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2006

Ethics

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Full-Text Articles in Law

Mid-Atlantic Ethics Committee Newsletter, Fall 2006-Winter 2007 Oct 2006

Mid-Atlantic Ethics Committee Newsletter, Fall 2006-Winter 2007

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Corporations And The Lateral Obligations Of The Social Contract, Benedict Sheehy Sep 2006

Corporations And The Lateral Obligations Of The Social Contract, Benedict Sheehy

ExpressO

Social contract theorists suggest that society at some level is based on the idea that human people surrender freedom for the privilege of participating in society. That participation implicitly requires more than mere minimal compliance with law. Each human person’s contribution to society above the legal baseline, permits humans to create a society that is at least tolerable. Corporations as non-human act without regard for these supra-legal obligations which results in society suffering injustice. Corporate participation in society has become increasingly unjust and has done so to the extent that we may speak of living in a post-ethical world.


Peace Is Not The Absence Of Conflict: A Response To Professor Rogers' Article: "Fit And Function In Legal Ethics", Kirsten D. Weisenberger Jul 2006

Peace Is Not The Absence Of Conflict: A Response To Professor Rogers' Article: "Fit And Function In Legal Ethics", Kirsten D. Weisenberger

ExpressO

This paper takes the theoretical model Professor Catherine Rogers developed in her article “Fit and Function in Legal Ethics: Developing a Code of Conduct for International Arbitration,” 23 MICH. J. INT’L L. 341 (2002) as the starting point for an original argument that conflicts of laws analysis should be used to determine which legal ethics rules should apply to lawyers practicing international arbitration. The argument is supported by the new ABA Model Rules of Professional Conduct rule on choice of law explicitly applies conflicts of laws analysis to lawyers practicing in the multijurisdictional settings. This paper analyses the new ...


How Can A Mediator Be Both Impartial And Fair: Why Ethical Standards Of Conduct Create Chaos For Mediators, Susan Nauss Exon Jul 2006

How Can A Mediator Be Both Impartial And Fair: Why Ethical Standards Of Conduct Create Chaos For Mediators, Susan Nauss Exon

Journal of Dispute Resolution

This article focuses on newly developing Standards designed to regulate the mediation industry with respect to civil disputes. The particular focus is on the mediator's requirements of neutrality and impartiality and whether these requirements are impacted by assurances of a fair result and other fairness concepts such as a balanced process and informed decision making. The basic problem is that mediators are guided by Standards and stand-alone definitions of mediation, yet many Standards contain contradictory or vague provisions. Furthermore, the mediator's actual role may be dictated by her own personal style, values, and commercial needs in conjunction with ...


Mid-Atlantic Ethics Committee Newsletter, Summer 2006 Jul 2006

Mid-Atlantic Ethics Committee Newsletter, Summer 2006

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Agenda: Climate Change And The Future Of The American West: Exploring The Legal And Policy Dimensions, University Of Colorado Boulder. Natural Resources Law Center Jun 2006

Agenda: Climate Change And The Future Of The American West: Exploring The Legal And Policy Dimensions, University Of Colorado Boulder. Natural Resources Law Center

Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)

Sponsors: The William and Flora Hewlett Foundation; BP America; Holland & Hart; Patrick, Miller & Krope, P.C.; The Rocky Mountain Mineral Law Foundation, Rocky Mountain Natural Resource Center of the National Wildlife Federation, Western Water Assessment.

Exploring the legal and political dimensions that climate change will bring to the American West will be the focus of the CU-Boulder Natural Resources Law Center's 27th Annual Summer Conference.

Titled "Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions," the conference will be held June 7-9 at the Fleming Law Building on the University of Colorado at Boulder campus.

Participants will ...


The Professionalization Of Law Firm In-House Counsel, Elizabeth Chambliss Jun 2006

The Professionalization Of Law Firm In-House Counsel, Elizabeth Chambliss

Faculty Publications

This Article examines the structural evolution of the "firm counsel" position from a volunteer, part-time position filled by an existing partner to a specialized, often full-time position increasingly filled by career in-house counsel. Based on focus groups and interviews with firm counsel, as well as participant observation at meetings and conferences aimed at firm counsel, I examine how the professionalization of the firm counsel position affects: (1) the definition of the firm as the client; (2) the authority of firm counsel with partners; and (3) firm counsels' professional commitments and attitudes about ethical rules. I find that, from a regulatory ...


