making “moves” with profound impact on the parties’ bargaining. To evaluate the ethics of any individual move, the authors propose asking two questions: 1) does the move further or help a legitimate party or process goal that advances party self-determination in decision-making; and 2) is …

Managing Indigenous Knowledge And Traditional Cultural Expressions: Is Technology The Solution?, Amber T. Burtis

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This paper discusses current issues surrounding the management of indigenous knowledge (IK) and traditional cultural expressions (TCEs) in libraries, archives and other cultural institutions. It addresses the need for: (1) ethical policies for the management of these knowledge systems, (2) critical approaches to the dominant library paradigm of information management, (3) recent efforts by the World Intellectual Property Organization and the American Library Association to craft policy on this topic, and (4) the need for and examples of collaboration with indigenous communities. Implications for social change with the implementation of socially responsible management systems are also considered.

A Black Robe And Healing Words: Constants In A Changing World, Sallie Thieme Sanford Sanfords@Uw.Edu

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This narrative article describes a bedside hospital hearing to compel surgery, notes the applicable legal standards, and considers the potential impact of the judge in this type of proceeding. The patient, whose back was badly burned, adamantly and vocally refused skin graft surgery. Her physicians believed she lacked decisional capacity; that belief was borne out during the hearing at which the judge did enter an order for surgery. The judge’s handling of the hearing was central to the patient’s expressed agreement with the decision and subsequent successful treatment.

The Professional Ethics Of Billing And Collections, Mark A. Hall, Carl E. Schneider

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Medicine is a Profession on which physicians rely for their livelihood and patients for their lives. If physicians do not charge for services, they cannot survive. If patients cannot afford those services, they cannot survive. No wonder many physicians have long agreed that fees are “one of the most difficult problems . . . between patient and physician.” For years comprehensive insurance subdued this problem, but currently widespread underinsurance and consumer-directed health care are reviving it. Even as the ranks of the uninsured continue to increase,the latest hope for controlling medical costs requires insured patients to pay for much more …

Towards A Model Of Critical Ethics To Inform The Research Process In Postgraduate Research, Aidan Kenny

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The ethics narrative has become embedded in the contemporary research process, as evident in the emergence of Ethical Committees in faculty and both public and private organisations. Ethics have been codified, made visible and accessible as text artefacts in the forms of (both voluntary and regulatory) codes, statements, conventions, guidelines, principles, procedures, practices. In this short paper I explore this codification of ethics from the period post WWII, detailing some of the milestone text artefacts.

Macniven V. Westmoreland And Tax Advice Using “Purposive Textualism” To Deal With Tax Shelters And Promote Legitimate Tax Advice, Scott A. Schumacher

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The last few years have seen a flurry of activity aimed at the tax shelter industry. Beginning with the “covered opinion” rules of Treasury Circular 230 in 2005, the government has adopted several changes to the standards applicable to tax advice, all in an effort stop abusive tax shelters. Most recently, both Congress (in 2007) and Treasury (in 2008) have revised the standards applicable to tax advice to require that a position have a “more likely than not” chance of succeeding on the merits, or the position must be disclosed to the IRS. While the government’s desire for reform is …

Deconstructing The Duty To The Tax System: Unfettering Zealous Advocacy On Behalf Of Lesbian And Gay Taxpayers, Anthony C. Infanti

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In this article, I consider how the tax lawyer's generally-acknowledged duty to the tax system should be applied in the representation of lesbian and gay clients. Due to the significant initial advantages that taxpayers are thought to have over the government in the tax compliance and enforcement process, this duty to the tax system requires a tax lawyer to avoid both questionable positions and the temptation to play the audit "lottery." The tax lawyer is asked to temper the zealousness of her advocacy in this way in order to preserve the integrity and, ultimately, the proper functioning of the tax …

Auf Der Suche Nach Einer Authentischen Architektur; Ein Gespräch Mit Glenn Murcutt Und Juhani Pallasmaa, Noel Brady

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The article is a record of a conversation on architectural ethics between the author and Glenn Murcutt and Juhani Pallasmaa.

Reconciliation: The Search For An Authentic Architecture, Noel Brady

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Glenn Murcutt and Juhani Pallasmaa in conversation with author discussing various architectural concepts and ideas

Interdisciplinary Clinical Teaching Of Child Welfare Practice To Law And Social Work Students When World Views Collide, Kathleen Coulborn Faller, Frank E. Vandervort

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Because child welfare cases in the world of professional practice require interdisciplinary collaboration, it would seem to follow that graduate students, who will become child welfare professionals, should be trained together, both in the classroom and in clinical settings. However, the implementation of interdisciplinary training is far from straightforward. In this Article, we focus on law and social work students. First, we describe the roles of lawyers and social worker in child welfare work. Next we argue that interdisciplinary classroom teaching is easier than clinical teaching, proposing a series of topics to be covered in an interdisciplinary course. Finally, we …

Biotechnology Entrepreneurship And Ethics: Principles, Paradigms, And Products, Patricia C. Kuszler

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Biotechnology, whether in the context of new drugs derived from DNA and genetic technology, genetically modified food, or biologics making use of living cells, raises ethical concerns at a variety of different levels. At the research level, there is concern that the very nature of research is being subverted, rather than enhanced, by entrepreneurship. This area of ethical concern has intensified in the United States as a result of the conflicts of interests resulting from the growing alliance between University academia and private industry in the research enterprise. As we travel down the research path into development of a drug …

Absolutism And The Confidentiality Debate: Confidentiality And Journalists Sources,, Michael Foley

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Sources confidentiality is the one absolute in journalism. A guarantee never to divulge the name of a confidential sources is part of all codes of conduct and is the one clause that never contains a qualification, such as 'save where the public interest demands otherwise'. However, there are problems with this rule, especially when it is used by public relations practitioners or is used when it is clearly not in the public interest.

Teaching Ethics/Doing Justice, Anthony V. Alfieri

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No abstract provided.

Capturing The Dialectic Between Principles And Cases, Kevin D. Ashley

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Theorists in ethics and law posit a dialectical relationship between principles and cases; abstract principles both inform and are informed by the decisions of specific cases. Until recently, however, it has not been possible to investigate or confirm this relationship empirically. This work involves a systematic study of a set of ethics cases written by a professional association's board of ethical review. Like judges, the board explains its decisions in opinions. It applies normative standards, namely principles from a code of ethics, and cites past cases. We hypothesized that the board's explanations of its decisions elaborated upon the meaning and …

Retrying Race, Anthony V. Alfieri

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No abstract provided.