Law Commons^™

Emergent Neurotechnologies And Challenges To Responsibility Frameworks, Laura Cabrera, Jennifer Carter-Johnson

Akron Law Review

This article examines the emerging medical technology of deep brain stimulation (DBS), a type of brain implant, to determine its ethical and legal ramifications. Lawyers, philosophers, and ethicists have labored to define the conditions under which individuals are to be judged legally and morally responsible for their actions. But where does responsibility lie if a person acts under the influence of her brain implant? Do we hold the individual solely responsible for her actions? Can we attribute any blame to the device? What about the engineers who designed it, or the manufacturer? The neurosurgeon who implanted it, or the neurologist …

The Error Of The Paquete Habana: U.S. Naval Forces In The Safe Harbor Of Commander-In-Chief Discretion And The Law Of War, T. Nelson Collier

St. Mary's Law Journal

Abstract forthcoming.

Technocapital@Biglaw.Com, Bruce A. Green, Carole Silver

Northwestern Journal of Technology and Intellectual Property

The transformative potential of technology in legal practice is well recognized. But wholly apart from how law firms actually use technology is the question of what law firms say about how they use and relate to technology—in particular, how law firms communicate whether technology matters and has value in what they do. In the past, firms in the BigLaw category, especially at the top echelon, have grounded their reputations on the credentials and achievements of their lawyers. In this paper, we explore whether elite law firms use technology similarly by describing it as an additional tool of inter-firm competition—a sort …

Texas: A Weak Governor State, Or Is It?, Ron Beal

St. Mary's Law Journal

The current Texas Constitution was adopted in 1876 and was written after the Civil War and the Reconstruction Period when Federal troops occupied the State. The general perception is that the Federal troops used the Governor, in essence, to impose a form of dictatorship over the people. It was clearly the intent of the new constitution’s framers to create a very weak governor form of government in order to spread its powers to many independently elected officials. It provided that the state officers who were appointed by the Governor and approved by the Senate were semi-independent from the Governor by …

“Lawyers’ Work”: Does The Court Have A Legitimacy Crisis?, Lackland Bloom

St. Mary's Law Journal

Talk of the Supreme Court’s legitimacy is pervasive. It can’t be avoided by anyone paying attention. The question this article addresses is does the Supreme Court have a legitimacy crisis. The title “Lawyers’ Work” is taken from Justice Scalia’s dissenting opinion in Planned Parenthood v. Casey in which he declared that as long as the Court decides cases by engaging in “Lawyers’ Work” the public will leave it alone. This article concludes that Justice Scalia was partially though not entirely correct.

The article begins by considering the concept of judicial legitimacy as developed and studied by political scientists. Next it …

History, Norms And Conflicting Loyalties In The Office Of Attorney General, Nancy Virginia Baker

Mercer Law Review

A sincere thank you to Patrick Longan and Mercer Law Review for organizing this timely and important symposium on ethics and professionalism in the Office of the U.S. Attorney General. It is such a fascinating office to study, at the nexus of law and politics.

I was a college undergraduate during Watergate, when I first became aware there was an office of attorney general. In graduate school, my interest in it piqued when Edwin Meese was nominated by Ronald Reagan. From then on, I have focused my research on the U.S. Attorney General, especially the duality inherent in the office. …

Civil Unrest And The Role Of The Attorney General: A Comparison Of Ramsey Clark To William Barr, Lonnie T. Brown Jr.

Mercer Law Review

This article compares and contrasts the manner in which former Attorneys General Ramsey Clark and William Barr dealt with racially-motivated civil unrest. Clark faced this challenge multiple times during the tumultuous late 1960s. Barr, on the other hand, dealt with such unrest in 1992 and again in 2020 following the police-killing of George Floyd. The respective strategies taken by these two men reveal much about their personal values and how those may have, rightly or wrongly, shaped their perspectives on the attorney general’s role. More importantly, Clark’s and Barr’s conflicting approaches in carrying out their responsibilities in addressing social discord …

Serving A Lawless President, William R. Casto

Mercer Law Review

What does an Attorney General do when confronted with a lawless President? At first glance, the answer is easy, but on second thought, a realistic answer is complicated. The answer is complicated because the phrase “lawless president” is not necessarily pejorative. In fact, western leaders have always exercised a prerogative power to throw the law overboard when they see fit. Some of our greatest Presidents have followed this path. Thomas Jefferson did, as did Abraham Lincoln and Franklin Roosevelt.

