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Full-Text Articles in Law

Coordinating Compliance Incentives, Veronica Root Jan 2017

Coordinating Compliance Incentives, Veronica Root

Journal Articles

In today’s regulatory environment, a corporation engaged in wrongdoing can be sure of one thing: regulators will point to an ineffective compliance program as a key cause of institutional misconduct. The explosion in the importance of compliance is unsurprising given the emphasis that governmental actors — from the Department of Justice, to the Securities and Exchange Commission, to even the Commerce Department — place on the need for institutions to adopt “effective compliance programs.” The governmental actors that demand effective compliance programs, however, have narrow scopes of authority. DOJ Fraud handles violations of the Foreign Corrupt Practices Act, while the SEC ...


Modern-Day Monitorships, Veronica Root Jan 2016

Modern-Day Monitorships, Veronica Root

Journal Articles

When a sexual abuse scandal rocked Penn State, when Apple engaged in anticompetitive behavior, and when servicers like Bank of America improperly foreclosed upon hundreds of thousands of homeowners, each organization entered into a Modern-Day Monitorship. Modern-Day Monitorships are utilized in an array of contexts to assist in widely varying remediation efforts. They provide outsiders a unique source of information about the efficacy of the tarnished organization’s efforts to remediate misconduct. Yet despite their use in high-profile and serious matters of organizational wrongdoing, they are not an outgrowth of careful study and deliberate planning. Instead, Modern-Day Monitorships have been ...


Carter Snead Lecture "Physician Assisted Suicide: Objections In Principle And In Prudence", O. Carter Snead Sep 2014

Carter Snead Lecture "Physician Assisted Suicide: Objections In Principle And In Prudence", O. Carter Snead

Faculty Lectures and Presentations

Professor Carter Snead delivered a lecture “The Law, Ethics and Public Policy of Assisted Suicide: Arguments in Principle and Prudence” and a panelist at Fostering Better Relationships Between Doctors and Lawyers: Practical Case Panels to the full pediatric medical staff (physicians and residents) at the monthly Pediatric Grand Rounds of the Medical University of South Carolina (located in Charleston, S.C.) September 25.


Reason, Revelation, Universality And Particularity In Ethics, John M. Finnis Jan 2008

Reason, Revelation, Universality And Particularity In Ethics, John M. Finnis

Journal Articles

This address to a philosophical conference on truth and faith in ethics engages in an extended critique of the account of truth in Bernard Williams, Truth and Truthfulness: an essay in genealogy (Princeton University Press, 2002). For any jurisprudential, moral or political theory that affirms natural law needs to respond first to sceptical denials that reason can discover any truths about what ends all human individuals or groups ought to pursue. But any such theory also needs to make clear how it differs from, even when it coincides in moral judgment with, bodies of moral teaching self-identified as part of ...


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 ...


Rights And The Need For Objective Moral Limits, Charles E. Rice Jan 2005

Rights And The Need For Objective Moral Limits, Charles E. Rice

Journal Articles

No abstract provided.


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.


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.


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.


Why Informed Consent? Human Experimentation And The Ethics Of Autonomy, Richard W. Garnett Jan 1996

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

Journal Articles

No abstract provided.


Narrative In The Moral Theology Of Tom Shaffer, John D. Ayer Jan 1990

Narrative In The Moral Theology Of Tom Shaffer, John D. Ayer

1971–1975: Thomas L. Shaffer

Essay Review

Thomas L. Shaffer, American Legal Ethics: Text, Readings, and Discussion Topics. New York: Matthew Bender, 1985. Pp. xxix + 645 + 92 apps. $32.50.

-----------, Faith and the Professions. Provo, Utah: Brigham Young University Press, 1987. Pp. ix + 337. $29.50.

I. Character Ethics

II. Shaffer's Project

III. Storytelling

IV. Community

V. Grades


The Pervasive Method Of Teaching Ethics, David T. Link Jan 1989

The Pervasive Method Of Teaching Ethics, David T. Link

Journal Articles

No abstract provided.


Should A Christian Lawyer Serve The Guilty?, Thomas L. Shaffer Jan 1989

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

Journal Articles

No abstract provided.


