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Articles 31 - 60 of 751
Full-Text Articles in Law
Ethical Duties Of Class Counsel Also Representing Class Representatives, Nancy J. Moore
Ethical Duties Of Class Counsel Also Representing Class Representatives, Nancy J. Moore
Faculty Scholarship
In their excellent article entitled May Class Counsel Also Represent Lead Plaintiffs?,1 Professors Bruce Green and Andrew Kent explore a particular aspect of two broader questions I have also addressed: (1) who should regulate class action lawyers;2 and (2) who will regulate class action lawyers?3 I, too, focused on lawyers' conflicts of interest; however, Professors Green and Kent focus even more specifically on conflicts arising from class counsel's simultaneous representation of both the class and individual clients who are serving or will serve as class representatives. Their concern is with three particular scenarios in which the class …
What An Ethics Of Discourse And Recognition Can Contribute To A Critical Theory Of Refugee Claim Adjudication, David Ingram
What An Ethics Of Discourse And Recognition Can Contribute To A Critical Theory Of Refugee Claim Adjudication, David Ingram
Philosophy: Faculty Publications and Other Works
Thanks to Axel Honneth, recognition theory has become a prominent fixture of critical social theory. In recent years, he has deployed his recognition theory in diagnosing pathologies and injustices that afflict institutional practices. Some of these institutional practices revolve around specifically juridical institutions, such as human rights and democratic citizenship, that directly impact the lives of the most desperate migrants. Hence it is worthwhile asking what recognition theory can add to a critical theory of migration. In this paper, I argue that, although its contribution to a critical theory of migration is limited, it nonetheless carves out a unique body …
Employment Arbitration Agreements: The Case For Ethical Standards For Dispute Resolution System Designers, Michael L. Russell
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 …
Legal Principles Governing Biological Ethics A Comparative Study In French Law And International Agreement, Fwaz Saleh
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 …
Wrongful Incarceration Causes Substantial Bodily Harm: Why Lawyers Should Be Allowed To Breach Confidentiality To Help Exonerate The Innocent, Vania M. Smith
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 …
How And Why Did It Go So Wrong?: Theranos As A Legal Ethics Case Study, G.S. Hans
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 …
Collared—A Film Case Study About Insider Trading And Ethics, Garrick Apollon
Collared—A Film Case Study About Insider Trading And Ethics, Garrick Apollon
St. Mary's Journal on Legal Malpractice & Ethics
This Article discusses the visual legal advocacy documentary film, Collared, by Garrick Apollon (author of this Article). Collared premiered in fall 2018 to a sold-out audience at the Hot Docs Cinema in Toronto for the Hot Docs for Continuing Professional Education edutainment initiative. Collared features the story and reveals the testimony of a convicted ex-insider trader who is still struggling with the tragic consequences of “the most prolonged insider trading scheme ever discovered by American and Canadian securities investigators.” The intimate insights shared by former lawyer and reformed white-collar criminal, Joseph Grmovsek, serves as a painful reminder of the …
Defying Nature: The Ethical Implications Of Genetically Modified Plants, Debra M. Strauss
Defying Nature: The Ethical Implications Of Genetically Modified Plants, Debra M. Strauss
Journal of Food Law & Policy
Genetic engineering is changing the semantics, the meaning of life itself. We're trying to usurp the plant's choice. To force alien words into the plant's poem, but we [have] a problem. We barely know the root language. Genetic grammar's a mystery.... We've learned a lot about the letters-maybe our ability to read and spell words now sits halfway between accident and design - but our syntax is still haphazard. Scrambled. It's a semiotic nightmare.
Is The Legal Profession Too Independent?, Limor Zer-Gutman, Eli Wald
Is The Legal Profession Too Independent?, Limor Zer-Gutman, Eli Wald
Marquette Law Review
Faced with mounting pressure to permit national law practice and increase
access to legal services for those who cannot afford to pay for them and
critiques about growing inequality and its failure to lead the battles for greater
gender and racial justice, the legal profession’s response has been to resist
reform proposals by invoking its independence. Lawyers and lawyers alone,
asserts the profession, ought to determine the pace and details of nationalizing
law practice, set the conditions under which nonlawyers and artificial
intelligence can offer legal services, and respond to growing inequality among
lawyers and concerns about the role lawyers …
Ethical Duty To Investigate Your Client?, Peter A. Joy
Ethical Duty To Investigate Your Client?, Peter A. Joy
Scholarship@WashULaw
Lawyers have been implicated in corporate scandals and other client crimes or frauds all too often, and the complicity of some lawyers is troubling both to the public and to members of the legal profession. This is especially true when the crime involved is money laundering. As a response to attorney involvement in crimes or frauds, some legal commentators have called for changes to the ethics rules to require lawyers to investigate their clients and client transactions under some circumstances rather than remaining “consciously” or “willfully” blind to what may be illegal or fraudulent conduct. The commentators argue that such …
Model Rule 8.4(G) And The Profession's Core Values Problem, Michael Ariens
Model Rule 8.4(G) And The Profession's Core Values Problem, Michael Ariens
Faculty Articles
Model Rule 8.4(g) declares it misconduct for a lawyer to "engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law." The American Bar Association (ABA) adopted the rule in 2016, in large part to effectuate the third of its four mission goals: Eliminate Bias and Enhance Diversity. The ABA adopted these goals in 2008, and they continue to serve as ABA's statement of its mission.