Stealing What's Free: Exploring Compensation To Body Parts Sources For Their Contribution To Profitable Biomedical Research, Jo-Anne Yau May 2006

Stealing What's Free: Exploring Compensation To Body Parts Sources For Their Contribution To Profitable Biomedical Research, Jo-Anne Yau

ExpressO

It is undisputed in the biotechnology industry that human body parts play a vital role in research. The body parts donors, referred to as "Sources" in this article, are subjected to physical and financial exploitation. Forbidding the explosion of profits from trickling down to the Source presents an irrational inequity. Despite established law, it is evident from case analysis, prevailing social practices, and constitutional interpretation that Source compensation is a plausible solution.

This article proposes a model of compensation for Sources, whereby Sources are compensated based on a proportionate share of the research profits set aside for the Source as ...


Science, Humanity, And Atrocity: A Lawyerly Examination, Steven D. Smith May 2006

Science, Humanity, And Atrocity: A Lawyerly Examination, Steven D. Smith

Michigan Law Review

Joseph Vining's reflection on (as the subtitle indicates) the claims of science and humanity begins with a terse but disturbing recitation of these and similar scientific experiments conducted on human beings during the twentieth century in Manchuria, Nazi Germany, and Pol Pot's Cambodia. The incidents are conveyed through quotations, sometimes of the coldly clinical prose that the researchers themselves chose as most suitable for their purposes. These quotations are juxtaposed against others from an array of distinguished scientists and philosophers explaining the naturalistic cosmology that, in the view of these thinkers, modern science has given us: it is ...


Herbert Hart Elucidated, A. W. Brian Simpson May 2006

Herbert Hart Elucidated, A. W. Brian Simpson

Michigan Law Review

There are a number of good biographies of judges, but very few of individual legal academics; indeed, so far as American legal academics are concerned, the only one of note that comes to mind is William Twining's life of Karl Llewellyn. Llewellyn was, of course, a major figure in the evolution of American law, and his unusual life was a further advantage for his biographer. In this biography, Nicola Lace has taken as her subject an English academic who also had an unusual career, one whose contribution was principally not to the evolution of the English legal system but ...


Civil Engagement Versus Social Engineering: What Can Be Learned From Nanojury Uk, Michele L. Mekel Mar 2006

Civil Engagement Versus Social Engineering: What Can Be Learned From Nanojury Uk, Michele L. Mekel

Michele L Mekel

Although nanotechnology is pervasive in scientific circles, it has only just begun to cross the public's radar screen here in the United States and around the world. But, as nanotechnology moves from under the microscope into the mainstream at an ever-accelerating pace, and as the citizenry begins to take notice of this nascent technology that promises everything from revolutionizing the economy to curing intractable diseases, understanding public sentiment toward nanotechnology and the societal issues it raises is critical to the formulation of appropriate nanopolicy.


Legal Doubletalk And The Concern With Positional Conflicts: A "Foolish Consistency?", Helen A. Anderson Mar 2006

Legal Doubletalk And The Concern With Positional Conflicts: A "Foolish Consistency?", Helen A. Anderson

ExpressO

This article explores the question whether lawyers should be able to argue both sides of a legal issue is unrelated cases. Today the ABA and many state bar associations caution against so-called “positional conflicts,” analyzing them as potential conflicts of interest under a multi-factor test. This relatively recent concern misses the real potential for harm: it is precisely when a lawyer decides not to make a contradictory argument for one client in order not to offend or harm another client that an ethical problem is likely to be present. A positional conflict is therefore evidence that any pressure to modify ...


Standing In Babylon, Looking Toward Zion, Katherine R. Kruse Mar 2006

Standing In Babylon, Looking Toward Zion, Katherine R. Kruse

Nevada Law Journal

No abstract provided.


Implementation Of Sarbanes-Oxley: New Rules For Lawyers And What Lawyers Think, Olga Yevglevskaya-Wayne Jan 2006

Implementation Of Sarbanes-Oxley: New Rules For Lawyers And What Lawyers Think, Olga Yevglevskaya-Wayne

ExpressO

This paper discusses practical implications of Sarbanes-Oxley for lawyers. Emphasis is on the new federal rules of professional responsibility the Act sets up. The paper includes the views of various renowned practitioners interpreting and using these rules. The paper also contains suggestions for how the Securities and Exchange Commission could potentially improve those areas that are proving problematic for attorneys so as to better effectuate the purpose of this major new law, in light of its legislative history and intent, which are also discussed in the paper.


