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Articles 1 - 23 of 23
Full-Text Articles in Law
The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, Statesman Or Scribe? Legal Independence And The Problem Of Democratic Citizenship, Aziz Rana
Aziz Rana
No abstract provided.
Curing Congress’S Ills: Criminal Law As The Wrong Paradigm For Congressional Ethics, Josh Chafetz
Curing Congress’S Ills: Criminal Law As The Wrong Paradigm For Congressional Ethics, Josh Chafetz
Josh Chafetz
No abstract provided.
Full Legal Representation For The Poor: The Clash Between Lawyer Values And Client Worthiness, Michelle S. Jacobs
Full Legal Representation For The Poor: The Clash Between Lawyer Values And Client Worthiness, Michelle S. Jacobs
Michelle S Jacobs
This article seeks to expand the scope of our understanding of values and their connection to the work of poverty lawyers. The article explores the literature on poverty and moral worthiness. In order to bring clarity to the discussion, it examines social science research on defining "values" and detailing how they can affect behavior. Prof. Jacobs describes the reactions of clinical students to a classroom exercise, which asked them to describe the legal representation they would provide to hypothetical clients. This article describes how the link between students' values and broader societal beliefs affect the practices of the bar and …
Faculty Ethics In Law School: Shirking, Capture, And "The Matrix", Jeffrey L. Harrison
Faculty Ethics In Law School: Shirking, Capture, And "The Matrix", Jeffrey L. Harrison
Jeffrey L Harrison
The primary focus of this essay is the ethical dimension of the decisions faculty governance requires law professors to make. This essay is devoted to the proposition that conditions are ideal for most law schools to be governed for the benefit of the faculty at the expense of the welfare of students and others (stakeholders) who expect to be served by the law school. This section also suggests that faculty shirking, if it occurs, stems primarily from a lack of respect for those whom the law school serves. Section II addresses the second step. Having described shirking and capture in …
Reconceptualizing The Expert Witness: Social Costs, Current Controls And Proposed Responses, Jeffrey L. Harrison
Reconceptualizing The Expert Witness: Social Costs, Current Controls And Proposed Responses, Jeffrey L. Harrison
Jeffrey L Harrison
Unlike virtually any other business, expert witnesses are not typically held accountable in either tort or contract law for their commercial activities. This means that many are inclined to deliver what the market demands - partisan, biased, or plainly dishonest testimony - without concern for the costs this testimony may impose on others. This immunity from the internalization of the social cost of their testimony is hard to reconcile with any moral or economic standard. Harsh judicial reactions to some experts and a slight increase in expert witness liability may signal that a change in the privileged status of experts …
On Integrity: Some Considerations For Water Law, Christine A. Klein
On Integrity: Some Considerations For Water Law, Christine A. Klein
Christine A. Klein
Expanding upon the aspects of integrity protected under the Clean Water Act, this Article will explore the relevance to water law of chemical,physical, ecosystem, social, and ethical integrity. Just as the Clean Water Act intended to prevent unacceptable "perturbations" of ecosystems, so also this Article will consider the extent to which the law itself may work an unacceptable perturbation of fundamental hydrologic and social principles. In many instances, water policy compartmentalizes the law in ways that have little to do with hydrologic reality and in ways that are antithetical to wholeness and integrity. Examples include the legal bifurcation of surface …
Contemporary Trusts And Estates: An Experiential Approach (2nd Ed)., Susan Gary, Jerome Borison, Naomi Cahn, Paula Monopoli
Contemporary Trusts And Estates: An Experiential Approach (2nd Ed)., Susan Gary, Jerome Borison, Naomi Cahn, Paula Monopoli
Paula A Monopoli
Contemporary Trusts and Estates: An Experiential Approach uses cases and statutory materials, along with exercises and problems, to integrate legal analysis and practice skills. Consistent with the Carnegie Report‘s call for more practice skills, it includes exercises in document drafting, role-playing, and letter writing to clients.
