Open Access. Powered by Scholars. Published by Universities.®
Legal Ethics and Professional Responsibility Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Legal Profession (6)
- Evidence (4)
- Law and Society (4)
- Criminal Procedure (3)
- Health Law and Policy (3)
-
- Arts and Humanities (2)
- Criminal Law (2)
- Economics (2)
- First Amendment (2)
- Food and Drug Law (2)
- Human Rights Law (2)
- Science and Technology Law (2)
- Social and Behavioral Sciences (2)
- Business (1)
- Christianity (1)
- Civil Rights and Discrimination (1)
- Courts (1)
- Elder Law (1)
- Ethics and Political Philosophy (1)
- Family Law (1)
- Jurisprudence (1)
- Juvenile Law (1)
- Labor Economics (1)
- Labor Relations (1)
- Labor and Employment Law (1)
- Law and Economics (1)
- Law and Politics (1)
- Legal Education (1)
- Keyword
-
- Legal Profession (4)
- Professional Ethics (3)
- Professional Responsibility (3)
- Bioethics (2)
- Evidence (2)
-
- Law and Society (2)
- Legal Education (2)
- Legal Ethics (2)
- Legal ethics (2)
- Terminal illness (2)
- Affirmative action (1)
- Antidiscrimination (1)
- Applied ethics (1)
- Assisted suicide (1)
- Attorney Advertising (1)
- Attorney Blogs (1)
- Attorney First Amendment Rights (1)
- Civil Rights (1)
- Civility (1)
- Courts (1)
- Critical race theory (1)
- Data (1)
- Deconstruction (1)
- Doctor-patient relationship (1)
- Domestic Relations (1)
- Economics (1)
- Employment law (1)
- End-of-life treatment (1)
- Ethics (1)
- Expert (1)
Articles 1 - 18 of 18
Full-Text Articles in Legal Ethics and Professional Responsibility
Character And Community: Rispetto As A Virtue In The Tradition Of Italian-American Lawyers, Thomas Shaffer, Mary Shaffer
Character And Community: Rispetto As A Virtue In The Tradition Of Italian-American Lawyers, Thomas Shaffer, Mary Shaffer
Thomas L. Shaffer
No abstract provided.
The Legal Ethics Of Radical Individualism, Thomas Shaffer
The Legal Ethics Of Radical Individualism, Thomas Shaffer
Thomas L. Shaffer
No abstract provided.
Christian Theories Of Professional Responsibility, Thomas Shaffer
Christian Theories Of Professional Responsibility, Thomas Shaffer
Thomas L. Shaffer
No abstract provided.
Competency And Common Law: Why And How Decision-Making Capacity Criteria Should Be Drawn From The Capacity-Determination Process, Charles Baron
Competency And Common Law: Why And How Decision-Making Capacity Criteria Should Be Drawn From The Capacity-Determination Process, Charles Baron
Charles H. Baron
Determining competence to request physician-assisted suicide should be no more difficult than determining competence to refuse life-prolonging treatment. In both cases, criteria and procedures should be developed out of the process of actually making capacity determinations; they should not be promulgated a priori. Because patient demeanor plays a critical role in capacity determinations, it should be made part of the record of such determinations through greater use of video- and audiotapes.
Medical Paternalism And The Rule Of Law: A Reply To Dr. Relman, Charles Baron
Medical Paternalism And The Rule Of Law: A Reply To Dr. Relman, Charles Baron
Charles H. Baron
In this Article, Professor Baron challenges the position taken recently by Dr. Arnold Relman in this journal that the 1977 Saikewicz decision of the Supreme Judicial Court of Massachusetts was incorrect in calling for routine judicial resolution of decisions whether to provide life-prolonging treatment to terminally ill incompetent patients. First, Professor Baron argues that Dr. Relman's position that doctors should make such decisions is based upon an outmoded, paternalistic view of the doctor-patient relationship. Second, he points out the importance of guaranteeing to such decisions the special qualities of process which characterize decision making by courts and which are not …
Hastening Death: The Seven Deadly Sins Of The Status Quo, Charles Baron
Hastening Death: The Seven Deadly Sins Of The Status Quo, Charles Baron
Charles H. Baron
The seven deadly sins of the status quo -- inhumanity, paternalism, Utilitarianism, hypocrisy, lawlessness, injustice, and the deadly risk of error and abuse -- are seven arguments against maintaining the artificial bright-line distinction between the prohibition against assisted suicide and the allowance of patients’ right to refuse life-prolonging treatment. This article calls on courts and legislatures to follow the successful example of the Oregon Death with Dignity statute.
Labor Market Data Needs Relating To Antidiscrimination Activity: Comment, Ronald Ehrenberg
Labor Market Data Needs Relating To Antidiscrimination Activity: Comment, Ronald Ehrenberg
Ronald G. Ehrenberg
[Excerpt] Barbara Bergmann's background paper divides data needs in the antidiscrimination area into data that would be useful in the formulation of national policy and data that would be useful as an aid in enforcing the laws and executive orders against discrimination. Although the former are likely to be of greatest concern to the commission, she has performed a valuable service by discussing these interrelated needs in one place. I find much to agree with, and very little to disagree with or question, in her paper. The presentation is, in the main, an objective one and she tempers her desire …
Legal Ethics And Scientific Testimony: In Defense Of Manufacturing Uncertainty, Deconstructing Expertise And Other Trial Strategies, David Caudill
Legal Ethics And Scientific Testimony: In Defense Of Manufacturing Uncertainty, Deconstructing Expertise And Other Trial Strategies, David Caudill
David S Caudill
No abstract provided.