So what does the President’s Attorney General do? The law and principles of professional responsibility offer a clear answer to the …

Foreward, Patrick Longan

Mercer Law Review

No abstract provided.

Partisanship And The Attorney General Of The United States: Timely Lessons From Edward Levi And Griffin Bell About Repairing A Politicized Department Of Justice, Patrick E. Longan, James P. Fleissner

Mercer Law Review

The proper role of the Attorney General of the United States has been much in the news in recent years. William Barr received scathing criticism for how he handled the Mueller Report regarding Russian interference in the 2016 election; the sentencing of President Trump’s associate, Roger Stone; the charges against President Trump’s first national security adviser, Michael Flynn; and numerous other matters.

Mr. Barr’s critics accused him of perverting his office from one that served the rule of law in a nonpartisan fashion into one that catered to President Trump’s personal and political desires. Many of these critiques condemned Barr’s …

Multijurisdictional Practice And Transactional Lawyers: Time For A Rule That Is Honored Rather Than Honored In Its Breach, James Geoffrey Durham, Michael H. Rubin

Louisiana Law Review

Model Rule 5.5 of the American Bar Association’s Model Rules of Professional Conduct1 addresses two interrelated issues: the unauthorized practice of law, which applies to lawyers and nonlawyers alike, and multijurisdictional practice, which applies to lawyers who are licensed to practice in one state but whose work may involve or take them to states where they are not licensed.

Employment Arbitration Agreements: The Case For Ethical Standards For Dispute Resolution System Designers, Michael L. Russell

Pepperdine Dispute Resolution Law Journal

Dispute resolution design is an emerging field, both academically and professionally. Attorneys, mediators, and arbitrators, the other roles in the alternative dispute resolution process, have codes of ethics which guide their conduct. Dispute resolution designers, however, have no such guidelines. This article uses the example of mandatory arbitration agreements in the employment context to illustrate why this lack of ethical guidelines for dispute resolutions designers is problematic. In recent years, mandatory arbitration agreements significantly impacted employment law and litigation. The two most problematic provisions that often appear in mandatory arbitration agreements in the workplace context are cost sharing provisions and …

أ.د. محمد رياض الخاني ، المبادىء الأخلاقية التي يجب أن يتحلى بها الطبيب في ممارسته لمهنته الطبية

UAEU Law Journal

استأثرت الأعمال الطبية التقليدية العلاجية والجراحية ، ومازالت ، بكثير من الاهتمام علىكافة الأصعدة ، القانونية ، والدينية الشرعية، والاجتماعية ، والنفسية ، والأدبية والأخلاقية ، والمالية وغيرها.

ولا ننسى في هذا المجال الإشارة إلى أن فقهاء الشريعة الإسلامية قد أشبعوا المواضيع المذكورة درساً وتمحيصاً ، ووصلوا إلى نتائج تكاد لا تفترق أو لا تختلف عن النتائج التي وصل إليها رجال القانون الوضعي في الإطار الجزائي والمدني والمهني أو المسلكي.

إلا أن تطور الفكر البشري وبعض الشرائع السكانية في المجتمعات العربية والإسلامية والغربية قد أبدل طبيعة الأعمال اليومية المعتادة للطبيب المعالج أو الجراح أو المولد وغيرهم، بحيث أصبحت أعمال من …

The Attorney-Client Privilege And Former Employees, Douglas R. Richmond

Catholic University Law Review

Attorney-client relationships are infused with confidentiality, and the attorney-client privilege is critical to the protection of sensitive and important communications between clients and their lawyers. Organizational clients, like individuals, are entitled to assert the attorney-client privilege concerning communications that fall within its scope.

In the organizational context, a common problem is determining who among the entity’s employees speaks on its behalf, such that communications between the entity’s lawyers and those employees may be protected against discovery by the organization’s adversaries and other third parties. And, of course, as organizations experience the inevitable turnover in their workforces, another issue surfaces: when, …

“We” The Jury: The Problem Of Peremptory Strikes As Illustrated By Flowers V. Mississippi, Kayley A. Viteo

St. Mary's Law Journal

Abstract forthcoming.

