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2004

Ethics

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Articles 1 - 30 of 37

Full-Text Articles in Law

Teaching Ethics In The Criminal Law Course, Peter A. Joy Oct 2004

Teaching Ethics In The Criminal Law Course, Peter A. Joy

Saint Louis University Law Journal

No abstract provided.


Lisa Schechtman On Reproductive Health And Human Rights: Integrating Medicine, Ethics, And Law By Rebecca J. Cook, Bernard M. Dickens, And Mahmoud F. Fathalla. Oxford: Oxford University Press, 2003. 554 Pp., Lisa Schechtman Oct 2004

Lisa Schechtman On Reproductive Health And Human Rights: Integrating Medicine, Ethics, And Law By Rebecca J. Cook, Bernard M. Dickens, And Mahmoud F. Fathalla. Oxford: Oxford University Press, 2003. 554 Pp., Lisa Schechtman

Human Rights & Human Welfare

A review of:

Reproductive Health and Human Rights: Integrating Medicine, Ethics, and Law by Rebecca J. Cook, Bernard M. Dickens, and Mahmoud F. Fathalla. Oxford: Oxford University Press, 2003. 554 pp.


Mid-Atlantic Ethics Committee Newsletter, Fall 2004 Jul 2004

Mid-Atlantic Ethics Committee Newsletter, Fall 2004

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Mid-Atlantic Ethics Committee Newsletter, Summer 2004 Jul 2004

Mid-Atlantic Ethics Committee Newsletter, Summer 2004

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


The Ethics Of Using Judges To Conceal Wrongdoing, John P. Freeman Jul 2004

The Ethics Of Using Judges To Conceal Wrongdoing, John P. Freeman

South Carolina Law Review

No abstract provided.


Understanding New Hampshire’S Rule 4.2 As Applied To Corporate Litigants: An Explanation And Suggestions For Improvement, Heather Menezes Jun 2004

Understanding New Hampshire’S Rule 4.2 As Applied To Corporate Litigants: An Explanation And Suggestions For Improvement, Heather Menezes

The University of New Hampshire Law Review

[Excerpt] “Consider this scenario: an attorney represents a client in litigation against a corporation. The attorney gets a call from an employee of that corporation and the employee says, “Everything in your complaint is absolutely correct.” However excited the attorney is to speak with this person, the Rules of Professional Conduct constrain whom the attorney can talk to if a corporation is involved in the pending litigation. In New Hampshire, any attorney can quickly find that Rule 4.2 prohibits contact with a represented party.1 But is this corporate employee a represented party? Even after reading the comment to the rule …


Duties And Responsibilities Of Lawyers In Light Of In Re Myers: Are You Aware, Sarah Theresa Eibling Apr 2004

Duties And Responsibilities Of Lawyers In Light Of In Re Myers: Are You Aware, Sarah Theresa Eibling

South Carolina Law Review

No abstract provided.


Casablanca: Judgment And Dynamic Enclaves In Law And Cinema, Shulamit Almog, Amnon Reichman Apr 2004

Casablanca: Judgment And Dynamic Enclaves In Law And Cinema, Shulamit Almog, Amnon Reichman

Osgoode Hall Law Journal

By interpreting the narrative and imagery of the film Casablanca, this article seeks to explore the concept of law as enclave. An enclave is a domain-physical, virtual-emotional, conceptual, social or other-defined by certain boundaries and rules of entrance and exit. We argue that Casablanca is about constructing and reconstructing such enclaves. The structure of a pending journey between enclaves organizes the events taking place in Casablanca and constitutes their dynamic nature. Enclaves, we argue, are central to the structure and operation of the law. Recognizing the enclitic nature of law allows us a better grasp of the ethical dimensions of …


Nova Scotia Barristers' Society V Murrant, Innis Christie, B Wd Badley, Deborah E. Gillis, Kevin Patriquin, Charles T. Schafer Jan 2004

Nova Scotia Barristers' Society V Murrant, Innis Christie, B Wd Badley, Deborah E. Gillis, Kevin Patriquin, Charles T. Schafer

Innis Christie Collection

The Hearing Panel of the Hearing Subcommittee, empanelled by the Chair of the Hearing Subcommittee in accordance with Regulation 40 of the Nova Scotia Barristers' Society Regulations (hereafter, "the Regulations") made under the authority in s. 59 of the Barristers and Solicitors Act, R.S.N.S 1989, as am. (hereafter, "the Act") to hear and decide this matter, consisted of:

Dr. B.W.D. Badley

Innis Christie, Q.C., Chair

Deborah E. Gillis, Q.C.