A …
The Rise Of Law And The Fall Of Circular 230: Tax Lawyer Professional Standards, 1985-2015, Michael Hatfield
The Rise Of Law And The Fall Of Circular 230: Tax Lawyer Professional Standards, 1985-2015, Michael Hatfield
Articles
This third article focuses on the two issues that dominated discussions of professional responsibility standards for tax lawyers in the 1985-2015 period: return position standards and tax shelter opinions. It opens with consideration of the ABA’s 1965 opinion providing “reasonable basis” as the standard for undisclosed return positions, and then traces the response to that opinion as the response prods the development of the 1985 replacement with its “realistic possibility of success” standard. The Article documents the extensive interaction between Congress, the Treasury Department, and the tax bar over the next 30 years during which penalties are studied and revised …
Ad Tech & The Future Of Legal Ethics, Seth Katsuya Endo
Ad Tech & The Future Of Legal Ethics, Seth Katsuya Endo
UF Law Faculty Publications
Privacy scholars have extensively studied online behavioral advertising, which uses Big Data to target individuals based on their characteristics and behaviors. This literature identifies several new risks presented by online behavioral advertising and theorizes about how consumer protection law should respond. A new wave of this scholarship contemplates applying fiduciary duties to information-collecting entities like Facebook and Google.
Meanwhile, lawyers—quintessential fiduciaries—already use online behavioral advertising to find clients. For example, a medical malpractice firm directs its advertising to Facebook users who are near nursing homes with bad reviews. And, in 2020, New York became the first jurisdiction to approve lawyers’ …
The Urgency Of Ethics In Political Leadership, President Vicente Fox
The Urgency Of Ethics In Political Leadership, President Vicente Fox
The International Journal of Ethical Leadership
No abstract provided.
Authority And The Globalisation Of Inclusion And Exclusion: Author Meets Readers, Hand Lindahl, Christine Bell Prof, Friedrich Kratochwil, Hans-W. Micklitz, Carlos Thiebaut, Bert Van Roermund
Authority And The Globalisation Of Inclusion And Exclusion: Author Meets Readers, Hand Lindahl, Christine Bell Prof, Friedrich Kratochwil, Hans-W. Micklitz, Carlos Thiebaut, Bert Van Roermund
Indiana Journal of Global Legal Studies
Authority is written against the background of intense resistance to globalization processes by a range of political movements and grassroots organizations. These processes are complex and have a variety of dimensions. One of these is the emergence of global legal orders, which I define, in a rough and ready manner, as relatively autonomous legal orders that claim or aspire to claim global validity for themselves. They too-most obviously the World Trade Organization (WTO)-are the butt of resistance. Whatever its forms and aspirations, resistance to globalization is fueled by their peculiar dynamic. Indeed, emergent global legal orders spawn massive exclusion when …
Ethical Issues With Lawyers Openly Carrying Firearms, Dru Stevenson
Ethical Issues With Lawyers Openly Carrying Firearms, Dru Stevenson
St. Mary's Journal on Legal Malpractice & Ethics
Ethical concerns arise when lawyers openly carry firearms to adversarial meetings related to representation, such as depositions and settlement negotiations. Visible firearms introduce an element of intimidation, or at least the potential for misunderstandings and escalation of conflicts. The adverse effects of openly carried firearms can impact opposing parties, opposing counsel, the lawyer’s potential clients, witnesses, and even judges and jurors encountered outside the courtroom. The ABA’s Model Rules of Professional Conduct in their current form include provisions that could be applicable, such as rules against coercion and intimidation, but there is no explicit reference to firearms. Several reported incidents …
Genome Editing 2020: Ethics And Human Rights In Germline Editing In Humans And Gene Drives In Mosquitoes, George J. Annas
Genome Editing 2020: Ethics And Human Rights In Germline Editing In Humans And Gene Drives In Mosquitoes, George J. Annas
Faculty Scholarship
The moon landing, now more than a half century in the past, has turned out to be the culmination of human space travel, rather than its beginning. Genetic engineering, especially applications of CRISPR, now presents the most publicly discussed engineering challenges—and not just technical, but ethical as well. In this article, I will use the two most controversial genomic engineering applications to help identify the ethics and human rights implications of these research projects. Each of these techniques directly modifies the mechanisms of evolution, threatens to alter our views of ourselves as humans and our planet as our home, and …
A Typology Of Justice Department Lawyers' Roles And Responsibilities, Rebecca Roiphe
A Typology Of Justice Department Lawyers' Roles And Responsibilities, Rebecca Roiphe
Articles & Chapters
President Trump’s administration has persistently challenged the legitimacy of the Department of Justice (“DOJ”). In the past, DOJ, like other governmental institutions, has been fairly resilient. Informal norms and practices have served to preserve its proper functioning, even under pressure. The strain of the past three years, however, has been different in kind and scale. This Article offers a typology of different roles for DOJ lawyers and argues that over time the institution has evolved by allocating different functions and responsibilities to different positions within DOJ. By doing so, it has for the most part maintained the proper balance between …
