Digital Commons Network^™

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 …

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, …

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.

Ethics, The Legacy Of The Reverend Doctor Martin Luther King, Jr., And The Movement Toward Environmental Justice, Beverly Mcqueary Smith

Beverly McQueary Smith

No abstract provided.

Ethics Defines The Professional, Ginny Whitehouse

Ginny Whitehouse

A thorough understanding of ethics is what will separate professional journalists from someone with a lambasting opinion and an internet portal. As more technology becomes available to a wider audience, journalists will capture their market and define their distinctiveness through their integrity. Knowing how to make ethical decisions will be the skill set that sets professional journalists apart.

Informed Consent And Dual Purpose Research, Bradford S. Bell, Daniel R. Ilgen

Bradford S Bell

The ethical treatment of human participants in psychological research is regulated by both federal guidelines and the ethical standards of the American Psychological Association (APA). Under certain circumstances, however, both APA standards and federal regulations allow for exceptions for informed consent. In spite of the possibility of exception, a number of factors have made it difficult to conduct and publish research that does not incorporate informed consent. The authors consider these factors and propose 2 approaches that may reduce reluctance to consider exceptions to informed consent under appropriate circumstances. First, journals should not rely on informed consent as the only …

Children’S Participation In Research: Some Possibilities And Constraints In The Current Australian Research Environment, Anne Graham, Robyn Margaret Fitzgerald

Professor Anne Graham

This article draws attention to a number of critical issues that exist in the current Australian research context which simultaneously enable and constrain children’s participation in research. These include prevailing understandings of children and childhood, the emerging research assessment environment and the ethical frameworks that regulate children’s involvement in qualitative research. The discussion is framed by a number of questions that remain unsettled for the authors as they attempt to pursue research with and for children and young people that is unselfconsciously focused on ‘improving’ rather than ‘proving’ the social conditions that shape their lives.

Philadelphia Lawyers: Policing The Law In Pennsylvania, Brian K. Pinaire, Milton Heumann, Christian Scarlett

Brian K. Pinaire

Unlike other professions within the Commonwealth, Pennsylvania attorneys “police” themselves, meaning that ethical infractions and ramifications of criminal convictions are addressed not by the government, but rather by disciplinary entities within the profession. Recent socio-legal and social science research has addressed the various statutory “collateral consequences” that attach to criminal convictions, but we know comparatively little about consequential discipline instituted outside the purview of the state. Based on an examination of 419 disciplinary dispositions from 2005-2009, as well as interviews with elites, this study provides the first-ever examination of the process and legal-political implications of peer-policing of the law in …

Opening Pandora’S Box: An Empirical Exploration Of Judicial Settlement, Peter Robinson

Peter R. Robinson

The article is an empirical study of, among other things, what judges do when they are facilitating a settlement and they believe the outcome is substantially different from what they believe would be the usual range of outcomes at trial. The topic is important because many authors have expressed concern about the blurring of the judicial roles of settlement facilitator and decision maker. it documents that judges are largely unconcerned, which raises many policy questions.

Another piece of good news is that this is the fourth in a series of law review articles and is empirically based. A literature review …

Executive Compensation: The Role Of Shari’A Compliance, William Marty Martin, Karen Hunt Ahmed

Karen Hunt Ahmed

Abstract Purpose The purpose of this paper is to illuminate issues surrounding executive compensation as it relates to current understandings of Islamic business law. Methodology We review the emerging bodies of literature in the fields of executive compensation and opinions of stock options under Shari’a law. Findings It appears that the trend in offering employee stock options as part of a Shari’a compliant compensation package is acceptable in most cases, yet because of its close association with the more problematic idea of derivative transactions, the company must be vigilant in obtaining the approval from its Shari’a Standards Board before offering …

Executive Compensation: The Role Of Shari’A Compliance, William Marty Martin, Karen Hunt Ahmed

William Marty Martin

Abstract Purpose The purpose of this paper is to illuminate issues surrounding executive compensation as it relates to current understandings of Islamic business law. Methodology We review the emerging bodies of literature in the fields of executive compensation and opinions of stock options under Shari’a law. Findings It appears that the trend in offering employee stock options as part of a Shari’a compliant compensation package is acceptable in most cases, yet because of its close association with the more problematic idea of derivative transactions, the company must be vigilant in obtaining the approval from its Shari’a Standards Board before offering …

Assessing The Foundations Of Neo-Classical Professionalism In Law And Business, Robert E. Atkinson Jr.

Robert E. Atkinson Jr.

This paper offers a neo-classical approach to corporate reform: Remodeling the private practice of corporate law and the management of for-profit business to make both occupations better serve, together, their proper public functions. Without dismissing the recent focus of reform on external regulation of corporations or internal restructuring of corporate governance, this paper seeks the foundation for a different approach, encouraging corporate managers and lawyers as professionals to serve their occupation’s correlate values: prosperity and justice. This focus on the primary agents of modern capitalism, corporate managers and lawyers, responds both to early management reformers like Brandeis in the U.S. …

Hard Lessons: The Role Of Law Schools In Addressing Prosecutorial Misconduct, Lara Bazelon

Lara A. Bazelon

This Article approaches prosecutorial misconduct from a pedagogical perspective by exploring the ways in which law school clinicians can teach their students how to confront the problem proactively and in-the-moment, with an eye toward reducing its rate of occurrence and blunting its corrosive effect. Prosecutorial misconduct is a serious problem that strikes at the heart of a criminal defendant’s constitutional right to a fair trial. More broadly, it has the potential to impact the integrity of the criminal justice system as a whole. Educating law school students in criminal clinics about this issue before they become prosecutors and criminal defense …

Reflections On The Practice Of Law As A Religious Calling, From A Perspective Of Jewish Law And Ethics, Samuel J. Levine

Samuel J. Levine

This Essay is based on introductory remarks Levine delivered at the inaugural conference of the Pepperdine Institute on Law, Religion, and Ethics, "Can the Ordinary Practice of Law be a Religious Calling?," held on February 6-7, 2004 at Pepperdine University School of Law. In thinking about the practice of law as a religious calling, Levine argues that we should first consider the broader issue of the general relevance of religion to various areas of life, including work. From a perspective of Jewish law and ethics, moral conduct comprises an imperative at home and at the workplace no less than at …

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 …

The Created, The Fallen, And The Redeemed—The Symbolism Of The Federal Rules Of Evidence, Christopher G. Hastings, Nelson P. Milller, Curt A. Benson

Christopher G Hastings

The Federal Rules of Evidence, taken as a whole, represent an ethical system—not just norms, values, or cultural constructs but, moreover, a genuine way of comprehending the world consistent with our best understanding of how it would, if not constrained, truly operate. Underlying each rule are assumptions about the nature and dispositions of lawyers, clients, witnesses, jurors, and judges, as well as the nature of evidence itself. Those assumptions symbolize what the rules’ promulgators understand to be the imperatives of justice in a system peopled by the created, the fallen, and the redeemed. Citing each of the 67 Federal Rules …

Collaborating With A Digital Forensics Expert: Ultimate Tag-Team Or Disastrous Duo?, Sean L. Harrington

Sean L Harrington

No abstract provided.