Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Moonlighting Sonata: Conflicts, Disclosure And The Scholar/Consultant, Jeffrey L. Harrison, Amy R. Mashburn
Moonlighting Sonata: Conflicts, Disclosure And The Scholar/Consultant, Jeffrey L. Harrison, Amy R. Mashburn
UF Law Faculty Publications
Although the impact of conflicting interests is of constant concern to those in legal education and other fields, a recent scholarly article and an extensive analysis in the New York Times suggest the problem is more pressing than ever. In the context of legal scholarship the problem arises when a professor is, in effect, employed by two entities. Disclosure of possible conflicts is the most commonly proposed response. The article argues that disclosure is merely a risk shifting devise that does not fully address the issue of bias. It draws on comparisons with products liability and legal ethics to suggest …
Conflicts As Inner Trials: Transitions For Clients, Ideas For Lawyers, Jonathan R. Cohen
Conflicts As Inner Trials: Transitions For Clients, Ideas For Lawyers, Jonathan R. Cohen
UF Law Faculty Publications
As times of transition, conflicts often produce significant inner trials for parties. This paper categorizes some of the more common inner trials parties in conflict face (e.g., coping with loss, strong emotions, uncertainty, etc.) and suggests that, as liminal times in people’s lives, some conflicts may also hold within them important opportunities for learning, growth and self-definition. This paper also offers some ideas for how lawyers might best assist clients during such transitions.