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2013

Ethics

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Full-Text Articles in Law

The Fate Of Local Food Systems In The Global Industrialization Market: Food And Social Justice In The Rural South, Wylin D. Wilson, Reuben C. Warren, Stephen O. Sodeke, Norbert Wilson Dec 2013

The Fate Of Local Food Systems In The Global Industrialization Market: Food And Social Justice In The Rural South, Wylin D. Wilson, Reuben C. Warren, Stephen O. Sodeke, Norbert Wilson

Professional Agricultural Workers Journal

This paper investigates the connection between local food systems, health disparities, and social justice in the rural South. It begins with the relationship between food insecurity and health disparities that disproportionately affect racial and ethnic minority populations, and non-minority women and children. First, we discuss the concept of health disparities within the context of bioethics and public health ethics in order to explore the link between the food system and health as a social justice issue. Second, we define health disparities and discuss how they have historically plagued and disadvantaged racial minority populations. Third, we examine these disparities within the …


Solving Your Ethical Conundrums: Researching The Rules Of Professional Conduct, Joyce Manna Janto Dec 2013

Solving Your Ethical Conundrums: Researching The Rules Of Professional Conduct, Joyce Manna Janto

Law Faculty Publications

Ms. Janto provides a practical guide to researching issues of attorney professional responsibilities using both print and online resources, emphasizing Virginia rules and decisions.


Can Lawyers Be Luddites? Adjusting To The Modification Of The Aba Model Rules Of Professional Conduct Regarding Technology, Darla W. Jackson Nov 2013

Can Lawyers Be Luddites? Adjusting To The Modification Of The Aba Model Rules Of Professional Conduct Regarding Technology, Darla W. Jackson

Darla W. Jackson

No abstract provided.


Summary Of Carrigan V. Nevada Comm’N On Ethics, 129 Nev. Adv. Op. 95, Edward Wynder Nov 2013

Summary Of Carrigan V. Nevada Comm’N On Ethics, 129 Nev. Adv. Op. 95, Edward Wynder

Nevada Supreme Court Summaries

Upon remand from the U.S. Supreme Court, the Supreme Court of Nevada reviewed de novo two issues regarding the Nevada Commission on Ethic’s censure of a city councilmember: (1) whether a recusal provision in the Nevada Ethics in Government Act (NRS 281A.420 ) was void for vagueness and (2) whether it violated public officers’ constitutional right to associate .


What Do We Worry About When We Worry About Price Discrimination? The Law And Ethics Of Using Personal Information For Pricing, Akiva A. Miller Nov 2013

What Do We Worry About When We Worry About Price Discrimination? The Law And Ethics Of Using Personal Information For Pricing, Akiva A. Miller

Akiva A Miller

New information technologies have dramatically increased sellers’ ability to engage in retail price discrimination. Debates over using personal information for price discrimination frequently treat it as a single problem, and are not sufficiently sensitive to the variety of price discrimination practices, the different kinds of information they require in order to succeed, and the different ethical concerns they raise. This paper explores the ethical and legal debate over regulating price discrimination facilitated by consumers’ personal information. Various kinds of “privacy remedies”—self-regulation, technological fixes, state regulation, and legislating private causes of legal action—each have their place. By drawing distinctions between various …


Less Suffering When You're Warned: A Response To Professor Lewis, Thomas L. Shaffer Nov 2013

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

Thomas L. Shaffer

No abstract provided.


Should A Christian Lawyer Serve The Guilty?, Thomas L. Shaffer Nov 2013

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

Thomas L. Shaffer

No abstract provided.


Towering Figures, Enigmas, And Responsive Communities In American Legal Ethics, Thomas L. Shaffer Nov 2013

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

Thomas L. Shaffer

No abstract provided.


The Ethics Of Dissent And Friendship In The American Professions, Thomas L. Shaffer Nov 2013

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

Thomas L. Shaffer

No abstract provided.


Henry Knox And The Moral Theology Of Law Firms, Thomas L. Shaffer Nov 2013

Henry Knox And The Moral Theology Of Law Firms, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


The Moral Theology Of Atticus Finch, Thomas L. Shaffer Nov 2013

The Moral Theology Of Atticus Finch, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Why Informed Consent? Human Experimentation And The Ethics Of Autonomy, Richard W. Garnett Nov 2013

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

Richard W Garnett

No abstract provided.


