Law Commons^™

Can Lawyers Be Luddites? Adjusting To The Modification Of The Aba Model Rules Of Professional Conduct Regarding Technology, Darla W. Jackson

Darla W. Jackson

No abstract provided.

What Do We Worry About When We Worry About Price Discrimination? The Law And Ethics Of Using Personal Information For Pricing, Akiva A. Miller

Akiva A Miller

New information technologies have dramatically increased sellers’ ability to engage in retail price discrimination. Debates over using personal information for price discrimination frequently treat it as a single problem, and are not sufficiently sensitive to the variety of price discrimination practices, the different kinds of information they require in order to succeed, and the different ethical concerns they raise. This paper explores the ethical and legal debate over regulating price discrimination facilitated by consumers’ personal information. Various kinds of “privacy remedies”—self-regulation, technological fixes, state regulation, and legislating private causes of legal action—each have their place. By drawing distinctions between various …

Less Suffering When You're Warned: A Response To Professor Lewis, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.

Should A Christian Lawyer Serve The Guilty?, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.

Towering Figures, Enigmas, And Responsive Communities In American Legal Ethics, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.

The Ethics Of Dissent And Friendship In The American Professions, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.

Henry Knox And The Moral Theology Of Law Firms, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.

The Moral Theology Of Atticus Finch, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.

Why Informed Consent? Human Experimentation And The Ethics Of Autonomy, Richard W. Garnett

Richard W Garnett

No abstract provided.

A Fatal Loss Of Balance: Dred Scott Revisited , Daniel A. Farber

Daniel A Farber

This essay focuses on three aspects of the Dred Scott opinion: its effort to ensure that blacks could never be citizens, let alone equal ones; its deployment of a "limited government" argument for a narrow interpretation of Congress's enumerated power over the territories; and its path-breaking defense of property rights against government regulation. These constitutional tropes of racism, narrowing of federal power, and protection of property were to remain dominant for another seventy-five years. Apart from the failings of the opinion itself, Dred Scott also represents an extraordinary case of presidential tampering with the judicial process and a breakdown in …

Foreword To The Conference: The Law: Business Or Profession? The Continuing Relevance Of Julius Henry Cohen For The Practice Of Law In The Twenty-First Century, Samuel J. Levine

Samuel J. Levine

No abstract provided.

Joining Or Changing The Conversation? Catholic Social Thought And Intellectual Property, Frank Pasquale

Frank A. Pasquale

No abstract provided.

Making Sure We Are True To Our Founders: The Association Of The Bar Of The City Of New York, 1970-95, Jeffrey Morris

Jeffrey B. Morris

No abstract provided.

Ethics And Expected Changes To Circular 230, Fred Murray, Richard Goldstein, Matthew Lucey, Jack Manhire, Robert D. Probasco

Robert Probasco

No abstract provided.

1998 Survey Of Ethics In Land-Use Planning, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.

Relationships, The Rules Of Professional Conduct And Land Use: Ethical Quagmires For Land Use Attorneys, Patricia E. Salkin

Patricia E. Salkin

This article begins to fill the void by introducing the application of the various Rules of Professional Conduct, as adopted by the specific opining jurisdiction, through a review of the relevant reported opinions of the various committees and sometimes courts, in the land use context. Part I discusses the challenges that arise for lawyers vis-à-vis their clients in the land use context. This is followed by a discussion in Part II of the ethics and professionalism issues that confront lawyers who serve on local boards.

Ethics In Land Use: Using Ethical Allegations As A Sword Rather Than A Shield, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.

Ethical Lawyering And The Possiblity Of Integrity, Sharon Dolovich

Sharon Dolovich

No abstract provided.

Police Informers And Professional Ethics, Clive Harfield

Clive Harfield

The use of informers is morally problematic for police institutions, for investigation managers, and for those individuals either who act as informers or who have daily responsibility for handling informers. This paper examines the moral issues concerning informers at each of these levels. Recourse to informers can be accommodated within Miller and Blackler's moral theory of policing. Within this context, criteria for the morally justifiable deployment of informers are proposed and supplemented with further proposed criteria for morally justifiable informer participation in crime. Morally justifiable recruitment of informers is also considered. Despite directly serving the purpose of policing, informers do …

The Religious Lawyer In A Pluralist Society, Howard Lesnick

howard lesnick

No abstract provided.

In-House Live-Client Clinical Programs: Some Ethical Issues, James E. Moliterno

James E. Moliterno

No abstract provided.

