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What Is A Lawyer? A Reconstruction Of The Lawyer As An Officer Of The Court, Deborah Hussey Freeland
What Is A Lawyer? A Reconstruction Of The Lawyer As An Officer Of The Court, Deborah Hussey Freeland
Deborah M. Hussey Freeland
This paper engages with the central question in legal ethics concerning the lawyer's role, analyzing this fundamental question in terms of professional identity. Literature in this debate frames the lawyer either as a professional who exists entirely to serve her client (the "standard conception"), or as a professional whose primary duties are to the legal system. I reposit and examine the lawyer's professional identity as an officer of the court--an identity marginalized by those who favor the standard conception--noting that the phrase was coined to draw attention to a supplanting threat to legal professionalism. Providing a uniquely detailed examination of …
Maieusis Through A Gated Membrane: "Getting The Science Right" In Public Decisionmaking, Deborah Hussey Freeland
Maieusis Through A Gated Membrane: "Getting The Science Right" In Public Decisionmaking, Deborah Hussey Freeland
Deborah M. Hussey Freeland
Law meets science in a remarkable variety of contexts. While their interactions are often studied in particular contexts, general theories of their interaction are wanting. This paper presents a general model of an interface between law and science that identifies how their interaction must be structured to promote effective interdisciplinary collaboration, and then demonstrates how this model can be used to analyze problems as diverse as: a large-scale intergovernmental attempt at ecosystem restoration; and the effects of a method of science-based alternative dispute resolution on science and negotiated outcomes. In both cases, the model features of a properly functioning law-science …
The Sine Qua Non Of Copyright, Deborah Hussey Freeland
The Sine Qua Non Of Copyright, Deborah Hussey Freeland
Deborah M. Hussey Freeland
The United States Supreme Court treats originality as the sine qua non of copyright. How can this abstract quality best be recognized under the law, particularly in the difficult case of multiply produced works? This article grapples with controverted definitions of "original" and "copy," analyzing the positions and interests of various players in the art world with respect to what should count as an original work. Using the case of bronze sculptures that various parties seek to attribute to Auguste Rodin and discussing their status under national and international laws, this article identifies and calls for these laws to converge …