Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 75

Full-Text Articles in Law

Client Perjury, Implicit Bias, And The Problem Of Actual Knowledge, Caleb J. Fountain Jan 2016

Client Perjury, Implicit Bias, And The Problem Of Actual Knowledge, Caleb J. Fountain

Notre Dame Journal of Law, Ethics & Public Policy Online

The Model Rules of Professional Conduct require a lawyer, including defense counsel in a criminal proceeding who actually knows that her client has committed or intends to commit perjury, to take remedial measures, up to and including disclosure to the tribunal. This rule has justly caused considerable handwringing among academics, practitioners, and clients. The present Essay begins with the simple observation that a lawyer’s determination that her client is, or intends to be, perjurious is a legally consequential finding of fact. It proceeds to argue that, like all other findings of fact bearing on the legal rights and duties ...


Suspension And Delegation, Amy Coney Barrett Jan 2014

Suspension And Delegation, Amy Coney Barrett

Journal Articles

A suspension of the writ of habeas corpus empowers the President to indefinitely detain those suspected of endangering the public safety. In other words, it works a temporary suspension of civil liberties. Given the gravity of this power, the Suspension Clause narrowly limits the circumstances in which it may be exercised: the writ may be suspended only in cases of "rebellion or invasion" and when "the public Safety may require it. " Congress alone can suspend the writ; the Executive cannot declare himself authorized to detain in violation of civil rights. Despite the traditional emphasis on the importance of exclusive legislative ...


The Priority Of Persons Revisited, John Finnis Jun 2013

The Priority Of Persons Revisited, John Finnis

Journal Articles

This essay, in the context of a conference on justice, reviews and reaffirms the main theses of “The Priority of Persons” (2000), and supplements them with the benefit of hindsight in six theses. The wrongness of Roe v. Wade goes wider than was indicated. The secularist scientistic or naturalist dimension of the reigning contemporary ideology is inconsistent with the spiritual reality manifested in every word or gesture of its proponents. The temporal continuity of the existence of human persons and their communities is highly significant for the common good, which is the point and measure of social justice, properly understood ...


When Things Go Wrong In The Clinic: How To Prevent And Respond To Serious Student Misconduct, Robert Jones, Gerard F. Glynn, John J. Francis Jan 2012

When Things Go Wrong In The Clinic: How To Prevent And Respond To Serious Student Misconduct, Robert Jones, Gerard F. Glynn, John J. Francis

Journal Articles

This article documents the types of misconduct that students commit, explores why serious misconduct occurs, examines whether such conduct can be anticipated and reduced by prescreening and monitoring potentially problematic students, and suggests how misconduct might be addressed once it occurs. The authors' analysis thus encompasses both legal obligations and pedagogical considerations, and it takes account of the differing perspectives of clinical professors, law school administrators, and bar examiners. The authors operate from a "student centered" perspective that emphasizes the support and development of law students. This article is prescriptive, therefore, in the extent to which it emphasizes preventive actions ...


Adhering To Law And Values Against Terrorism, Mary Ellen O'Connell Jan 2012

Adhering To Law And Values Against Terrorism, Mary Ellen O'Connell

Journal Articles

No abstract provided.


Whom Should A Catholic University Honor?: "Speaking" With Integrity, Richard W. Garnett Jan 2010

Whom Should A Catholic University Honor?: "Speaking" With Integrity, Richard W. Garnett

Journal Articles

No abstract provided.


Bioethics And Self-Governance: The Lessons Of The Universal Declaration On Bioethics And Human Rights, O. Carter Snead Jan 2009

Bioethics And Self-Governance: The Lessons Of The Universal Declaration On Bioethics And Human Rights, O. Carter Snead

Journal Articles

The following article analyzes the process of conception, elaboration, and adoption of the Universal Declaration of Bioethics and Human Rights, and reflects on the lessons it might hold for public bioethics on the international level. The author was involved in the process at a variety of levels: he provided advice to the IBC on behalf of the President's Council of Bioethics; he served as the U.S. representative to UNESCO's Intergovernmental Bioethics Committee; and led the U.S. Delegation in the multilateral negotiation of Government experts that culminated in the adoption of the declaration in its final form ...


Business Lawyers, Baseball Players, And The Hebrew Prophets, Thomas L. Shaffer Jan 2008

Business Lawyers, Baseball Players, And The Hebrew Prophets, Thomas L. Shaffer

Journal Articles

This article is a reflection on the ethics of practiving law for business, building on the career of Scott Boras, who acts as agent and lawyer for professional baseball players. The reflection wonders at the clout corporate lawyers have over their clients, mentioning, of course, some personal experiences (back before the invention of moveable type) from the author's two years in a large business-oriented law firm, as well as on Mr. Boras's significant influence in the baseball world. The object, finally, is ethical reflection on such things as the particular a lawyer has when she in in house ...