In Defense Of The Business Of Law, Judith Mcmorrow
In Defense Of The Business Of Law, Judith Mcmorrow
Judith A. McMorrow
This article focuses on three current professionalism challenges in the U.S. legal profession: (i) the problem of neglect, poor client communication, and poor management of client funds; (ii) the need to improve the ethical infrastructures in practice settings to enhance both routine practice and ethical decision-making when lawyers confront ethical challenges; and (iii) the challenge of providing legal services to the poor and working class. For each, it turns out that improving adherence to core values requires not just training lawyers to internalize a model of professionalism, and a continuing commitment to self-regulation in some form, but also implementing improved …
Justice As Right Relationship: A Philosophical And Theological Reflection On Affirmative Action, Robert Araujo
Justice As Right Relationship: A Philosophical And Theological Reflection On Affirmative Action, Robert Araujo
Robert J. Araujo S.J.
No abstract provided.
Panelist, Can Law Schools Prepare Students To Be Practice Ready?, R. Michael Cassidy
Panelist, Can Law Schools Prepare Students To Be Practice Ready?, R. Michael Cassidy
R. Michael Cassidy
No abstract provided.
The Benefits Of Mindfulness For Litigators, Jan Jacobowitz
The Benefits Of Mindfulness For Litigators, Jan Jacobowitz
Jan L Jacobowitz
“I am calling for an all-out revolution.” These words reverberated through the federal district courthouse in Miami in the spring of 2012, but there was no one calling for security. In fact, it was eerily quiet in the conference room in which the call for revolution was sounded. How can that be? Well, the audience was a group of well-regarded litigation counsel and judges and the revolutionary leader a prominent federal district court judge. The revolution: Mindfulness in law as a vehicle for restoring civility, decreasing stress, and enhancing the fundamental fabric of the legal community.
Speaking Science To Law, Deborah Hussey Freeland
Speaking Science To Law, Deborah Hussey Freeland
Deborah M. Hussey Freeland
involving a strong scientific consensus, the powerful qualities of scientific knowledge are easily lost in translation. Moreover, even prominent scientists who are committed to providing accurate information to legal fact-finders may suffer reputational harm simply for participating in an adversarial process.
This article analyzes the connection between law and science through the expert witness from the perspectives of epistemology and cross-cultural communication, focusing on the distinct ways in which scientists and lawyers know, value and express their knowledge. When a lawyer meets with a scientific expert witness, more confusion attends their interaction than either likely realizes. Linguistic translation is necessary--but …
Fidelity Diluted: Client Confidentiality Gives Way To The First Amendment & Social Media In Virginia State Bar, Ex Rel. Third District Committee V. Horace Frazier Hunter, Jan Jacobowitz, Kelly Jesson
Fidelity Diluted: Client Confidentiality Gives Way To The First Amendment & Social Media In Virginia State Bar, Ex Rel. Third District Committee V. Horace Frazier Hunter, Jan Jacobowitz, Kelly Jesson
Jan L Jacobowitz
Fidelity and confidentiality are hallmarks of the attorney-client relationship. However, as social media use permeates the legal profession, new challenges have arisen to the traditional interpretation of client confidentiality. The Virginia Supreme Court’s recent holding, which concludes that to deny attorney Horace Hunter the ability to blog about his clients’ cases without client consent, after the case concludes and based upon what is found in the public record, is to deny Hunter his First Amendment right of free speech has spurned controversy. The Hunter opinion arguably undermines the long standing legal ethics rule of confidentiality and strikes at the heart …
Strategic Austerity: How Some Law School Affordability Initiatives Could Actually Improve Learning Outcomes, R. Michael Cassidy
Strategic Austerity: How Some Law School Affordability Initiatives Could Actually Improve Learning Outcomes, R. Michael Cassidy
R. Michael Cassidy
The legal profession is facing profound and perhaps irreversible changes. Whether you view these striking demographics as a “crisis” likely depends on the location of your perch. If you are a tenured professor at a T14 law school or a senior partner at an NLJ 250 firm, you may view the trends we have been discussing today as cyclical corrections. If you are an unemployed graduate looking for work or an untenured professor at a lower-tier school that is struggling to stay afloat, you may be more likely to view these trends as permanent and paradigm shifting.
While applications to …
Waiving Goodbye To A Fundamental Right: Allocation Of Authority Between Attorneys And Clients And The Right To A Public Trial, Alberto Bernabe
Waiving Goodbye To A Fundamental Right: Allocation Of Authority Between Attorneys And Clients And The Right To A Public Trial, Alberto Bernabe
Alberto Bernabe
A Good Step In The Right Direction: Illinois Eliminates The Conflict Between Attorneys And Guardians, Alberto Bernabe
A Good Step In The Right Direction: Illinois Eliminates The Conflict Between Attorneys And Guardians, Alberto Bernabe
Alberto Bernabe
Keeping It Real: Using Facebook Posts To Teach Professionalism And Professional Responsibility, Anna P. Hemingway
Keeping It Real: Using Facebook Posts To Teach Professionalism And Professional Responsibility, Anna P. Hemingway
Anna P. Hemingway