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Articles 1 - 14 of 14
Full-Text Articles in Law
Self-Regulation Of Judicial Misconduct Could Be Mis-Regulation, Anthony D'Amato
Self-Regulation Of Judicial Misconduct Could Be Mis-Regulation, Anthony D'Amato
Michigan Law Review
Judge Harry T. Edwards has written a lucid and seemingly logical plea for the judiciary to be granted exclusive self-regulation over all matters of judicial misconduct that fall short of crimes or impeachable offenses. His essay demonstrates the seriousness with which he regards misconduct that would bring shame to the federal judiciary. He believes that the judiciary as a whole is the best institution to ascertain and take measures against individual aberrant judges who are guilty of various forms of misconduct, and I have no doubt of the sincerity of his belief. Yet when we look at claims for self-regulation …
Rethinking "Original Intent", David B. Lyons
Rethinking "Original Intent", David B. Lyons
Faculty Scholarship
Although Dred Scott v. Sandford is one of the Supreme Court's most controversial decisions, it is not often taught or read. But its approach to constitutional interpretation is by no means outdated, and its historical importance has not diminished. So it seems a good example to consider.
Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann
Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann
Faculty Scholarship
This Essay is an effort to construct a normative basis for a constitutional theory to resist the Supreme Court's recent decision in DeShaney v. Winnebago County Department of Social Services.1 In DeShaney, the Court decided that a local social service worker's failure to prevent child abuse did not violate the due process clause of the fourteenth amendment even though the social worker "had reason to believe" the abuse was occurring. 2 Chief Justice Rehnquist's opinion for the Court held that government inaction cannot violate due process unless the state has custody of the victim, 3 thus settling a controversial …
Book Review, Mitchell M. Simon
Book Review, Mitchell M. Simon
RISK: Health, Safety & Environment (1990-2002)
Review of the book Codes of Professional Responsibility (Rena A. Gorlin, ed., BNA Books, 1990). This 555 page book includes 43 codes of conduct promulgated by the major professional associations in business, health, and law. Each code is preceded by a brief description of the relevant association, including its address and phone number, and information relating to implementation and enforcement. The book concludes with three helpful resource lists including: first, research centers, educational programs and governmental bodies dealing with ethical issues; second, journals and periodical services; and, third, bibliographies, databases and libraries with special ethics collections. The resource sections and …
Threat To Religious Liberty By The Welfare State: An Illusion, Bruce Fein
Threat To Religious Liberty By The Welfare State: An Illusion, Bruce Fein
William & Mary Law Review
No abstract provided.
Alive And Well: Religious Freedom In The Welfare State, Anita L. Allen
Alive And Well: Religious Freedom In The Welfare State, Anita L. Allen
William & Mary Law Review
No abstract provided.
Religious Liberty In The Welfare State, Richard A. Epstein
Religious Liberty In The Welfare State, Richard A. Epstein
William & Mary Law Review
No abstract provided.
Narrative In The Moral Theology Of Tom Shaffer, John D. Ayer
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
Reflections On Identity, Diversity And Morality, Deborah W. Post
Reflections On Identity, Diversity And Morality, Deborah W. Post
Scholarly Works
The author reflects over events in her life that helped her define herself and her ethical identity, a black woman teacher.
Global Warming: Integrating United States And International Law, Lakshman D. Guruswamy
Global Warming: Integrating United States And International Law, Lakshman D. Guruswamy
Publications
No abstract provided.
Review Of Christopher F. Mooney, Public Virtue: Law And The Social Character Of Religion (1986), Leslie C. Griffin
Review Of Christopher F. Mooney, Public Virtue: Law And The Social Character Of Religion (1986), Leslie C. Griffin
Scholarly Works
No abstract provided.
Chipping Away At Lawyer Veracity: The Aba's Turn Toward Situation Ethics In Negotiations, Ruth Fleet Thurman
Chipping Away At Lawyer Veracity: The Aba's Turn Toward Situation Ethics In Negotiations, Ruth Fleet Thurman
Journal of Dispute Resolution
This Article questions the wisdom of the Model Rule's exceptions to honest dealings in negotiations on several grounds: (1) Proponents of the exceptions have not offered empirical evidence or professional justification for this approach; 16 (2) The approach will further tarnish the profession's image; (3) The approach will create a slippery slope that leads to unintended ethical violations; and (4) The approach will erode the high degree of trust, veracity and integrity required of lawyers as "officer[s] of the legal system."1 7 For these reasons, the Model Rule's exceptions to honesty in negotiations should be abolished by the ABA and …
Kentucky's New Rules Of Professional Conduct For Lawyers, Eugene R. Gaetke
Kentucky's New Rules Of Professional Conduct For Lawyers, Eugene R. Gaetke
Law Faculty Scholarly Articles
On July 12, 1989, the Kentucky Supreme Court adopted its own version of the American Bar Association's 1983 Model Rules of Professional Conduct as the body of disciplinary law applicable to lawyers practicing in the state. These new rules constitute a major improvement in the state's law of legal ethics. Their adoption should be considered a victory for Kentucky lawyers and, more importantly, a victory for the people of the state, the ultimate beneficiaries of the regulation of the legal profession.
As with most victories, the adoption of the new rules was not unequivocally positive. Kentucky's version of the Model …
Reflections On Identity, Diversity And Morality, Deborah Post
Reflections On Identity, Diversity And Morality, Deborah Post
Deborah W. Post
No abstract provided.