Digital Commons Network^™

Implementing Namebers Using Microchip Implants: The Black Box Beneath The Skin, Katina Michael, M.G. Michael

Associate Professor Katina Michael

The use of electronic-based physical access cards to secure premises such as government buildings and large corporate offices has been in operation since the inception of bar code and magnetic-stripe cards in the 1970s. Over time, for secure access control, these first generation card technologies based on optical character recognition (OCR) and magnetic ink character recognition (MICR) were replaced by more sophisticated technologies such as smart cards and biometrics, containing encrypted data and techniques which were more difficult to dupe or to replicate \cite{michael2003a}.

An employee today wanting to gain access to their place of work, typically carries a photo …

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.

Social Media And Legal Ethics, Jonathan I. Ezor

Jonathan I. Ezor

A presentation on the legal issues arising out of attorney use of social media services, including for electronic discovery

Ondervraging Van Irakese En Afghaanse Insurgents: De Nederlandse Ervaringen, George Dimitriu

George Dimitriu

Gedurende de afgelopen jaren is de Nederlandse Krijgsmacht een aantal jaren actief geweest in Irak en Afghanistan waarbij honderden mensen gevangen zijn genomen en zijn ondervraagd. In tegenstelling tot veel andere landen die ook in Irak en Afghanistan actief zijn of waren, zoals de Verenigde Staten, Groot-Brittannië, Spanje en Canada, is Nederland tot op heden gevrijwaard gebleven van een groot martelschandaal of een binnenlandse discussie. Afgezien van een incident in 2006 toen krantenkoppen Nederlanders betichtten van marteling tijdens de missie in Irak, is er maar weinig voorgevallen. Bovendien luwde de ophef over het vermeende martelincident in Irak al snel. Hoe …

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.

Analysis Of Organizational Ethics, Evan Slavitt

Evan Slavitt

Whether an organization is ethical or not has become an increasingly important question both in public and legislative discourse as well as in the application of tort and criminal law. Historical approaches to organizational ethics have either attempted to evade the problem or sought to use paradigms developed for individuals. This Article reviews the various models that have already been proposed and explains why those models are unsatisfactory, focusing particularly on the attempts to articulate an organizational substitute for individual intent. The article then proposes a new framework that differentiates the various aspects of organizations and clarifies how ethical questions …

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 …

Does 'Sorry' Incriminate? Evidence, Harm And The Meaning Of Apologies, Jeffrey S. Helmreich

Jeffrey S. Helmreich

Apology has proven a dramatically effective means of resolving conflict and preventing litigation. Still, many injurers, particularly physicians, withhold apologies because they have long been used as evidence of liability. Recently, a majority of states in the U.S. have passed “Apology Laws” designed to lift this disincentive, by shielding apologies from evidentiary use. However, most of the new laws protect only expressions of benevolence and sympathy (such as “I feel bad about what happened to you”). They exclude full apologies, which express regret, remorse or self-criticism (“I should have prevented it,” for example). The state measures thereby reinforce a prevailing …

.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 …

Sleeping And Dreaming: How Law Firms Undermine Diversity And Increase Client Costs Through High Billable Hour Requirementsr, Theresa M. Beiner

Theresa M. Beiner

This article takes on two competing concerns that currently plague corporate counsel B the desire for a diverse legal workforce and a need to lower the costs of outside counsel. This article posits that in-house corporate counsel can achieve both these objectives by insisting that their outside counsel work less. Using data from a variety of disciplines, the article shows that not only are large law firms difficult places for women to succeed, but they also foster work environments that are inefficient and therefore cost clients more. Lowering billable hours will help solve both these problems. Studies of lawyers suggest …

Funding Gideon's Promise By Viewing Excessive Caseloads As Conflicts Of Interests, Heidi R. Anderson

Heidi R Anderson

Some states recently have attempted to legislate around a defendant’s constitutional right to effective assistance of counsel via a novel two-step method. Step one is to allocate insufficient funds for public defense, which results in excessive caseloads for public defenders. Sadly, that step is nothing new. Step two—the one that has slipped by without sufficient notice or criticism—is to bar a public defender from withdrawing from representation based on his excessive caseload. Ultimately, this statutory two-step further entrenches the systematic deprivation of defendants’ Sixth Amendment rights to effective assistance.

In this article, I urge courts to “constitutionalize” the excessive caseload …

Ethics In Publishing (10 Presentations), Susan R. Madsen, Jim Davis

Susan R. Madsen

To begin raising awareness of ethics and publishing concerns and educate doctoral students (future professors and practitioners) within the Academy of Management, Davis and Madsen facilitated 60-minute segments for 10 division's doctoral student consortium at the Academy of Management conference in Chicago. We brought journal editors/associate editors with us for each of our division presentation. Divisions: Business Policy & Strategy (BPS); Entrepreneurship (ENT); International Management (IMD); Managerial & Organizational Cognition (MOC); Organization & Management Theory (OMT); Organization Development & Change (ODC); Organizational Behavior (OB); Public & Nonprofit (PNP); Social Issues in Management (SIM); Technology and Innovation Management (TIM)

Information Overload, Multi-Tasking, And The Socially Networked Jury: Why Prosecutors Should Approach The Media Gingerly, Andrew Taslitz

Andrew E. Taslitz

The rise of computer technology, the internet, rapid news dissemination, multi-tasking, and social networking have wrought changes in human psychology that alter how we process news media. More specifically, news coverage of high-profile trials necessarily focuses on emotionally-overwrought, attention-grabbing information disseminated to a public having little ability to process that information critically. The public’s capacity for empathy is likewise reduced, making it harder for trial processes to overcome the unfair prejudice created by the high-profile trial. Market forces magnify these changes. Free speech concerns limit the ability of the law to alter media coverage directly, and the tools available to …

College Counseling Dilemmas, John Frahlich

Ohio College Access Network

This Powerpoint presentation accompanies a session provided by John Frahlich at OACAC Summer Institute which focuses on the Ethics of Counseling. Specific elements of SPGP are addressed and scenarios proposed for discussion.

The Balanced Scorecard: An Intentional Academic Fraud?, David Randall Jenkins

David Randall Jenkins

The Kaplan and Norton 1992 Balanced Scorecard was intentionally structured to aid an Informal Capital Market Cartel in search of the next John Maynard Keynes.

Ethical Issues In Business And The Lawyer's Role, Robert J. Rhee, Carol Morgan, Tamar Frankel, Mark Fagan

Robert Rhee

No abstract provided.