Religious Freedom & Closely Held Corporations: The Hobby Lobby Case & Its Ethical Implications, Corey A. Ciocchetti
Religious Freedom & Closely Held Corporations: The Hobby Lobby Case & Its Ethical Implications, Corey A. Ciocchetti
Corey A Ciocchetti
Hobby Lobby and its quest for religious freedom captured the attention of a nation for a few moments in late June 2014. The country homed in on the Supreme Court as the justices weighed the rights of an incorporated, profit-making entity run by devout individuals that objected to particular entitlements granted to women under the Affordable Care Act. The case raised important legal issues such as whether the law allows for-profit corporations to exercise religion (yes!) and whether protection for religious freedom trumps the rights of third parties to cost free preventive care (sort of!). The Supreme Court’s decision also …
Legal Education After Law School: Lessons From Scotland And Englan, Clark D. Cunningham
Legal Education After Law School: Lessons From Scotland And Englan, Clark D. Cunningham
Clark D. Cunningham
This Article addresses the issue of the needed collaboration between law schools and law firms about legal education after law school. The author proposes pilot projects be launched to increase collaboration between legal academics and law firms in the provision of legal education after law school. The Article suggests that the programs emulate the close partnerships that exist between the legal academy and legal profession in England and Scotland. The Article acknowledges why the training of lawyers is different now than in the past. The author compares the American law firm training programs with the post school education that takes …
Ethical Issues In Community Supervision (Probation And Parole), Sharlette A. Kellum-Gilbert Ph.D.
Ethical Issues In Community Supervision (Probation And Parole), Sharlette A. Kellum-Gilbert Ph.D.
Dr. Sharlette A. Kellum-Gilbert
If one does not like to be micromanaged, they should never do anything that might cause them to be on probation or parole. Probation Officers and Parole Officers (POs) are super micromanagers. Every day, they are tasked with supervising several offenders (e.g., home contact, work verifications, treatment programs, etc.). This is definitely not a desk job! They must be diplomatic, fair, stern, and knowledgeable. The job of probation and parole officers includes impeding cycles. There are various cycles of dysfunction that causes an offender to be introduced to the system and sometimes remain in the system. Probation and parole officers …
Corporate Boardroom Diversity: Why Are We Still Talking About This?, Lawrence J. Trautman
Corporate Boardroom Diversity: Why Are We Still Talking About This?, Lawrence J. Trautman
Lawrence J. Trautman Sr.
What exactly is board diversity and why does it matter? How does diversity fit in an attempt to build the best board for any organization? What attributes and skills are required by law and what mix of experiences and talents provide the best corporate governance? Even though most companies say they are looking for diversity, why has there been such little progress? Are required director attributes, which are a must for all boards, consistent with future diversity gains and aligned with achieving high performance and optimal board composition? My goal is to provide answers to these questions, and to discuss …
Limits Of Disclosure, Steven M. Davidoff, Claire A. Hill
Limits Of Disclosure, Steven M. Davidoff, Claire A. Hill
Steven Davidoff Solomon
One big focus of attention, criticism, and proposals for reform in the aftermath of the 2008 financial crisis has been securities disclosure. Many commentators have emphasized the complexity of the securities being sold, arguing that no one could understand the disclosure. Some observers have noted that disclosures were sometimes false or incomplete. What follows these issues, to some commentators, is that, whatever other lessons we may learn from the crisis, we need to improve disclosure. How should it be improved? Commentators often lament the frailties of human understanding, notably including those of everyday retail investors—people who do not understand or …
Teacher's Manual To Problems In Tax Ethics, Donald Tobin, Richard Lavoie, Richard Trogolo
Teacher's Manual To Problems In Tax Ethics, Donald Tobin, Richard Lavoie, Richard Trogolo
Donald B. Tobin
Teacher's Manual to accompany Problems in Tax Ethics.
Bullshit And The Tribal Client, Matthew L.M. Fletcher
Bullshit And The Tribal Client, Matthew L.M. Fletcher
Matthew L.M. Fletcher
No abstract provided.
Problems In Tax Ethics, Donald Tobin, Richard Lavoie, Richard Trogolo
Problems In Tax Ethics, Donald Tobin, Richard Lavoie, Richard Trogolo
Donald B. Tobin
The ethical issues and problems facing tax lawyers and tax professionals have become increasingly complex, and the general rules of professional responsibility do not always provide clear answers to the problems tax professionals face. This book examines the Model Rules of Professional Responsibility, statutory and regulatory rules governing tax practice and uses problems to explore the application of these rules in the tax context. As financial scandals continue and tax transactions become increasingly complex, people studying in this area of law need a text designed to deal with specific problems that arise often in the tax field.
