Law Commons^™

I Know What You Did Last Summer: A User’S Guide For Internet Investigations, Sean O'Brien, Quinn O'Brien

Faculty Works

Coauthored with licensed private investigator Quinn O'Brien, this article provides important ethical considerations, practice tips, and technical advice about the preparation, execution, preservation, and follow-up investigation of subjects using the Internet.

The Perils Of Taking Property Too Far, Christopher Heaney, Julia Carbone, E. Richard Gold, Tania Bubela, Christopher M. Holman, Allessandra Colaianni, Tracy R. Lewis, Bob Cook-Deegan

Faculty Works

Many policies governing biobanks revolve around ownership and control of the materials and information in them. Those who manage biobanks may be tempted to seek the broadest legal rights possible over material and data. However, we suggest that even if ownership and control were clearly defined by the law and readily obtained by biobanks, how legal rights are used in practice matters as much or more than the rules for ownership. We draw lessons from the stories of genetic testing for Canavan disease and inherited breast and ovarian cancers. In both cases, the use or assertion of legal rights led …

Introduction – 21st Century Law, Technology And Ethics: The Lawyer’S Role As A Public Citizen Serving The Public Good, Irma S. Russell

Faculty Works

The lawyer's role as a "public citizen" also involves a duty to "seek improvement of the law." Changing technology has changed the way lawyers practice law. As public citizens lawyers have an affirmative commitment to the social goal of a just society. Ethical issues arise in the use of technology in society, and lawyers play a central role in social ordering. The idea that advocates in an adversary system have special responsibilities is not new.

Ethical Issues For Innocence Projects: An Initial Primer, Ellen Y. Suni

Faculty Works

While the advent of DNA has led to more than 100 exonerations in the United States, few of them would have been possible without the existence of innocence projects around the country that have undertaken the often difficult work of exonerating the wrongfully convicted. More than thirty projects are now in operation, with several more in the planning stages.

As these projects have developed, issues have emerged regarding the professional responsibility obligations of attorneys and others engaged in this post-conviction work. These issues were the subject of discussion at national innocence conferences in 2000 and 2002, but that discussion, while …

Who Stole The Cookie From The Cookie Jar?: The Law And Ethics Of Shifting Blame In Criminal Cases, Ellen Y. Suni

Faculty Works

Denials are a basic and often automatic response to an allegation that we have committed some wrong. Every parent has heard not me more times than he or she wants to acknowledge. The not me response is instinctive in young children, but as we mature, we learn that not me is often followed by the question: If not you, then who? Accordingly, we discover that denial is not nearly as effective unless we shift the blame to someone else. This phenomenon of childhood applies with equal force in criminal cases, where a defendant has been accused of wrongdoing. Where that …