Neuroimaging And The "Complexity" Of Capital Punishment, O. Carter Snead Jan 2007

Neuroimaging And The "Complexity" Of Capital Punishment, O. Carter Snead

Journal Articles

The growing use of brain imaging technology to explore the causes of morally, socially, and legally relevant behavior is the subject of much discussion and controversy in both scholarly and popular circles. From the efforts of cognitive neuroscientists in the courtroom and the public square, the contours of a project to transform capital sentencing both in principle and in practice have emerged. In the short term, these scientists seek to play a role in the process of capital sentencing by serving as mitigation experts for defendants, invoking neuroimaging research on the roots of criminal violence to support their arguments. Over ...


On Lawyers And Moral Discernment, Robert E. Rodes Jan 2007

On Lawyers And Moral Discernment, Robert E. Rodes

Journal Articles

Drawing on Jacques Maritain's doctrine of Knowledge through Connaturality, and on other authors including David Hume and Edmond Cahn, this article argues that judgments of right and wrong are arrived at primarily through immediate discernment, and only secondarily through the application of general principles. It is possible, therefore, for lawyers and clients to arrive at agreement on how to handle their cases, even though they do not agree on the general principles that apply.


"Technical" Defenses: Ethics, Morals, And The Lawyer As Friend, Thomas L. Shaffer, Robert F. Cochran Jr. Jan 2007

"Technical" Defenses: Ethics, Morals, And The Lawyer As Friend, Thomas L. Shaffer, Robert F. Cochran Jr.

Journal Articles

This essay examines the question of lawyer-client counseling on the issue of raising "technical" defenses, such as statutes of limitations. The authors challenge the prevailing notion of American lawyers that technical defenses raise no moral issue worthy of dialogue between lawyers and clients. Looking at the history of legal ethics and modern treatment in European law, they suggest that questions of limitations do raise moral issues. They go on to explore how those moral issues ought to be discussed and decided between lawyers and clients, using the framework of lawyers as godfathers, hired guns, gurus, and friends that they laid ...


The Democratic Virtues, Our Common Life And The Common School: Trust In Democracy: Anabaptists, Italian Americans, And Solidarity, Thomas L. Shaffer Jan 2006

The Democratic Virtues, Our Common Life And The Common School: Trust In Democracy: Anabaptists, Italian Americans, And Solidarity, Thomas L. Shaffer

Journal Articles

No abstract provided.


The Pedagogical Significance Of The Bush Stem Cell Policy: A Window Into Bioethical Regulation In The United States (President George W. Bush, Fifth Anniversary Essay Collection), O. Carter Snead Jan 2005

The Pedagogical Significance Of The Bush Stem Cell Policy: A Window Into Bioethical Regulation In The United States (President George W. Bush, Fifth Anniversary Essay Collection), O. Carter Snead

Journal Articles

The enormous significance of the Bush stem cell funding policy has been evident since its inception. The announcement of the policy on August 9, 2001 marked the first time a U.S. president had ever taken up a matter of bioethical import as the sole subject of a major national policy address. Indeed, the August 9th speech was the President's first nationally televised policy address of any kind. Since then, the policy has been a constant focus of attention and discussion by political commentators, the print and broadcast media, advocacy organizations, scientists, elected officials, and candidates for all levels ...


Lawyers And Biblical Prophets, Thomas L. Shaffer Jan 2003

Lawyers And Biblical Prophets, Thomas L. Shaffer

Journal Articles

This is part of a broader exploration of the suggestion that the biblical prophets-Moses, Isaiah, Jeremiah, Amos, Nathan, and the others-are sources of ethical reflection and moral example for modern American lawyers. The suggestion appears to be unusual; I am not sure why.

The Prophets were, more than anything else, lawyers-as their successors, the Rabbis of the Talmud, were. They were neither teachers nor bureaucrats, not elected officials or priests or preachers. And the comparison is not an ancient curiosity:

Much of what admirable lawyer-heroes have done in modern America has been prophetic in the biblical sense-that is, what they ...


Symposium: Client Counseling And Moral Responsibility, Thomas L. Shaffer, Deborah L. Rhode, Paul R. Tremblay, Robert F. Cochran Jan 2003

Symposium: Client Counseling And Moral Responsibility, Thomas L. Shaffer, Deborah L. Rhode, Paul R. Tremblay, Robert F. Cochran

Journal Articles

No abstract provided.


Lawyers As Prophets, Thomas L. Shaffer Jan 2003

Lawyers As Prophets, Thomas L. Shaffer

Journal Articles

No abstract provided.


The Biblical Prophets As Lawyers For The Poor, Thomas L. Shaffer Jan 2003

The Biblical Prophets As Lawyers For The Poor, Thomas L. Shaffer

Journal Articles

Lawyers practicing poverty law often lack mentors and role models. This author discusses how biblical figures, who served poor people, could be mentors and role models for lawyers practicing poverty law. Prophets, and particularly prophets-as-lawyers, redefine power relationships. Shaffer discusses his personal journey through out his career in using religious guidance to help him better understand his career. He also discuss his teachings to his law students of the value of learning from prophets in their legal careers.


