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Legal Ethics and Professional Responsibility Commons

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Full-Text Articles in Legal Ethics and Professional Responsibility

Examining The Examiner: An Amicus Brief On Conflicts Between Forensic Technology And Indigenous Religious Freedoms In Favor Of Virtual Autopsies, Peyton James Jan 2024

Examining The Examiner: An Amicus Brief On Conflicts Between Forensic Technology And Indigenous Religious Freedoms In Favor Of Virtual Autopsies, Peyton James

The Journal of Purdue Undergraduate Research

No abstract provided.


How Can Law Enforcement Use Technology To Protect Citizens Justly?, Zach Kantenwein Jan 2024

How Can Law Enforcement Use Technology To Protect Citizens Justly?, Zach Kantenwein

Emerging Writers

This paper explores the danger of emerging artificial intelligence technology perpetuating racial injustice in law enforcement and how police can ensure the protection of citizens amid this information age. We dissect a real-world case in which AI predictive policing technology resulted in alarming racial discrimination against American minority citizens. We discuss the possible explanations for this result and explore the limitations of artificial intelligence technology. Furthermore, we brainstorm methods for ensuring American citizens' just and constitutional protection as new technology is developed and tested. We propose implementing transparency laws that make the details about any policing technology and surveillance available …


Swipe Right Into A Disciplinary Hearing: How The Use Of Dating Apps Could Earn An Attorney More Than A Bad First Date, Zachary S. Aman Jan 2023

Swipe Right Into A Disciplinary Hearing: How The Use Of Dating Apps Could Earn An Attorney More Than A Bad First Date, Zachary S. Aman

Catholic University Journal of Law and Technology

The Model Rules of Professional Conduct seek to police the conduct of attorneys. Each jurisdiction adopts its own rules of professional conduct to apply to the attorneys licensed within it. Notably, the model rules prohibit any sexual relationship between the attorney and client unless that relationship precedes the attorney-client relationship. Traditionally, defining a "sexual relationship" was simple, particularly if the attorney and client engaged in sexual intercourse. The introduction of dating apps, however, has blurred the line.

This article outlines the inherent risks of attorneys using dating apps at a time when most newly-licensed attorneys make up the majority of …


Chief Justice Mogoeng V Africa4palestine And Others [2021] Jsc/819/20; Jsc/825/20; And Jsc/ 826/20, Dunia P. Zongwe Nov 2022

Chief Justice Mogoeng V Africa4palestine And Others [2021] Jsc/819/20; Jsc/825/20; And Jsc/ 826/20, Dunia P. Zongwe

SAIPAR Case Review

This is a judgment against the first judge among his peers: the Chief Justice. Handed down by the Judicial Conduct Committee (JCC) of South Africa’s Judicial Service Commission (JSC), this judgment involves the remarks made in 2020 by Chief Justice Mogoeng Mogoeng at a webinar hosted by a pro-Israel, conservative, Zionist newspaper. During that webinar, Mogoeng criticized the South African government’s official policy on the Israel-Palestine conflict. Following Mogoeng’s faux pas and a loud public outcry, three non-governmental organizations (NGOs) lodged complaints with the JCC against Mogoeng for his Israel comments.

This appeal judgment largely confirms the JCC’s earlier complaint …


Pamodzi Hotels Plc V Rosemary Nyangu Appeal No.15 Of 2011 (Zmsc) 2021, Natasha Chibuye, Mwami Kabwabwa Apr 2022

Pamodzi Hotels Plc V Rosemary Nyangu Appeal No.15 Of 2011 (Zmsc) 2021, Natasha Chibuye, Mwami Kabwabwa

SAIPAR Case Review

No abstract provided.


Tech And Authoritarianism: How The People’S Republic Of China Is Using Data To Control Hong Kong And Why The U.S. Is Vulnerable, Bryce Neary Jan 2022

Tech And Authoritarianism: How The People’S Republic Of China Is Using Data To Control Hong Kong And Why The U.S. Is Vulnerable, Bryce Neary

Seattle Journal of Technology, Environmental & Innovation Law

The aim of this article is to analyze and compare current events in the People's Republic of China and the United States to discuss the moral dilemmas that arise when establishing the boundary between national security interests and individual privacy rights. As we continue to intertwine our lives with technology, it has become increasingly important to establish clear privacy rights. The question then becomes: at what point should individuals sacrifice their rights for what the government considers the "greater good" of the country?

Further, this article analyzes the development of U.S. privacy law and its relationship to national security, technology, …


Resolving The Anders Dilemmas: How & Why Texas Should Abandon The Anders Procedure, Michael J. Ritter Jan 2022

Resolving The Anders Dilemmas: How & Why Texas Should Abandon The Anders Procedure, Michael J. Ritter

St. Mary's Journal on Legal Malpractice & Ethics

When an indigent defendant has a right to counsel for an appeal, and counsel believes the appeal is wholly frivolous, Texas has adopted the Anders v. California procedure that permits counsel to withdraw from representation and argue to the appellate court why their client’s appeal is wholly frivolous. This Article argues that, either by a change to the disciplinary rules or by judicial decision, Texas should abandon the Anders procedure as other states have. Doing so will promote the integrity of the right to counsel, avoid numerous conflicts and dilemmas created by the Anders procedure, and advance judicial efficiency and …


Foreword To The Symposium: The Life And Work Of Robert M. Cover, Samuel J. Levine Jan 2022

Foreword To The Symposium: The Life And Work Of Robert M. Cover, Samuel J. Levine

Touro Law Review

No abstract provided.