Do Ask And Do Tell: Rethinking The Lawyer’S Duty To Warn In Domestic Violence Cases, Margaret B. Drew, Sarah Buel Jan 2006

Do Ask And Do Tell: Rethinking The Lawyer’S Duty To Warn In Domestic Violence Cases, Margaret B. Drew, Sarah Buel

Faculty Publications

Empirical data document that while domestic violence victims face high risk of recurring abuse, batterers’ lawyers may be privy to information that could avert further harm. Attorneys owe a duty of confidentiality to their clients that can be breached only in extraordinary circumstances, such as when counsel learns her client plans to commit a crime. To resolve the tension between client confidentiality and victim safety, this Article argues that, in the context of domestic violence cases, lawyers have an affirmative duty to (1) screen battering clients who have indicated a likelihood of harming others, (2) attempt to dissuade them from ...


Nanotechnologies: Small Science, Big Potential, And Bigger Issues, Michele L. Mekel Jan 2006

Nanotechnologies: Small Science, Big Potential, And Bigger Issues, Michele L. Mekel

Michele L Mekel

Ethical, legal, and social implications must be taken into account when considering environmental, health, and safety issues, as well as the constitution of human nature. The hyperbole related to emerging technologies must be broken down around the marketing of nanotechnologies in order to discuss, much more candidly, pressing ethical and legal risks.


Supplying Human Body Parts: A Jewish Law Perspective, Steven Resnicoff Jan 2006

Supplying Human Body Parts: A Jewish Law Perspective, Steven Resnicoff

College of Law Faculty

This article explores two related, but distinct, questions: (1) whether, under Jewish law, it is ethical for someone to buy or sell human body parts, and (2) whether, given Jewish law's perspective, it would be appropriate for the United States to adopt a distribution system that would give preference to people who volunteer to be prospective donors. These questions should interest three different kinds of people: (1) those who seek to abide by Jewish law and, therefore, need to know its rules; (2) those who respect Jewish law, who are curious about it, and who might be persuaded by ...


Expecting Too Much And Too Little Of Lawyers, Eugene R. Gaetke Jan 2006

Expecting Too Much And Too Little Of Lawyers, Eugene R. Gaetke

Law Faculty Scholarly Articles

The regulation of lawyers' behavior remains a controversial topic. Over the past hundred years, the organized bar has engaged in a number of efforts to generate rules governing lawyers' conduct. Still, prominent lawyers and jurists, the public media, and legal scholars perceive an ongoing decline in the profession's ethics.

Bar leaders tend to respond to the problem by calling for greater "professionalism" among practicing lawyers. Drawing on professional images from earlier times, they urge lawyers to look beyond the rules and to be more virtuous, selfless, independent of clients, and dedicated to justice.

A number of commentators go further ...


The Expressive Impact Of Patents, Timothy R. Holbrook Jan 2006

The Expressive Impact Of Patents, Timothy R. Holbrook

Washington University Law Review

Patents represent a quid pro quo between the public and the inventor: in exchange for disclosing the invention, the inventor receives the right to exclude others from practicing her invention. They therefore serve as a source of technical information. Patents also communicate information to markets and companies that serve to reduce various transaction costs, allowing more efficient transactions and investment. Patents consequently communicate various types of information beyond the technical. There is no reason, however, that such messages must be limited to the technical or the pecuniary. This Article explores whether patents, like other governmental acts such as legislation, can ...


Global Justice In Healthcare: Developing Drugs For The Developing World, William W. Fisher, Talha Syed Jan 2006

Global Justice In Healthcare: Developing Drugs For The Developing World, William W. Fisher, Talha Syed

Faculty Scholarship

No abstract provided.


Moralizing In Public, Anita L. Allen Jan 2006

Moralizing In Public, Anita L. Allen

Hofstra Law Review

No abstract provided.


Institutional And Individual Justification In Legal Ethics: The Problem Of Client Selection, W. Bradley Wendel Jan 2006

Institutional And Individual Justification In Legal Ethics: The Problem Of Client Selection, W. Bradley Wendel

Hofstra Law Review

Monroe Freedman is well known as a proponent of the "standard conception" of legal ethics - that is, that a lawyer cannot be criticized in moral terms for actions taken in a representative capacity. Surprisingly, however, Freedman has argued that client selection is a decision for which a lawyer may be required to provide a justification in ordinary moral terms. This apparent inconsistency reveals a conceptual distinction in normative ethical theory, which is often blurred, between justifying a practice (in this case, the legal system or some specialized practice such as criminal defense) and justifying an action falling within the practice ...


Washington's New Rules Of Professional Conduct: A Balancing Act , Johanna M. Ogdon Jan 2006

Washington's New Rules Of Professional Conduct: A Balancing Act , Johanna M. Ogdon

Seattle University Law Review

Part II begins by exploring the history of the Rules of Professional Conduct. Part II then briefly turns to the origins of the modern debate over candor and confidentiality and focuses on two of the most essentially opposed and well known scholars on the issue, Judge Marvin Frankel and Professor Monroe Freedman. Part III dissects Washington's newly adopted RPC, focusing on Rules 1.6 and 3.3. Part IV suggests that although the new rules mostly balance a client's interest in confidentiality with a court's interest in candor, attorneys should be given the discretion to reveal client ...