Redefining Professionalism? Florida's Code Mandating The Aspirational Raises Challenging Questions, Keith W. Rizzardi Nov 2013

Redefining Professionalism? Florida's Code Mandating The Aspirational Raises Challenging Questions, Keith W. Rizzardi

Professionalism Research Library

Responding to continued criticism of the legal profession, Florida recently adopted a new Code for Resolving Professionalism Complaints (professionalism code). The new requirements transform the aspiration of professionalism into a mandate, but important questions remain as to the meaning of key terms and the methods of implementation. In its opinion approving the professionalism code, the Florida Supreme Court stated that Florida lawyers had “traditionally followed a more passive, academic approach to enhance and improve professionalism.” In other words, the combination of continuing legal education programs, speeches, contests, and meetings — methods once called “procedural professionalism” in a 2005 Florida Bar …


Mid-Atlantic Ethics Committee Newsletter, Fall 2013 Oct 2013

Mid-Atlantic Ethics Committee Newsletter, Fall 2013

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


A Comment On "No Comment": The Sub Judice Rule And The Accountability Of Public Officials Inthe 21st Century, Lorne Sossin, Valerie Crystal Oct 2013

A Comment On "No Comment": The Sub Judice Rule And The Accountability Of Public Officials Inthe 21st Century, Lorne Sossin, Valerie Crystal

Dalhousie Law Journal

The sub judice rule is a rule of court, a statutory rule, a Parliamentary convention and a practice that has developed in the interaction between media and public officials. At its most basic, the sub judice rule prohibits the publication of statements which may prejudice court proceedings. This study examines the nature, rationale and scope ofthe sub judice rule. The authors provide an account of the current state of the rule, and highlight areas where more clarity would be desirable. The authors propose a more coherent approach to the sub jud ice rule, more clearly rooted in the concern over …


Something Bad In Your Briefs, Richard H. Underwood Oct 2013

Something Bad In Your Briefs, Richard H. Underwood

Law Faculty Scholarly Articles

In a profession heavily driven by writing, plagiarism is an ethical issue that plagues the legal community. The legal profession generally views plagiarism as unethical, but often sends mixed messages by condemning it in some settings, but not others. In this short Commentary, Professor Underwood discusses the ethical implications of plagiarism in legal writing.


Systematically Thinking About Law Firm Ethics: Conference On The Ethical Infrastructure And Culture Of Law Firms, Susan Saab Fortney Oct 2013

Systematically Thinking About Law Firm Ethics: Conference On The Ethical Infrastructure And Culture Of Law Firms, Susan Saab Fortney

Faculty Scholarship

To advance the discourse related to law firm ethics and the impact of formal controls and informal influences on lawyer conduct, we convened on April 5, 2013 the Conference on the Ethical Infrastructure and Culture of Law Firms ("Conference" or "Symposium"). The Conference, conducted under the auspices of the Hofstra Law Review and the Maurice A. Deane School of Law at Hofstra University's Institute for the Study of Legal Ethics, was funded in part by the Abraham J. Gross '78 Conference and Lecture Fund at the Maurice A. Deane School of Law at Hofstra University. Experts who have studied issues …


A Fatal Loss Of Balance: Dred Scott Revisited , Daniel A. Farber Sep 2013

A Fatal Loss Of Balance: Dred Scott Revisited , Daniel A. Farber

Daniel A Farber

This essay focuses on three aspects of the Dred Scott opinion: its effort to ensure that blacks could never be citizens, let alone equal ones; its deployment of a "limited government" argument for a narrow interpretation of Congress's enumerated power over the territories; and its path-breaking defense of property rights against government regulation. These constitutional tropes of racism, narrowing of federal power, and protection of property were to remain dominant for another seventy-five years. Apart from the failings of the opinion itself, Dred Scott also represents an extraordinary case of presidential tampering with the judicial process and a breakdown in …


Foreword To The Conference: The Law: Business Or Profession? The Continuing Relevance Of Julius Henry Cohen For The Practice Of Law In The Twenty-First Century, Samuel J. Levine Aug 2013

Foreword To The Conference: The Law: Business Or Profession? The Continuing Relevance Of Julius Henry Cohen For The Practice Of Law In The Twenty-First Century, Samuel J. Levine

Samuel J. Levine

No abstract provided.


Joining Or Changing The Conversation? Catholic Social Thought And Intellectual Property, Frank Pasquale Aug 2013

Joining Or Changing The Conversation? Catholic Social Thought And Intellectual Property, Frank Pasquale

Frank A. Pasquale

No abstract provided.


Ethics, Corporate Social Responsibility, And Sustainability Education In Aacsb Undergraduate And Graduate Marketing Curricula: A Benchmark Study, Jeananne Nicholls, Joseph F. Hair, Charles B. Ragland, Kurt E. Schimmel Aug 2013

Ethics, Corporate Social Responsibility, And Sustainability Education In Aacsb Undergraduate And Graduate Marketing Curricula: A Benchmark Study, Jeananne Nicholls, Joseph F. Hair, Charles B. Ragland, Kurt E. Schimmel

Faculty and Research Publications

AACSB International advocates integration of ethics, corporate social responsibility, and sustainability in all business school disciplines. This study provides an overview of the implementation of these three topics in teaching initiatives and assessment in business schools accredited by AACSB International. Since no comprehensive studies have been conducted for the marketing area, the results provide benchmarks as well as thought-provoking material to initiate business school and marketing faculty discussions on integrating the three topics into their curricula.