Less Suffering When You're Warned: A Response To Professor Lewis, Thomas L. Shaffer Jan 1989

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

Journal Articles

No abstract provided.


Legal Enforcement Of "Duties To Oneself": Kant Vs. Neo-Kantians, John M. Finnis Jan 1987

Legal Enforcement Of "Duties To Oneself": Kant Vs. Neo-Kantians, John M. Finnis

Journal Articles

This Article considers writings by modern scholars including Rawls, Dworkin, and D.A.J. Richards on the topic of Kant's discussion of the neutrality principle and the harm principle.


The Ethics Of Dissent And Friendship In The American Professions, Thomas L. Shaffer Jan 1986

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

Journal Articles

Professional ethics is commonly understood as a creature of the establishment—the study of what the better doctors and lawyers do and impose on their colleagues. But this traditional notion of ethics conveys a message that professionals need only care for their clients or patients to a certain point whether it is the end of the professional’s expertise, the end of the contract or the end of an assigned task. But this ethical understanding loses the sense of professionals serving a community. This Article dissents from that common understanding of ethics and tells dissenting-professional stories that show professional ethics ...


The "Natural Law Tradition", John M. Finnis Jan 1986

The "Natural Law Tradition", John M. Finnis

Journal Articles

This "tradition of natural law theory" has three main features: First, critique and rejection of ethical scepticism, dogmatism and conventionalism; Second, clarification of the methodology of descriptive and explanatory social theories (e.g., political science, economics, jurisprudence .... ); Third, critique and rejection of aggregative conceptions of the right and the just (e.g., consequentialism, utilitarianism, wealth-maximization, "proportionalism"...).


Getting Serious About Legal Ethics, Thomas L. Shaffer Aug 1985

Getting Serious About Legal Ethics, Thomas L. Shaffer

Journal Articles

This essay is a slightly reworked version of the introduction lo the author's book American Legal Ethics (1985). Copyright 1985 by Matthew Bender & Co. , Inc. ; reprinted with permission. Portions of this essay originally appeared as an article in The University of Baltimore Law Forum, Fall, 1983, p. 6, and are used here with the permission of that journal.


The Gentleman In Professional Ethics, Thomas L. Shaffer Jan 1984

The Gentleman In Professional Ethics, Thomas L. Shaffer

Journal Articles

The character of the “gentlemen” has served as a basis for ethics in professionalism. The purpose of this article is to describe the gentleman’s ethics, to explain its implications on the legal profession, to test its adequacy, and to argue that the gentleman’s ethic veered wrong by moving away from its religious tradition. In particular, the author analyzes its adequacy by engaging in four tests including (1) whether the gentleman’s ethic survives conceptions of class and professionalism; (2) whether it provides the skills needed for dealing with power and institutions; (3) whether it takes into account the ...


The Legal Ethics Of Servanthood, Thomas L. Shaffer Jan 1982

The Legal Ethics Of Servanthood, Thomas L. Shaffer

Journal Articles

No abstract provided.


Natural Law And The "Is"-"Ought" Question: An Invitation To Professor Veatch, John M. Finnis Jan 1982

Natural Law And The "Is"-"Ought" Question: An Invitation To Professor Veatch, John M. Finnis

Journal Articles

This Article invites Professor Henry Veatch to consider some of Finnis' previous work. Finnis asserts that his work presents "serious questions" for those who interpret Aristotle and Acquinas in the way the Veatch does and invites Veatch to respond.


The Moral Theology Of Atticus Finch, Thomas L. Shaffer Jan 1981

The Moral Theology Of Atticus Finch, Thomas L. Shaffer

Journal Articles

Heroes are identified by the needs of those who choose them. In the case of Atticus Finch, heroism centered on his insistence in telling the truth. In this article, Thomas L. Shaffer explores the idea that this truth was (I) an expression of the person he was and of the community he sought for his children and neighbors; (II) an expression of the virtue of courage and also (and therefore) the expression of a theology; (III) a political act; and (IV) a professional act. As early as 1854, Judge Sharswood (chief justice, law dean and eminent lawyer) could draw a ...