Kevin J. Patriquin

Dr. Charles T. Schafer

The Panel met to hear evidence and submissions by counsel on October 2 and 3, 2003. The Society was represented by …


Lisa Schechtman On Social Work And Human Rights: A Foundation For Policy And Practice By Elisabeth Reichert. New York: Columbia University Press, 2003. 295pp., Lisa Schechtman Jan 2004

Lisa Schechtman On Social Work And Human Rights: A Foundation For Policy And Practice By Elisabeth Reichert. New York: Columbia University Press, 2003. 295pp., Lisa Schechtman

Human Rights & Human Welfare

A review of:

Social Work and Human Rights: A Foundation for Policy and Practice by Elisabeth Reichert. New York: Columbia University Press, 2003. 295pp.


Ethics And The Legitimation Of The Pursuit Of Equity In School Finance, James Gordon Ward Jan 2004

Ethics And The Legitimation Of The Pursuit Of Equity In School Finance, James Gordon Ward

Saint Louis University Public Law Review

No abstract provided.


Popular Culture As A Lens On Legal Professionalism, Alexander W. Scherr, Hillary Brave Farber Jan 2004

Popular Culture As A Lens On Legal Professionalism, Alexander W. Scherr, Hillary Brave Farber

South Carolina Law Review

No abstract provided.


The Obligation Of Legal Aid Lawyers To Champion Practice By Nonlawyers, Deborah J. Cantrell Jan 2004

The Obligation Of Legal Aid Lawyers To Champion Practice By Nonlawyers, Deborah J. Cantrell

Fordham Law Review

No abstract provided.


Capturing The Dialectic Between Principles And Cases, Kevin D. Ashley Jan 2004

Capturing The Dialectic Between Principles And Cases, Kevin D. Ashley

Articles

Theorists in ethics and law posit a dialectical relationship between principles and cases; abstract principles both inform and are informed by the decisions of specific cases. Until recently, however, it has not been possible to investigate or confirm this relationship empirically. This work involves a systematic study of a set of ethics cases written by a professional association's board of ethical review. Like judges, the board explains its decisions in opinions. It applies normative standards, namely principles from a code of ethics, and cites past cases. We hypothesized that the board's explanations of its decisions elaborated upon the meaning and …


Human Rights, Health, And Corporations, Gerald Montgomery Jan 2004

Human Rights, Health, And Corporations, Gerald Montgomery

Human Rights & Human Welfare

Unfettered economic policies have had a notable effect on the state of human rights. With the increasing spread of transnational corporations (TNCs), non-governmental organizations (NGOs) play a major role in setting ethical and moral standards for with the quality of life in the developing states where TNCs do business. Many TNCs are trying frantically to implement strategies that would alleviate labor injustices and corrupt practices in order to meet the standards argued for by NGOs.


No Value For A Pound Of Flesh: Extending Marketinalienability Of The Human Body, Andrew Wancata Jan 2004

No Value For A Pound Of Flesh: Extending Marketinalienability Of The Human Body, Andrew Wancata

Journal of Law and Health

In the United States and many countries throughout the world, selling non-regenerative organs for monetary gain constitutes a serious criminal offense. Notwithstanding this strong ban on the sale of organs, United States citizens are permitted to sell other "parts" of their bodies, including blood, sperm, and eggs ("ova"), for market value because current statutes do not consider reproductive cells and other regenerative tissue "organs" or even within the ambit of "parts." Rather, in most contexts, regenerative cells and tissue are though of as "products" of the human body. In fact, the United States remains one of only a few industrialized …


Against Lawyer Retaining Liens, John Leubsdorf Jan 2004

Against Lawyer Retaining Liens, John Leubsdorf

Fordham Law Review

No abstract provided.


Dr. Joseph Rohan Lex, Jr., M.D. Faaem - The Physician-Pharmaceutical Industry Relationship, Joseph Rohan Lex Jr. Jan 2004

Dr. Joseph Rohan Lex, Jr., M.D. Faaem - The Physician-Pharmaceutical Industry Relationship, Joseph Rohan Lex Jr.

Journal of Law and Health

My premise is that physician interactions with marketing representatives result in inevitable and irreconcilable conflicts of interest or the appearance of conflicts of interest. Our patients in medicine are the ultimate losers from such interactions.


How Much Access? How Much Justice?, Gary Blasi Jan 2004

How Much Access? How Much Justice?, Gary Blasi

Fordham Law Review

No abstract provided.


Teaching Ethics/Doing Justice, Anthony V. Alfieri Jan 2004

Teaching Ethics/Doing Justice, Anthony V. Alfieri

Fordham Law Review

No abstract provided.


Smart Ethics: Ethical Considerations In Promoting Smart Growth Principles, Patricia E. Salkin Jan 2004

Smart Ethics: Ethical Considerations In Promoting Smart Growth Principles, Patricia E. Salkin

Scholarly Works

No abstract provided.