Ethical Implications Of Forensic Genealogy In Criminal Cases, Solana Lund
Ethical Implications Of Forensic Genealogy In Criminal Cases, Solana Lund
The Journal of Business, Entrepreneurship & the Law
The use of forensic genealogy to solve criminal cases is likely to increase in the coming years, especially given its success in solving cold cases. While its potential for good is impressive, there are also legitimate ethical concerns that need to be addressed. As society sees an increase in the use of forensic genealogy and DTC databases in criminal investigations as well as an increase in the media attention it garners, there will be more discussion regarding ethical implications. Legal scholars say that it is only a matter of time before courts weigh in on the privacy of DNA and …
The Normative Molecule: Patent Rights And Dna, Saurabh Vishnubhakat
The Normative Molecule: Patent Rights And Dna, Saurabh Vishnubhakat
Faculty Scholarship
Throughout the biotechnology age, fears about the distortionary effects of property and other legal institutions upon the health and self-determination of individuals and societies have accompanied more popularly sensational fears about unscrupulous choices within the scientific community itself. Still, for most of that time the prevailing legal regime both in the United States and in Europe remained generally permissive of ownership of, and exclusionary power over, the fruits of much biomedical research, though this leniency took different forms and came about in different ways. In particular, the policy of the United States Patent and Trademark Office to grant patents on …
"Agape" And The Life And Work Of Robert F. Cochran, Jr., Angela C. Carmella
"Agape" And The Life And Work Of Robert F. Cochran, Jr., Angela C. Carmella
Pepperdine Law Review
The life and work of Robert Cochran can be summed up in one word: discipleship. Professor Cochran’s work reflects deeply on Jesus’s words and ministry—His agapic love for all humanity—as they relate to the substance of law and its administration. Professor Cochran’s work establishes two important principles: the need to focus on Jesus’s love as the starting place for analysis and the need to reclaim justice as a central Christian concept. His many volumes help us to understand how it is possible to comprehend lawmaking as an act of agapic love. Further, they provide a roadmap for the Christian’s journey, …
Ethics Advising A Wells Fargo Whistleblower: A Story Of Early Wrongdoing, Thomas Creely
Ethics Advising A Wells Fargo Whistleblower: A Story Of Early Wrongdoing, Thomas Creely
The International Journal of Ethical Leadership
No abstract provided.
My Country, Right Or Wrong: If The Cause Is Just, Is Anything Allowed?, David Whetham
My Country, Right Or Wrong: If The Cause Is Just, Is Anything Allowed?, David Whetham
The International Journal of Ethical Leadership
No abstract provided.
The Ethics Of Humor: Can't You Take A Joke?, Steve Gimbel
The Ethics Of Humor: Can't You Take A Joke?, Steve Gimbel
The International Journal of Ethical Leadership
No abstract provided.
International Ethical Leadership: The Power Of Diversity In Ethics, Dorothy J. Maver, Heidi S. West
International Ethical Leadership: The Power Of Diversity In Ethics, Dorothy J. Maver, Heidi S. West
The International Journal of Ethical Leadership
No abstract provided.
Reflections On Courage (And Other Virtues): A Dialogue Between Ethics And Moral Psychology, Martin L. Cook
Reflections On Courage (And Other Virtues): A Dialogue Between Ethics And Moral Psychology, Martin L. Cook
The International Journal of Ethical Leadership
No abstract provided.
Ethics, Money, And The Healing Relationship, Edward Tick
Ethics, Money, And The Healing Relationship, Edward Tick
The International Journal of Ethical Leadership
No abstract provided.
Connecting Ethics To Engineering Through Conflict Minerals, James D. Mcguffin-Cawley
Connecting Ethics To Engineering Through Conflict Minerals, James D. Mcguffin-Cawley
The International Journal of Ethical Leadership
No abstract provided.
Drawing The Line: Can Lawyers Invest In Their Client's Business Without Crossing An Ethical Line?, Ali Ghassemi
Drawing The Line: Can Lawyers Invest In Their Client's Business Without Crossing An Ethical Line?, Ali Ghassemi
The Journal of Business, Entrepreneurship & the Law
I will begin with a look inside the history of entrepreneurship and its rise and decline throughout various times in our country’s history. I will then shift the focus towards the history of startup companies and what the modern trend is today in startups. After laying the foundation for startups, I will look into the complexities of creating a startup company and looking at the role that attorneys play in the lifetime of startups. From there, I will dive into the history and trend of lawyers who have invested in their client’s companies - through direct investment or bartering by …
Ethical Considerations For Attorneys Researching Jurors On The Internet, Anthony M. Lapinta
Ethical Considerations For Attorneys Researching Jurors On The Internet, Anthony M. Lapinta
Journal of Race, Gender, and Ethnicity
No abstract provided.