Legal Principles Of Acts Resulting From Patent Rights A Comparative Study Of Uae, Jordanian And French Legal Systems, Nouri Hamad Khater

UAEU Law Journal

Patent rights occupy an eminent position within the intellectual copyrights in general, and the industrial copyrights, in particular. Admitting patent rights resulted in several significant impacts at the legal and economic levels alike. Thus, patent legislations have closely focused on that issue. Among the most important impacts of such an issue are the articles governing the acts based on patent rights. Legislations have identified the basic legal principles governing these acts. Therefore, we find it highly essential to discuss these legislations, explain their principles and compare such basic principles to the general principles of legal acts. This study is based …

Legal Principles Governing Biological Ethics A Comparative Study In French Law And International Agreement, Fwaz Saleh

UAEU Law Journal

In 1953 the scientists Francis Crick and James Watson discovered the DNA structure. Ever since a terrific molecular biologic revolution is devastating the world taking us from one scientific discovery to another. These discoveries resulted in advanced knowledge in the fields of medicine and biology which increased the hope in discovering new medications for some chronic and incurable diseases - such as some dangerous hereditary diseases and the diabetes and the tremble disease and the early senility disease - a case which brings good to all humanity. But, on the other hand, if the scientific advancement in this field is …

Moral, Eeligious And Legal Sides Of Conducting Researches On Stem Cells, Fwaz Saleh

UAEU Law Journal

Scientific Progress in medicing, gentics, and biology has led to find out new applications that open wide horizons in treating some chronic diseases. One of these applications is conducting researches on stem cells.

Stem cells are defined as a group of undifferentiated calls that can multiply without losing their ability to be distinguished from all other kinds of cells. The fertilized egg is the typical example of the stem cells ehere it is considered the first embryo cell from which all the body cells come out.

The stem cells are regarded as the stars of the modern biology. It is …

Wrongful Incarceration Causes Substantial Bodily Harm: Why Lawyers Should Be Allowed To Breach Confidentiality To Help Exonerate The Innocent, Vania M. Smith

Catholic University Law Review

The Model Rules of Professional Conduct (MRPC) governs the conduct of lawyers and provides the framework for how individual states and territories craft their rules. Rules regarding confidentiality have been central through the many iterations of these rules since their inception. Client confidentiality protections are critical to establishing and maintaining the public trust in the profession. Rule 1.6 of the MRPC gives a lawyer the opportunity to divulge a client confidence under varying circumstances, including the prevention of “substantial bodily harm”. To date, this has not resulted in a wide interpretation that this exception includes wrongful incarceration. This article seeks …

Panel: Legal Ethics And The Environmental/Natural Resources Lawyer's Practices, John R. Leathers, Richard H. Underwood, Skip Stigger, Joseph J. Zaluski, Frank Dickerson, Donald H. Vish, W. Henry Graddy Iv, Thomas J. Fitzgerald

Journal of Natural Resources & Environmental Law

No abstract provided.

The Professional Liability Of The Legal Advisor: A Jordanian And English Law Perspective: A Critical Study, Nisreen Mahasneh, Ayman Khaled Masadeh

UAEU Law Journal

This study deals with the professional liability of the legal advisor. To attain this purpose it starts by distinguishing between a lawyer who represents his client before courts and a mere legal advisor who undertakes the paper work and consultations. This study tries to follow the position of the Jordanian Bar Law as to whether it recognizes this distinction between an agent lawyer and a mere lawyer who submits a legal advice. Moreover, there are particular duties which lie on a lawyer, the question being here whether the wordings of the provisions of the Jordanian Bar Law extend to cover …

The Electronic Press And Its Lack Of Responsibility

UAEU Law Journal

The electronic press is the most widespread form of mass media represented by press publication services through websites publishing news, reports, investigations and press articles. It enjoys a lot of freedom and self-expression; however, such excessive freedom and self-expression is not absolute, for there are standard morals of press occupation governed basically by general disciplines, such as honesty and truth which have the ultimate aim of improving the performance of mass media and controlling mass media for the benefit of society and its issues.