Ethically Ambiguous Negotiation Tactics (Eants): What Are The Rules Behind The Rules?, John Wade
Ethically Ambiguous Negotiation Tactics (Eants): What Are The Rules Behind The Rules?, John Wade
John Wade
This paper will briefly discuss the following: • A catalogue of the EANTs in use in negotiation and litigation. • How common are these behaviours amongst lawyers? • What are the attempted controls (or not) of these EANTs in different cultures?---market isolation, law, and “ethics”? • Focussing on attempted ethical controls, what are the five (often overlapping) historic schools of “ethics”? • Which school of “ethics” do various written codes of law societies predominantly reflect? –answer: pragmatism and self interest. • If the epidemic of EANTs needs to be reduced, should pragmatism and self interest be taught and modelled more …
The Ethics Of Effective Advocacy For Children In Abuse And Neglect Proceedings, Suparna Malempati
The Ethics Of Effective Advocacy For Children In Abuse And Neglect Proceedings, Suparna Malempati
Suparna Malempati
This article addresses ethical dilemmas lawyers face when representing children in abuse and neglect proceedings in juvenile court. Children in such cases need traditional advocacy in order to protect their legal rights and effectuate just outcomes. Lawyers who represent children have an ethical obligation to perform this function as advocates for their clients and not merely as guardians ad litem who make paternalistic recommendations about the best interests of children. The requirement that lawyers disregard their role as advocates for the role of guardians ad litem circumvents the ethical rules that govern lawyers and fails to adequately and effectively safeguard …
Embodying Law In The Garden: An Autoethnographic Account Of An Office Of Law, Matilda Arvidsson
Embodying Law In The Garden: An Autoethnographic Account Of An Office Of Law, Matilda Arvidsson
Dr Matilda Arvidsson
Based on an autoethnographical study of the office of the tingsnotarie this article questions the relation between the ethical self and the act of taking up a judicial office, employing the question of how I can live with (my) law. While the office and the ethical self are kept apart, often by recourse to persona, I make a case for the attendance to the self in examinations of ethical responsibility when pursuing an office of law. I propose that the garden, and in particular the practices and notions of (en)closure, (loss of) direction, cultivation, (dis)order, authorship and care-for-the-other which are …
A Free Lunch In Chicago, Curtis E.A. Karnow
A Free Lunch In Chicago, Curtis E.A. Karnow
Curtis E.A. Karnow
A discussion of the ethical issues implicated by judges’ acceptance of travel and related expenses when attending privately sponsored judicial education, including seminars offered by educational institutions.
Ebola And Bioterrorism, Joshua P. Monroe
Ebola And Bioterrorism, Joshua P. Monroe
Joshua P Monroe
This paper will be a comparison of the United States government’s reaction to the recent outbreak of Ebola and will compare this response with the potential response by the United States government toward an act of biological or chemical warfare. The paper will analyze these responses from a cultural, political, legal, and policy standpoint
Ethical Frameworks, Corey A. Ciocchetti
Ethical Frameworks, Corey A. Ciocchetti
Corey A Ciocchetti
This article discusses the three prominent business ethics theories of Utilitarianism, Deontology and Virtue Ethics. This is a short primer on these theories.
Location Data, Purpose Binding And Contextual Integrity: What's The Message, Mireille Hildebrandt
Location Data, Purpose Binding And Contextual Integrity: What's The Message, Mireille Hildebrandt
Mireille Hildebrandt
This chapter investigates the issue of the proliferation of location data in the light of the ethical concept of contextual integrity and the legal concept of purpose binding. This involves an investigation of both concepts as side constraints on the free flow of information, entailing a balancing act between the civil liberties of individual citizens and the free flow of information. To tackle the issue the chapter starts from Floridi’s proposition that ‘communication means exchanging messages. So even the most elementary act of communication involves four elements: a sender, a receiver, a message, and a referent of the message’ and …
Continuing Legal Education A Year In Review: Analysis And Recommendations, Shaun Jamison
Continuing Legal Education A Year In Review: Analysis And Recommendations, Shaun Jamison
Shaun Jamison
Continuing legal education (CLE or MCLE) is one way to help lawyers stay current with substantive law, skills, and prepare for potentially dramatic and fast moving changes to the practice of law. This paper examines one year of continuing legal education approved for credit in Minnesota. While Minnesota attorneys enjoy access to over 10,000 CLE courses in a variety of timely topics, there are opportunities to improve. In order to best address the rapid and dramatic change in the legal field, a more favorable regulation of law office management CLEs is required. More flexible regulation and partnerships between CLE providers, …