Land Ethic Under Attack: Keystone Xl And The War Over Domestic S(Oil), Heather Culp Jul 2013

Land Ethic Under Attack: Keystone Xl And The War Over Domestic S(Oil), Heather Culp

Environmental and Earth Law Journal (EELJ)

The Keystone XL pipeline has caused recent controversy and renewed the debate over the future of fossil fuels in the United States. The project pits largely conservative groups, who argue that the pipeline will create jobs and decrease America’s dependence on foreign oil, against environmental advocates, indigenous tribes, and private landowners, who are attempting to fend off the project because they believe it will displace them of their own lands as well as disrupt the natural ecosystems that lay in the pipeline’s path. In the wake of a presidential veto of the project and renewed sentiment by the pipeline’s …


Making Sure We Are True To Our Founders: The Association Of The Bar Of The City Of New York, 1970-95, Jeffrey Morris Jun 2013

Making Sure We Are True To Our Founders: The Association Of The Bar Of The City Of New York, 1970-95, Jeffrey Morris

Jeffrey B. Morris

No abstract provided.


Liberty, Justice, And Legal Automata, Marc Lauritsen Jun 2013

Liberty, Justice, And Legal Automata, Marc Lauritsen

Chicago-Kent Law Review

Legal work is increasingly doable by artificial systems built out of software. Providers in both commercial and non-profit contexts are making such systems available for direct use by consumers. Some lawyers and policy makers understandably worry that these developments pose dangers for users and may inappropriately intrude on the prerogatives of the legal profession. This article reviews the extent to which software-based legal assistance systems can or should be suppressed as the unauthorized practice of law in light of constitutional rights of free expression and the social good of access to justice.


Ethics And Expected Changes To Circular 230, Fred Murray, Richard Goldstein, Matthew Lucey, Jack Manhire, Robert D. Probasco May 2013

Ethics And Expected Changes To Circular 230, Fred Murray, Richard Goldstein, Matthew Lucey, Jack Manhire, Robert D. Probasco

Robert Probasco

No abstract provided.


1998 Survey Of Ethics In Land-Use Planning, Patricia E. Salkin May 2013

1998 Survey Of Ethics In Land-Use Planning, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.


Relationships, The Rules Of Professional Conduct And Land Use: Ethical Quagmires For Land Use Attorneys, Patricia E. Salkin May 2013

Relationships, The Rules Of Professional Conduct And Land Use: Ethical Quagmires For Land Use Attorneys, Patricia E. Salkin

Patricia E. Salkin

This article begins to fill the void by introducing the application of the various Rules of Professional Conduct, as adopted by the specific opining jurisdiction, through a review of the relevant reported opinions of the various committees and sometimes courts, in the land use context. Part I discusses the challenges that arise for lawyers vis-à-vis their clients in the land use context. This is followed by a discussion in Part II of the ethics and professionalism issues that confront lawyers who serve on local boards.


Ethics In Land Use: Using Ethical Allegations As A Sword Rather Than A Shield, Patricia E. Salkin May 2013

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

Patricia E. Salkin

No abstract provided.


Stop! In The Name Of Ethics, Before You Break My Bank Account: The "Conflicting" Rights Guaranteed To Parties In International Arbitration By Hrvatska V. Slovenia And Rompetrol V. Romania, And Their Potential As Tactical Weapons, Misbah Farid May 2013

Stop! In The Name Of Ethics, Before You Break My Bank Account: The "Conflicting" Rights Guaranteed To Parties In International Arbitration By Hrvatska V. Slovenia And Rompetrol V. Romania, And Their Potential As Tactical Weapons, Misbah Farid

University of Miami International and Comparative Law Review

International arbitration offers many rights, such as the right to counsel of choice and the right to an independent and impartial arbitration panel and proceeding. However, these guarantees, while they ensure the rights of parties and allow international arbitration to be a viable dispute resolution forum, can also be used as weapons. The viability of these rights as weapons is what reconciles the seemingly conflicting cases of Hrvatska v. Slovenia and Rompetrol v. Romania. Hrvatska sets forth an arbitration tribunal's inherent right to ensure and regulate the proceedings so as to guarantee the rights offered by international arbitration, while …


Employer Monitoring Of Employee Email: Attorney-Client Privilege Should Attach To Communications That The Client Believed Were Confidential, Alex Delisi May 2013

Employer Monitoring Of Employee Email: Attorney-Client Privilege Should Attach To Communications That The Client Believed Were Confidential, Alex Delisi

Fordham Law Review

Emails feel like private, confidential communications. But in the workplace, employers often retain the right to monitor every communication sent or received by an employee on an employer-owned device or network. This Note addresses the issue of whether attorney-client privilege should attach to communications made between an employee and her private attorney over a system monitored by her employer. When addressing this issue, most district and state courts apply a test that seeks to determine the reasonableness of the employee’s expectation of confidentiality in the attorney-client communication. However, courts differ in how they apply the expectation of reasonableness test, with …