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Articles 1 - 30 of 89
Full-Text Articles in Law
Trends. Implications Of War And Peace For The Morality, Ethics, And Legality Of Killing And Incarceration, Ibpp Editor
Trends. Implications Of War And Peace For The Morality, Ethics, And Legality Of Killing And Incarceration, Ibpp Editor
International Bulletin of Political Psychology
This article provides a perspective for the controversy surrounding the appropriateness of killing and incarceration during a war on terrorism with global reach.
Standing To Raise A Conflict Of Interest, Ivy Johnson
Standing To Raise A Conflict Of Interest, Ivy Johnson
Northern Illinois University Law Review
Lawyers often seek disqualification of the opposing counsel based upon their conflicts of interest as a strategic measure to delay litigation and increase costs for the other side. For many years, courts presumed that parties unaffected by the conflict of interest had standing because of the lawyer's professional obligations to report violations of ethics rules. Recently, the United States Supreme Court has cast doubt on the standing of such parties. This article first gives a brief introduction to conflict of interest rules and standing, followed by an in-depth analysis of the state of the law. Ms. Johnson concludes with an …
Mid-Atlantic Ethics Committee Newsletter, Fall 2002
Mid-Atlantic Ethics Committee Newsletter, Fall 2002
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
American Legal Ethics, Thomas L. Shaffer
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.
Controlling Corruption In International Business: The International Legal Framework, Padideh Ala'i
Controlling Corruption In International Business: The International Legal Framework, Padideh Ala'i
Working Papers
Since 1995, the anti-corruption movement has had success in developing a global legal framework to combat transnational bribery and corruption. A distinguishing feature of the current anti-corruption movement is its emphasis on the economic cost of corruption and the involvement of the international financial institutions such as the World Bank, the International Monetary Fund and regional development banks, in the efforts to combat corruption. As part of their efforts to combat corruption, international financial institutions have made effective anti-corruption reforms a prerequisite for future allocation of funds. The current anti-corruption movement has also been successful in enlisting the participation of …
Water: Rights, Flexibility And Governance: A Balance That Matters?, Miguel Solanes
Water: Rights, Flexibility And Governance: A Balance That Matters?, Miguel Solanes
Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14)
15 pages.
Contains footnotes.
Using The Pervasive Method Of Teaching Legal Ethics In A Property Course, Thomas L. Shaffer
Using The Pervasive Method Of Teaching Legal Ethics In A Property Course, Thomas L. Shaffer
Saint Louis University Law Journal
No abstract provided.
Mid-Atlantic Ethics Committee Newsletter, Spring 2002
Mid-Atlantic Ethics Committee Newsletter, Spring 2002
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
Investigating The Special: The Symbolic Function Of The Independent Counsel, Judith Roof
Investigating The Special: The Symbolic Function Of The Independent Counsel, Judith Roof
Indiana Law Journal
Symposium on "Law, Morality, and Popular Culture in the Public Sphere" at the Indiana University School of Law-Bloomington, April 6, 2001.
Panel: Ethical Dilemmas: Finding Common Ground On Controversial Issues, Lesley Blackner, Richard C. Foltz, Brion Blackwelder, Lisa C. Schiavinato, Alyson C. Flournoy
Panel: Ethical Dilemmas: Finding Common Ground On Controversial Issues, Lesley Blackner, Richard C. Foltz, Brion Blackwelder, Lisa C. Schiavinato, Alyson C. Flournoy
UF Law Faculty Publications
This panel discussion applied ethics to the theme of the 8th Annual Public Interest Environmental Conference. Panelists examined ways ethics may help reconcile industry (such as business and development) with environmentalism.