Wrongful Conviction, Lawyer Incompetence And English Law - Some Recent Themes, Geoffrey Bennett Jan 2003

Wrongful Conviction, Lawyer Incompetence And English Law - Some Recent Themes, Geoffrey Bennett

Journal Articles

Viewed from a distance the outward appearances of the English Legal System might look reassuringly stable. In fact, nothing could be further from the case. During the last ten years almost every facet of the system, even the constitutional order, has been radically overhauled, or at least significantly modified. The whole system of civil procedure has been recast, after over a hundred years of relatively little major modification, in an attempt to simplify and expedite proceedings with a new emphasis on judicial case management. Perhaps most important of all, the Human Rights Act 1998, which has been effective from October ...


American Legal Ethics, Thomas L. Shaffer Oct 2002

American Legal Ethics, Thomas L. Shaffer

Journal Articles

The ethics of American lawyers come from the English gentleman-lawyer of the nineteenth century, with the steady addition of an elitist Jeffersonian gloss. But they have, within the last century, been seperated, so that reulation claims to operate without conscience. The result is that the law of lawyers is now the principal, if not only, feature of the official codes, and ethics as ethics is is spread oer insignificant consensus statements by bar associations and promising scholarship from academic lawyers, some small part of which deserves to be called ethics and even, from small beginnings to be called religious ethics.


Sectarian Reflections On Lawyers' Ethics And Death-Row Volunteers, Richard W. Garnett Jan 2002

Sectarian Reflections On Lawyers' Ethics And Death-Row Volunteers, Richard W. Garnett

Journal Articles

What should lawyers think about and respond to death-row volunteers? When a defendant accused of a capital crime attempts to plead guilty, or instructs his lawyer not to present a particular defense; when a convicted killer refuses to permit the introduction of potentially life-saving mitigating evidence - or even urges the jury to impose a death sentence - at the sentencing phase of a death-eligible case; when a condemned inmate refuses to file, or to appeal the denial of, habeas corpus and other post-conviction petitions for relief; when he elects not to object to a particular capital-punishment method, to call into question ...


Using The Pervasive Method Of Teaching Legal Ethics In A Property Course, Thomas L. Shaffer Jan 2002

Using The Pervasive Method Of Teaching Legal Ethics In A Property Course, Thomas L. Shaffer

Journal Articles

No abstract provided.


Forming An Agenda - Ethics And Legal Ethics, Robert E. Rodes Jan 2002

Forming An Agenda - Ethics And Legal Ethics, Robert E. Rodes

Journal Articles

The law profession is unique in the scope of the mandate it gives those within it to intervene in other people's affairs. As a result of this unique power of intervention, lawyers encounter a number of unique problems. This paper elucidates upon, and applies, the moral standards and intuitions to be used in approaching these problems. It argues that we should form our consciences in dialogue with our clients and that once they are formed we must follow them and limit our representation accordingly. If lawyer and client cannot agree on an agenda with which both are comfortable, the ...


Jews, Christians, Lawyers, And Money, Thomas L. Shaffer Jan 2001

Jews, Christians, Lawyers, And Money, Thomas L. Shaffer

Journal Articles

No abstract provided.


Legal Ethics And Jurisprudence From Within Religious Congregations, Thomas L. Shaffer Jan 2001

Legal Ethics And Jurisprudence From Within Religious Congregations, Thomas L. Shaffer

Journal Articles

No abstract provided.


Towering Figures, Enigmas, And Responsive Communities In American Legal Ethics, Thomas L. Shaffer Jan 1999

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

Journal Articles

No abstract provided.


What Is The Common Good, And Why Does It Concern The Client's Lawyer?, John M. Finnis Jan 1999

What Is The Common Good, And Why Does It Concern The Client's Lawyer?, John M. Finnis

Journal Articles

No abstract provided.


Should A Christian Lawyer Sign Up For Simon's Practice Of Justice?, Thomas L. Shaffer Jan 1999

Should A Christian Lawyer Sign Up For Simon's Practice Of Justice?, Thomas L. Shaffer

Journal Articles

No abstract provided.


On Teaching Legal Ethics With Stories About Clients, Thomas L. Shaffer Jan 1998

On Teaching Legal Ethics With Stories About Clients, Thomas L. Shaffer

Journal Articles

No abstract provided.


Catholic Judges In Capital Cases, Amy Coney Barrett, John H. Garvey Jan 1998

Catholic Judges In Capital Cases, Amy Coney Barrett, John H. Garvey

Journal Articles

The Catholic Church's opposition to the death penalty places Catholic judges in a moral and legal bind. While these judges are obliged by oath, professional commitment, and the demands of citizenship to enforce the death penalty, they are also obliged to adhere to their church's teaching on moral matters. Although the legal system has a solution for this dilemma by allowing the recusal of judges whose convictions keep them from doing their job, Catholic judges will want to sit whenever possible without acting immorally. However, litigants and the general public are entitled to impartial justice, which may be ...


Is This Appropriate?, Thomas L. Shaffer, Julia B. Meister Jan 1997

Is This Appropriate?, Thomas L. Shaffer, Julia B. Meister

Journal Articles

No abstract provided.