Negative Commentary—Negative Consequences: Legal Ethics, Social Media, And The Impact Of Explosive Commentary, Jan L. Jacobowitz Ms. Oct 2021

Negative Commentary—Negative Consequences: Legal Ethics, Social Media, And The Impact Of Explosive Commentary, Jan L. Jacobowitz Ms.

St. Mary's Journal on Legal Malpractice & Ethics

Connecting and sharing on social media has opened communication channels and provided instantaneous information to billions of people worldwide. Commentary on current events, cases, and negative online reviews may be posted in an instant, often without pause or thought about the potential repercussions. This global phenomenon may not only provide news of the day updates, humor, and support for those in need but also is replete with ethical landmines for the unwary lawyer. Lawyers commenting on current events, their cases, or responding to a client’s negative online review, have suffered damage to their careers. In some instances, they have even …


Sufficiently Judicial: The Need For A Universal Ethics Rule On Attorney Behavior In Legislative Impeachment Trials, Joshua E. Kastenberg Oct 2021

Sufficiently Judicial: The Need For A Universal Ethics Rule On Attorney Behavior In Legislative Impeachment Trials, Joshua E. Kastenberg

St. Mary's Journal on Legal Malpractice & Ethics

In assessing an ethics, rule-based prohibition against New Jersey governmental attorneys representing clients against the state for matters the state had previously assigned to them, the state supreme court noted: “In our representative form of government, it is essential that the conduct of public officials and employees shall hold the respect and confidence of the people.”

In the beginning of 2020, the United States Senate held an impeachment trial to determine whether former President Donald J. Trump had committed offenses forwarded by the House of Representatives. A U.S. Senate trial, much like state senate trials, is both judicial and political …


Ethics In An Echo Chamber: Legal Ethics & The Peremptory Challenge, Kayley A. Viteo Jan 2021

Ethics In An Echo Chamber: Legal Ethics & The Peremptory Challenge, Kayley A. Viteo

St. Mary's Journal on Legal Malpractice & Ethics

Abstract forthcoming.


Defying Nature: The Ethical Implications Of Genetically Modified Plants, Debra M. Strauss Jan 2021

Defying Nature: The Ethical Implications Of Genetically Modified Plants, Debra M. Strauss

Journal of Food Law & Policy

Genetic engineering is changing the semantics, the meaning of life itself. We're trying to usurp the plant's choice. To force alien words into the plant's poem, but we [have] a problem. We barely know the root language. Genetic grammar's a mystery.... We've learned a lot about the letters-maybe our ability to read and spell words now sits halfway between accident and design - but our syntax is still haphazard. Scrambled. It's a semiotic nightmare.


Don't Change The Subject: How State Election Laws Can Nullify Ballot Questions, Cole Gordner Jan 2021

Don't Change The Subject: How State Election Laws Can Nullify Ballot Questions, Cole Gordner

Dickinson Law Review (2017-Present)

Procedural election laws regulate the conduct of state elections and provide for greater transparency and fairness in statewide ballots. These laws ensure that the public votes separately on incongruous bills and protects the electorate from uncertainties contained in omnibus packages. As demonstrated by a slew of recent court cases, however, interest groups that are opposed to the objective of a ballot question are utilizing these election laws with greater frequency either to prevent a state electorate from voting on an initiative or to overturn a ballot question that was already decided in the initiative’s favor. This practice is subverting the …


The Asylum Search: How The Supreme Court's Potential Ruling In The East Bay Sanctuary V. Barr Case May Change Our Interpretation Of Asylee Rights Through The Honduras Deal, Reeve Churchill, Wislande Francisque Nov 2020

The Asylum Search: How The Supreme Court's Potential Ruling In The East Bay Sanctuary V. Barr Case May Change Our Interpretation Of Asylee Rights Through The Honduras Deal, Reeve Churchill, Wislande Francisque

Fordham Undergraduate Law Review

In this Note, the authors Reeve Churchill and Wislande Francique will examine the changing interpretation of asylee rights by analyzing the Honduras Deal, the 9th District Court case East Bay Sanctuary v. Barr (2020), and Trump v. Hawaii. The Honduras Deal is evidence of the Trump Administration’s harsh restrictions towards asylum seekers. This note will contextualize the Honduras Deal through the examination of two court cases: East Bay Sanctuary v. Barr and Trump v. Hawaii. In the latter case, the Supreme Court ruled that the President has the power to bar entry to any group of immigrants that he feels …


Rising To The Covid-19 Challenge Together, Tracy Najera Oct 2020

Rising To The Covid-19 Challenge Together, Tracy Najera

The International Journal of Ethical Leadership

No abstract provided.