Legislating Apology: The Pros And Cons, Jonathan R. Cohen
Legislating Apology: The Pros And Cons, Jonathan R. Cohen
UF Law Faculty Publications
Should apologies be admissible into evidence as proof of fault in civil cases? While this question is a simple one, its potential ramifications are great, and legislative and scholarly interest in the admissibility of apologies has exploded. Shortly after the idea of excluding apologies from admissibility into evidence was raised in academic circles three years ago, it rapidly spread to the policy arena. For example, California and Florida enacted laws in 2000 and 2001 respectively excluding from admissibility apologetic expressions of sympathy ("I'm sorry that you are hurt") but not fault-admitting apologies ("I'm sorrythat I injured you") after accidents. Eight …
Lying And Lawyering: Contrasting American And Jewish Law, Steven Resnicoff
Lying And Lawyering: Contrasting American And Jewish Law, Steven Resnicoff
College of Law Faculty
Can desirable ends justify what would otherwise be undesirable means? The answers to this question depends on a variety of factors, including the ends to be accomplished, the means to be employed, the person who would use them, and the parties against whom they would be directed. This article begins by discussing American rules regarding lying by lawyers. The article argues that those rules place insufficient importance on the protection of innocents, have a corrosive effect on the moral values of lawyers who obey them and alienate lawyers who disobey them. The article then examines the Jewish law approach which, …
Some Ethical Reflections On Cyberstalking, Frances Grodzinsky, Herman T. Tavani
Some Ethical Reflections On Cyberstalking, Frances Grodzinsky, Herman T. Tavani
School of Computer Science & Engineering Faculty Publications
The present study examines a range of moral issues associated with recent cyberstalking cases. Particular attention is centered on the Amy Boyer/ Liam Youens case of cyberstalking, which raises a host of considerations that we believe have a significant impact for ethical behavior on the Internet. Among the questions we consider are those having to do with personal privacy and the use of certain kinds of Internet search facilities to stalk individuals in cyberspace. Also considered are questions having to do with legal liability and (possible) moral responsibility that Internet Service Providers (ISPs) have for stalking crimes that occur in …
Regulating Federal Prosecutors' Ethics, Bruce A. Green, Fred C. Zacharias
Regulating Federal Prosecutors' Ethics, Bruce A. Green, Fred C. Zacharias
Vanderbilt Law Review
To what extent should federal prosecutors be regulated by states, by federal courts, or by the U.S. Department of Justice ("DOJ) as a matter of self-regulation? This Article concludes that, subject to congressional oversight, federal courts should have the ultimate authority to regulate federal prosecutors. However, it also acknowledges the legitimacy of competing claims by the states and DOJ. Sometimes, federal courts should defer to state court regulation, given traditional state regulation of the practice of law and a host of practical considerations. At other times, federal prosecutors have compelling reasons to seek freedom from both state regulation and regulation …
An Overview Of The Symposium, Timothy L. Fort, Cindy A. Schipani
An Overview Of The Symposium, Timothy L. Fort, Cindy A. Schipani
Vanderbilt Journal of Transnational Law
By design, this conference was constructed to brainstorm about the connection of governance, ethics, and peace. To that end, the conference and these papers were a success. As a novel question, however, we are far from providing a definitive answer to exactly what should be done to foster the connection and, more basically, exactly what the connection looks like. One can, however, identify three general themes emanating from the conference that provide a sense for the opportunities of future research.
First, there is a public policy dimension. Corporations gain their authority through state action and the duties of fiduciaries of …
Ethics And E-Medicine, Jessica W. Berg
Ethics And E-Medicine, Jessica W. Berg
Saint Louis University Law Journal
No abstract provided.
The Intractable Problem Of Bankruptcy Ethics: Square Peg, Round Hole, Nancy B. Rapoport
The Intractable Problem Of Bankruptcy Ethics: Square Peg, Round Hole, Nancy B. Rapoport
Scholarly Works
This article continues my earlier research on conflicts of interest in bankruptcy cases, particularly in chapter 11 cases. It suggests that conflicts in interest in chapter 11 bankruptcy cases should not be handled the same way that conflicts are handled under state ethics rules, and it proposes a new section of the Bankruptcy Code to cover conflicts of interest in cases filed under chapter 11.
Between Law And Virtue, Joseph P. Tomain, Barbara Watts
Between Law And Virtue, Joseph P. Tomain, Barbara Watts
Faculty Articles and Other Publications
Legal ethics, professional responsibility, and professionalism are timely topics as lawyers continually reevaluate the standards of their profession, particularly in light of the challenges of multidisciplinary and multijurisdictional practice, as well as the embarrassment facing lawyers involved in and surrounding the Enron collapse. In this article, our goal is to discuss how to think and talk about ethics and professionalism. By way of preview, we need to understand that ethics and professionalism use different vocabularies and, consequently, talk past each other to some extent. Our hope is that understanding the existence of these two vocabularies helps reduce the misunderstanding. Both …
Two Concepts Of Immortality: Reframing Public Debate On Stem-Cell Research, Frank Pasquale
Two Concepts Of Immortality: Reframing Public Debate On Stem-Cell Research, Frank Pasquale
Faculty Scholarship
Regenerative medicine seeks not only to cure disease, but also to arrest the aging process itself. So far, public attention to the new health care has focused on two of its methods: embryonic stem-cell research and therapeutic cloning. Since both processes manipulate embryos, they alarm those who believe life begins at conception. Such religious objections have dominated headlines on the topic, and were central to President George W. Bush's decision to restrict stem-cell research.