Individuals harmed as a result of electronic publication as well as those who suffer from slander …

Learning From The Past: Using Korematsu And Other Japanese Internment Cases To Provide Protections Against Immigration Detentions, Caleb Ward

Arkansas Law Review

One of the darkest periods in modern United States history is reoccurring with mixed public approval. During World War II, the United States government enacted executive orders creating a curfew, proscribing living areas, and forcing the exclusion and detention of all Japanese descendants from the West Coast. The United States justified these grievous freedom and equality violations through an increased need for national security “because we [were] at war with [Japan].” However, this perceived increased need for national security came from a fraudulent assessment showing any Japanese-American could be planning espionage or sabotage of the United States. After the war, …

The Commitment Of Comparative Legal Systems Of The Principle Of Pre- Contractual Good Faith At The Phase Of Negotiating Contract Terms, Mahmoud Fayyad

UAEU Law Journal

Jurists of comparative law still disagree about the legal nature of the principle of pre-contractual good faith and its recognition in comparative legal systems. A unified definition could not be concluded for this principle besides its role in organizing legal transactions. The author of this paper is seeking to provide a clear definition for this principle, to clarify its role in legal transactions, to provide specific criteria to actions that may be breach it. Finally an examination of the organization of this principle in those legal systems was conducted. The German, Latin, Common law, UNIDROIT principles and the principles of …

How And Why Did It Go So Wrong?: Theranos As A Legal Ethics Case Study, G.S. Hans

Georgia State University Law Review

The Theranos saga encompasses many discrete areas of law. Reporting on Theranos, most notably John Carreyrou’s Bad Blood, highlights the questionable ethical decisions that many of the attorneys involved made. The lessons attorneys and law students can learn from Bad Blood are highly complex. The Theranos story touches on multiple areas of professional responsibility, including competence, diligence, candor, conflicts, and liability. Thus, Theranos serves as a helpful tool to explore the limits of ethical lawyering for Professional Responsibility students.

This Article discusses the author’s experience with using Bad Blood as an extended case study in a new course on Legal …

Free Speech In The Balance: Judicial Sanctions And Frivolous Slapp Suits, Shine Sean Tu, Nicholas F. Stump

Loyola of Los Angeles Law Review

The balance between free speech and access to courts in defamation tort actions is fraught with public policy concerns. On one hand, plaintiffs should have unencumbered access to the justice system to remedy real harms brought upon them by defamatory statements. However, defamation suits should not be wielded to suppress the constitutionally protected free speech rights of news organizations and of concerned citizens that are vital for well-functioning democracies. This Article argues for a new type of remedy, namely enhanced Rule 11 attorney sanctions, such as suspension or debarment, that should be available to defendants of defamation suits brought by …

Controls For Conducting Scientific Experiments On Animals: An Analytical Study Of Jurisprudence, Dr. Mustafa Shamsuddin

UAEU Law Journal

The comprehensiveness of Islam is interpreted in its rules of the relationship of humankind to the entire world, and among these rules the connection of man to animals. There are several legal texts that show the necessity of kindness to animal and the prohibition of injustice against it, and this does not contradict with the purpose of the creation of animal itself which is for the interest of humankind. The issue of conducting scientific experiments on animal has been raised because of confusion in the weighing between the preservation of benefits and the prevention of harms. This study deals with …

Recent Trends In The Civil Liability Of Physicians And Its Consequences On Heightening Their Professional Obligations, Benseghir Mourad

UAEU Law Journal

Medical responsibility has developed rapidly due to scientific progress and modern medical discoveries. This has been reflected physicians’ practice and their involvement in medical interventions through the legal aspects of medicine and its scientific principles towards their patients. These factors have piled up to give us a new direction in the path of medical responsibility aimed primarily at balancing and protecting the interests of doctors and patients.

This study deals with a very important and precise issue, as it relates to the essence and the basis of the profession of human medicine, namely, the tendency to gradually tighten professional physicians' …

The Scope Of The Physician's Commitment To Inform The Patient Of The Medical Risks: A Comparative Study, Ahmed Jarad

UAEU Law Journal

In view of the frequent and emergent technological developments in equipment and machines for diagnosis, treatment, and the successive discoveries of biomedical research that may cause unusual damage to patients; and in regard to a growing public knowledge about the basic data related to many aspects of access to medical information, it was necessary to transfer the nature of the relationship between the doctor and his patient from absolute medical custody to the gradual partnership in taking the appropriate decision for medical intervention according to the patient's health situation. This ultimately requires to inform the patient immediately of his health …

Civil Liability For Damage Resulting From Genetically Modified Organisms (Gmos): A Comparative Study

UAEU Law Journal

The most serious damage to human and other living organisms at present is the damage of genetically modified organisms, where they can eventually be used as weapons of mass destruction in the form of a bacteriological war that destroys human civilization, we will present the problem in terms of: Identification of genetically modified organisms by determining their scope, and to identify the aspects of the damage resulting from them, and how to compensate each type of species, whether it is related to plant, animal, human or the environment. We then present the legal basis for civil liability resulting from damage …