Contributors, The Contributors Oct 2020

Contributors, The Contributors

The International Journal of Ethical Leadership

No abstract provided.


Talking Foreign Policy: The U.S.--Iran Crisis, Tfp Radio Broadcast (Jan. 20, 2020) Oct 2020

Talking Foreign Policy: The U.S.--Iran Crisis, Tfp Radio Broadcast (Jan. 20, 2020)

The International Journal of Ethical Leadership

No abstract provided.


Talking Foreign Policy: The Rohingya Genocide, Tfp Radio Broadcast (Oct. 1, 2019) Oct 2020

Talking Foreign Policy: The Rohingya Genocide, Tfp Radio Broadcast (Oct. 1, 2019)

The International Journal of Ethical Leadership

No abstract provided.


Reflections On The Power Of Mentorship, Jonathan Lee, Lisa N. Lindsay, Olivia Thomas, Grace Zhang Oct 2020

Reflections On The Power Of Mentorship, Jonathan Lee, Lisa N. Lindsay, Olivia Thomas, Grace Zhang

The International Journal of Ethical Leadership

No abstract provided.


Is It Ever Ethical For An Organization To Pressure Professionals To Violate Their Professions' Ethical Minimums?, David Ozar Oct 2020

Is It Ever Ethical For An Organization To Pressure Professionals To Violate Their Professions' Ethical Minimums?, David Ozar

The International Journal of Ethical Leadership

No abstract provided.


Can Soldiers Do ”The Decent Thing” In War? The Just War Tradition, The Laws Of War, And Saving Private Ryan, Ted Van Baarda Oct 2020

Can Soldiers Do ”The Decent Thing” In War? The Just War Tradition, The Laws Of War, And Saving Private Ryan, Ted Van Baarda

The International Journal of Ethical Leadership

No abstract provided.


An African Theory Of Good Leadership, Thaddeus Metz Oct 2020

An African Theory Of Good Leadership, Thaddeus Metz

The International Journal of Ethical Leadership

No abstract provided.


The Urgency Of Ethics In Political Leadership, President Vicente Fox Oct 2020

The Urgency Of Ethics In Political Leadership, President Vicente Fox

The International Journal of Ethical Leadership

No abstract provided.


Ethical Leadership In The Arts: The Power Of Storytelling And Representation, 2019 Academic Symposium Oct 2020

Ethical Leadership In The Arts: The Power Of Storytelling And Representation, 2019 Academic Symposium

The International Journal of Ethical Leadership

2019 Academic Symposium Transcript

Ethical Leadership in the Arts The Power of Storytelling and Representation

LeVar Burton actor-writer-director-producer, children’s literacy and AIDS/ HIV research advocate, and recipient of our 2019 Inamori Ethics Prize

Shannon French Inamori Professor in Ethics and Director, Inamori International Center for Ethics and Excellence

Joy Bostic Associate Professor, Department of Religious Studies, College of Arts and Sciences and Interim Vice President, Office for Inclusion, Diversity and Equal Opportunity

Cara Byrne full-time lecturer in the Department of English and a SAGES Teaching Fellow


2019 Inamori Ethics Prize Speech: The Power Of Storytelling, Levar Burton Oct 2020

2019 Inamori Ethics Prize Speech: The Power Of Storytelling, Levar Burton

The International Journal of Ethical Leadership

No abstract provided.


Message From The Managing Editor, Beth Trecasa Oct 2020

Message From The Managing Editor, Beth Trecasa

The International Journal of Ethical Leadership

No abstract provided.


Message From The Editor, Shannon E. French Oct 2020

Message From The Editor, Shannon E. French

The International Journal of Ethical Leadership

No abstract provided.


Front Matter (Masthead), Volume 7 2020 Oct 2020

Front Matter (Masthead), Volume 7 2020

The International Journal of Ethical Leadership

No abstract provided.


The Use Of Digital Millenium Copyright Act To Stifle Speech Through Non-Copyright Related Takedowns, Miller Freeman May 2020

The Use Of Digital Millenium Copyright Act To Stifle Speech Through Non-Copyright Related Takedowns, Miller Freeman

Seattle Journal of Technology, Environmental & Innovation Law

In 1998, Congress passed the Digital Millennium Copyright Act. This law provided new methods of protecting copyright in online media. These protections shift the normal judicial process that would stop the publication of infringing materials to private actors: the online platforms. As a result, online platforms receive notices of infringement and issue takedowns of allegedly copyrighted works without the judicial process which normally considers the purpose of the original notice of infringement. In at least one case, discussed in detail below, this has resulted in a notice and takedown against an individual for reasons not related to the purpose of …


Student Reflections On Leadership, Benjamin George, Halle Rose, Samantha Xu Mar 2020

Student Reflections On Leadership, Benjamin George, Halle Rose, Samantha Xu

The International Journal of Ethical Leadership

No abstract provided.