Although they are now politically potent, the present religious objections to regenerative medicine will soon become irrelevant. Scientists are fast developing new ways of culturing the …
Judging Ethics For Administrative Law Judges: Adoption Of A Uniform Code Of Judicial Conduct For The Administrative Judiciary, Patricia E. Salkin
Judging Ethics For Administrative Law Judges: Adoption Of A Uniform Code Of Judicial Conduct For The Administrative Judiciary, Patricia E. Salkin
Scholarly Works
No abstract provided.
Context And Institutional Structure In Attorney Regulation: Constructing An Enforcement Regime For International Arbitration, Catherine A. Rogers
Context And Institutional Structure In Attorney Regulation: Constructing An Enforcement Regime For International Arbitration, Catherine A. Rogers
Journal Articles
The question that looms large over the future of international arbitration is: How much should states yield to the international arbitration system? This Article attempts to answer the question as it applies to the specific context of regulating attorney conduct.
Fit And Function In Legal Ethics: Developing A Code Of Conduct For International Arbitration, Catherine A. Rogers
Fit And Function In Legal Ethics: Developing A Code Of Conduct For International Arbitration, Catherine A. Rogers
Journal Articles
In this Article, I develop a methodology for prescribing the normative content of a code of ethics for international arbitration, and in a forthcoming companion article, I propose integrated mechanisms for making those norms both binding and enforceable. In making these proposals, I reject the classical conception of legal ethics as a purely deontological product derived from first principles. I argue, instead, that ethics derive from the interrelational functional role of advocates in an adjudicatory system, and that ethical regulation must correlate with the structural operations of the system. The fit between ethics and function, I will demonstrate, not only …
Regulation Of Research With Children: The Evolution From Exclusion To Inclusion, Duane Alexander
Regulation Of Research With Children: The Evolution From Exclusion To Inclusion, Duane Alexander
Journal of Health Care Law and Policy
No abstract provided.
Ethical Issues In Conducting Behavioral Genetics Research: The Case Of Smoking Prevention Trials Among Adolescents, Benjamin S. Wilfond, Gail Geller, Janet Audrain-Mcgovern, Caryn Lerman
Ethical Issues In Conducting Behavioral Genetics Research: The Case Of Smoking Prevention Trials Among Adolescents, Benjamin S. Wilfond, Gail Geller, Janet Audrain-Mcgovern, Caryn Lerman
Journal of Health Care Law and Policy
No abstract provided.
Promoting Effective Ethical Infrastructure In Large Law Firms: A Call For Research And Reporting, Elizabeth Chambliss, David B. Wilkins
Promoting Effective Ethical Infrastructure In Large Law Firms: A Call For Research And Reporting, Elizabeth Chambliss, David B. Wilkins
Faculty Publications
No abstract provided.
Conceptions Of Lawyers' Agency In Legal Ethics Scholarship, Susan Carle
Conceptions Of Lawyers' Agency In Legal Ethics Scholarship, Susan Carle
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Law And Justice In The Twenty-First Century, Geoffrey C. Hazard, Jr.
Law And Justice In The Twenty-First Century, Geoffrey C. Hazard, Jr.
Fordham Law Review
No abstract provided.
Choosing, Nurturing, Training And Placing Public Interest Law Students, Richard L. Abel
Choosing, Nurturing, Training And Placing Public Interest Law Students, Richard L. Abel
Fordham Law Review
No abstract provided.
Ethics Counsel's Role In Combating The "Ostrich" Tendency, Susan Saab Fortney
Ethics Counsel's Role In Combating The "Ostrich" Tendency, Susan Saab Fortney
Faculty Scholarship
This article focuses on ethics problems related to hourly billing by analyzing the results of a survey of 1000 randomly selected associates in Texas firms who (1) had been licensed for ten or fewer years as of June 1999, and (2) worked in private law firms with more than ten attorneys (the Associate Survey). This article addresses the need for firm managers to clarify how and what their attorneys should bill. The article reports the results from the Associate Survey relating to billing guidance and ethics systems. From the empirical data, the article identifies a need for supervising attorneys to …
An Essay On The Professional Responsibility Of Affirmative Action In Higher Education, Emily Calhoun
An Essay On The Professional Responsibility Of Affirmative Action In Higher Education, Emily Calhoun
Publications
No abstract provided.