Grounding Normative Assertions: Arthur Leff's Still Irrefutable, But Incomplete, "Sez Who?" Critique, Samuel W. Calhoun

Samuel W. Calhoun

The late Professor Arthur Leff believed that standard methods for grounding normative assertions fail to provide a solid foundation for moral judgment because none provides a satisfactory answer to what Leff called the grand 'sez who?' - a universal taunt by which a skeptic may challenge the standing/competency of the speaker to make authoritative moral assessments. Leff argued that as a matter of logic no system of morals premised in mankind alone ever could withstand the taunt. His provocative conclusion was that the only unchallengeable response to the grand 'sez who?' is God sez. This Article demonstrates the continued relevance …

Circular 230 And Rules Of Professional Conduct In Giving Tax Advice, Robert D. Probasco

Robert Probasco

No abstract provided.

Teaching U.S. V. Windsor: The Defense Of Marriage Act And Its Constitutional Implications, Corey A. Ciocchetti

Corey A Ciocchetti

Students are captivated by contemporary, high-profile Supreme Court cases. They recognize the litigants featured on the news, they debate the public policy, sociological and other real world implications of the arguments in school and their peers and parents prod them to discuss their opinions outside of class. I incorporate very recent and noteworthy Supreme Court cases in my legal studies courses with great success. My students are more engaged and prepared than when I assign a textbook chapter (students would rather track the law as it develops in real time). They tend to recall the arguments and legal theories well …

Tricky Business: A Decision-Making Framework For Legally Sound, Ethically Suspect Business Tactics, Corey A. Ciocchetti

Corey A Ciocchetti

TRICK: “a crafty or underhanded device, maneuver, stratagem, or the like, intended to deceive or cheat.” Tricks are designed to outwit others in a cunning and skillful manner. Despite well-written, philosophically sound codes of ethics and core values, businesses are not above employing tricky tactics to suit their pecuniary interests. These strategies often involve the legal system as the outwitted ask courts to vindicate their rights. However, the most successful tricks are skillfully crafted to survive legal scrutiny. This article evaluates three tricky business tactics found lawful by United States Supreme Court during its most recent term. The story begins …

Student, Esquire?: The Practice Of Law In The Collaborative Classroom, Nantiya Ruan

Nantiya Ruan

Law faculty and non-profit lawyers are working together in a variety of partnerships to offer students exposure to “real life” clients in the first year of law school, as well as in advanced courses in substantive areas. Teachers engaged in client-centered advocacy through experiential frameworks have broken out of their isolated silos in the law school (e.g., legal writing, clinical, externship, and doctrinal) and begun to work together. To help students develop a sense of professional identity, cultivate professional values, and tap into key intrinsic motivations for lawyering, such as serving the public good, collaborative classrooms have an important role …

Protecting Employee Rights And Prosecuting Corporate Crimes: A Proposal For Criminal Cumis Counsel, Josephine Sandler Nelson

J.S. Nelson

Location And Tracking Of Mobile Devices: Überveillance Stalks The Streets, Katina Michael, Roger Clarke

Professor Katina Michael

During the last decade, location-tracking and monitoring applications have proliferated, in mobile cellular and wireless data networks, and through self-reporting by applications running in smartphones that are equipped with onboard global positioning system (GPS) chipsets. It is now possible to locate a smartphone-user's location not merely to a cell, but to a small area within it. Innovators have been quick to capitalise on these location-based technologies for commercial purposes, and have gained access to a great deal of sensitive personal data in the process. In addition, law enforcement utilise these technologies, can do so inexpensively and hence can track many …

Keeping It Real: Using Facebook Posts To Teach Professionalism And Professional Responsibility, Anna P. Hemingway

Anna P. Hemingway

The Future Prospects Of Embedded Microchips In Humans As Unique Identifiers: The Risks Versus The Rewards, Katina Michael, M.G. Michael

Professor Katina Michael

Microchip implants for humans are not new. Placing heart pacemakers in humans for prosthesis is now considered a straightforward procedure. In more recent times we have begun to use brain pacemakers for therapeutic purposes to combat illnesses such as epilepsy, Parkinson’s Disease, and severe depression. Microchips are even being placed inside prosthetic knees and hips during restorative procedures to help in the gathering of post-operative analytics that can aid rehabilitation further. While medical innovations that utilise microchips abound, over the last decade we have begun to see the potential use of microchip implants for non-medical devices in humans, namely for …