Against Idols: The Court As A Symbol-Making Or Rhetorical Institution, Marie Failinger Jan 2006

Against Idols: The Court As A Symbol-Making Or Rhetorical Institution, Marie Failinger

Faculty Scholarship

Symbolic politics can be quite powerful. This article pursues the question of how the Supreme Court signifies itself, how it discovers and enacts the metaphors from which it will play its part in the American political drama aimed at containing some of the nightmares of human existence, while affirming and encouraging the possibilities for human flourishing. Embedded in this inquiry is the question of how the Court can signify itself while still preserving the truth-telling and humility necessary to legitimize Court decisions.


Bankruptcy Ethics Issues For Solos And Small Firms, Nancy B. Rapoport Jan 2006

Bankruptcy Ethics Issues For Solos And Small Firms, Nancy B. Rapoport

Scholarly Works

This chapter, in Corinne Cooper & Catherine E. Vance's book Attorney Liability in Bankruptcy, walks the reader through some of the traditional ethics issues triggered by representing consumers and small businesses. It also addresses some of the ethics issues that the recent Bankruptcy Amendments (BAPCPA) have created.


Pro Se Defendants And The Appointment Of Advisory Counsel, H. Patrick Furman Jan 2006

Pro Se Defendants And The Appointment Of Advisory Counsel, H. Patrick Furman

Articles

This article provides an overview of advisory counsel used to assist pro se criminal defendants, including the appointment and duties of advisory counsel, ethical obligations, and considerations for trial judges and prosecutors.


A Look At American Legal Practice Through A Perspective Of Jewish Law, Ethics, And Tradition: A Conceptual Overview, Samuel J. Levine Jan 2006

A Look At American Legal Practice Through A Perspective Of Jewish Law, Ethics, And Tradition: A Conceptual Overview, Samuel J. Levine

Scholarly Works

Levine examines the roles of legislative and judicial bodies, in the context of a discussion of broader principles of legislation in the Jewish legal system. In recent years, American legal scholars have increasingly looked to Jewish law as a model of an alternative legal system that considers many of the issues present in the American legal system. In relation to the roles of legislative and judicial bodies, the Jewish legal system provides a particularly illuminating contrast to the American legal system, in part because in Jewish law, the same authority, the Sanhedrin, or High Court, serves in both a legislative ...


Eliminating Political Maneuvering: A Light In The Tunnel For The Government Attorney-Client Privilege, Patricia E. Salkin, Allyson Phillips Jan 2006

Eliminating Political Maneuvering: A Light In The Tunnel For The Government Attorney-Client Privilege, Patricia E. Salkin, Allyson Phillips

Scholarly Works

The long recognized common-law privilege afforded to certain conversations between attorneys and their clients has been the subject of troubling opinions when the lawyer and client are high ranking government officials. In a series of opinions from the 7th, 8th and D.C. Circuit Courts of Appeals, the courts refused to recognize the existence of the attorney-client privilege for the government actors under the circumstances surrounding the cases. However, recent opinions from the 2nd Circuit state that these other courts were simply wrong, setting the stage perhaps, for the U.S. Supreme Court to resolve the issue. Whether this privilege ...


Ethical Considerations In Land Use Decision Making: 2006 Annual Review Of Cases And Opinions, Patricia E. Salkin Jan 2006

Ethical Considerations In Land Use Decision Making: 2006 Annual Review Of Cases And Opinions, Patricia E. Salkin

Scholarly Works

This article reviews reported cases and opinions documenting allegations of unethical conduct involved in land use planning and zoning decision making in 2006.


Toward An Ecclesiastical Professional Ethic: Lessons From The Legal Profession, Daniel R. Coquillette, Judith A. Mcmorrow Jan 2006

Toward An Ecclesiastical Professional Ethic: Lessons From The Legal Profession, Daniel R. Coquillette, Judith A. Mcmorrow

Boston College Law School Faculty Papers

As the Catholic Church struggles with the aftermath of the clergy sexual abuse crisis, some have explored the possibility of an ecclesiastical code of professional conduct. Lawyers' long and storied history with professional codes offers a cautionary tale to those exploring an ecclesiastical code of ethics. As priests to our secular religion of law, lawyers are called forth and mandated by a competent authority to function in a defined role, the specifics of which are reflected, in part, in lawyer codes.

As lawyers moved from Canons of Ethics (1908) to a Code of Professional Responsibility (1969) to Rules of Professional ...