Ethics In Land Use: Using Ethical Allegations As A Sword Rather Than A Shield, Patricia E. Salkin Jan 2004

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

Scholarly Works

No abstract provided.


Popular Culture As A Lens On Legal Professionalism, Alex Scherr, Hillary Farber Jan 2004

Popular Culture As A Lens On Legal Professionalism, Alex Scherr, Hillary Farber

Scholarly Works

Why use art to teach lawyering?' Despite divergences in method and intention, the two disciplines overlap. If the prevalence of lawyers in movies, television, literature, and even humor means anything, popular culture remains fascinated with lawyers. Our practices, our ethics, and our professional personae serve as a mine for image and narrative, a target for cultural critique, and a catalyst for expression. Not surprisingly, images of lawyers in cartoons, film, television, and literature offer unique opportunities to teach and explore professionalism. The proliferation of lawyer images in popular culture provides an array of material ranging from career choice to particular …


The International Human Rights & Ethical Aspects Of The Forum Non Conveniens Doctrine, Francisco Forrest Martin Jan 2004

The International Human Rights & Ethical Aspects Of The Forum Non Conveniens Doctrine, Francisco Forrest Martin

University of Miami Inter-American Law Review

No abstract provided.


Adr Ethics, Scott R. Peppet Jan 2004

Adr Ethics, Scott R. Peppet

Publications

No abstract provided.


Gambling With Ethics And Constitutional Rights: A Look At Issues Involved With Contingent Fee Arrangements In Criminal Defense Practice, Adam Silberlight Jan 2004

Gambling With Ethics And Constitutional Rights: A Look At Issues Involved With Contingent Fee Arrangements In Criminal Defense Practice, Adam Silberlight

Seattle University Law Review

This Article attempts to shed light on the use of a contingent fee arrangement in criminal defense, and offers differing views pertaining to this topic. First, this Article will generally describe what a contingent fee is. Second, the role and potential application of the contingent fee in both criminal and civil settings will be discussed. Third, problems associated with such an arrangement in criminal defense practice will be addressed, as will certain positive aspects of such an arrangement. Finally, this article will discuss how lawmakers could address this issue to ensure that contingency arrangements cannot be abused.


Lawyers Should Be Lawyers, But What Does That Mean?: A Response To Aiken & Wizner And Smith, Katherine R. Kruse Jan 2004

Lawyers Should Be Lawyers, But What Does That Mean?: A Response To Aiken & Wizner And Smith, Katherine R. Kruse

Scholarly Works

Lawyers should be more like social workers. That is the message of Law as Social Work, the provocative essay by Jane Aiken and Stephen Wizner (Aiken & Wizner) in the Washington University Journal of Law & Policy volume, which preceded the conference on Promoting Justice Through Interdisciplinary Teaching, Practice, and Scholarship, hosted by Washington University School of Law in March 2003. Almost as if in reply, Abbe Smith's contribution to the same pre-conference volume reasserts the importance of lawyers as zealous and partisan advocates, using the realities of the criminal defense context to argue for the value of the lawyer's …


The Ethics Of Using Judges To Conceal Wrongdoing, John P. Freeman Jan 2004

The Ethics Of Using Judges To Conceal Wrongdoing, John P. Freeman

Faculty Publications

No abstract provided.


Leaders, Followers, And Free Riders: The Community Lawyer's Dilemma When Representing Non-Democratic Client Organizations, Michael Diamond, Aaron O'Toole Jan 2004

Leaders, Followers, And Free Riders: The Community Lawyer's Dilemma When Representing Non-Democratic Client Organizations, Michael Diamond, Aaron O'Toole

Fordham Urban Law Journal

This article explores various aspects of the dissonance between the democratic ideal and the reality of groups in disenfranchised and disempowered communities. The authors discuss the intersection of democracy and community action by examining the sociology of groups and the social psychology of leaders and followers. They also examine the role of, and choices presented to, an attorney working in a community and for a local community group.


Catholic Clergy Sexual Abuse Meets The Civil Law, Thomas P. Doyle, Stephen C. Rubino Jan 2004

Catholic Clergy Sexual Abuse Meets The Civil Law, Thomas P. Doyle, Stephen C. Rubino

Fordham Urban Law Journal

This article examines the sexual abuse scandal that has racked the Roman Catholic Church since 1984, focusing in particular on how the Church's authority structure has responded and how the American civil court system has been used by victims to seek redress. It gives an overview of the Church's legal system, Canon Law, and the way that system and the Church leadership have dealt (or failed to deal) with the problem of sexual abuse. Part II takes a "long look back" to the history of sexual abuse and Canon Law before 1984. Part III details how the Church has dealt …