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Ethics and Professional Responsibility Commons

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Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing, Josephine Sandler Nelson 2015 SelectedWorks

Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing, Josephine Sandler Nelson

J.S. Nelson

The intracorporate conspiracy doctrine immunizes an enterprise and its agents from conspiracy prosecution based on the legal fiction that an enterprise and its agents are a single actor incapable of the meeting of two minds to form a conspiracy. The doctrine, however, misplaces incentives in contravention of agency law, criminal law, tort law, and public policy. As a result, harmful behavior is ordered and performed without consequences, and the victims of the behavior suffer without appropriate remedy.

Especially in the wake of the financial crisis, prosecutors and the public are searching for new tools to combat corporate conspiracy. The most ...


Countering Hate On The Internet, raphael cohen-almagor 2014 SelectedWorks

Countering Hate On The Internet, Raphael Cohen-Almagor

raphael cohen-almagor

Hate speech is designed to threaten certain groups publicly and act as propaganda for offline organizations. Hate groups use websites to share ideology and propaganda, to link to similar sites and to recruit new converts, advocate violence and to threat others. The aim of this paper is to analyse the ways hate mongers are utilizing the Internet, and to ask what can be done to counter their activities. The paper discusses the targets of hate on the Internet and offers practical proposals to address this increasing problem and fight against it.


Greasing The Wheels: British Deficiencies In Relation To American Clarity In International Anti-Corruption Law, Todd Swanson 2014 University of Georgia School of Law

Greasing The Wheels: British Deficiencies In Relation To American Clarity In International Anti-Corruption Law, Todd Swanson

Georgia Journal of International & Comparative Law

No abstract provided.


Human Rights Violations By Canadian Companies Abroad: Choc V Hudbay Minerals Inc, Susana C. Mijares Peña 2014 Western University

Human Rights Violations By Canadian Companies Abroad: Choc V Hudbay Minerals Inc, Susana C. Mijares Peña

Western Journal of Legal Studies

Canadian mining corporations operating abroad represent a challenge to the international legal system and Canadian legal system in the field of human rights. Currently, there are no legal mechanisms available to ensure that these corporations abide by international standards and voluntary codes. For this reason, some argue that Canadian courts should be more active in holding Canadian companies accountable for the human rights violations of their affiliates operating abroad. The recent Ontario Superior Court of Justice decision of Choc v Hudbay Minerals suggests that for the first time, a Canadian court is ready to play a regulatory role in preventing ...


Visual Rhetoric: Topics Of Invention And Arrangement And Tropes Of Style, Michael D. Murray 2014 Valparaiso University

Visual Rhetoric: Topics Of Invention And Arrangement And Tropes Of Style, Michael D. Murray

Michael D. Murray

This Article discusses the rhetorical value of visual-graphical devices in legal discourse. Rhetoric, the art of persuasive communication, studies the available means to communicate with an audience in an effective, persuasive manner so as to achieve the author’s purpose in the context of a rhetorical situation. This Article joins a rapidly growing conversation on visual rhetoric—the use of graphic and pictorial imagery for effective, persuasive communication.

This Article will discuss the communicative power of visual-graphical works as rhetorical topics of invention and arrangement and tropes of style within contemporary legal rhetoric and modern argument theory. This work will ...


Summary Of Greenberg Traurig, Llp V. Frias Holding Company, 130 Nev. Adv. Op. 67, Tom Stewart 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Summary Of Greenberg Traurig, Llp V. Frias Holding Company, 130 Nev. Adv. Op. 67, Tom Stewart

Nevada Supreme Court Summaries

The Court adopted an exception to the common law litigation privilege for legal malpractice and professional negligence actions. A client can pursue malpractice and professional negligence actions against an attorney, and support those actions with communications made in the course of litigation.


Hiding The Elephant (How The Psychological Techniques Of Magicians Can Be Used To Manipulate Witnesses At Trial), Sydney A. Beckman 2014 Lincoln Memorial University - Duncan School of Law

Hiding The Elephant (How The Psychological Techniques Of Magicians Can Be Used To Manipulate Witnesses At Trial), Sydney A. Beckman

Sydney A. Beckman

In 1917 Harry Houdini performed a single, yet incredible, illusion; “[u]nder the bright spotlights of New York’s Theatre Hippodrome, he made a live elephant disappear.” In 1983 David Copperfield made the Statue of Liberty Disappear in front of both a live and a national television audience. To be sure, neither the elephant nor Lady Liberty actually disappeared. But from the perspective of the audience they did, indeed, disappear. So which is correct? Did they, or didn’t they?

Trial Lawyers and Magicians share many of the same talents and skills. Misdirection, misinformation, selective-attention, ambiguity, verbal manipulation, body language ...


Shame, Angry Judges, And The Social Media Effect, Maxine D. Goodman 2014 The Catholic University of America, Columbus School of Law

Shame, Angry Judges, And The Social Media Effect, Maxine D. Goodman

Catholic University Law Review

No abstract provided.


A Free Lunch In Chicago, Curtis E.A. Karnow 2014 SelectedWorks

A Free Lunch In Chicago, Curtis E.A. Karnow

Curtis E.A. Karnow

A discussion of the ethical issues implicated by judges’ acceptance of travel and related expenses when attending privately sponsored judicial education, including seminars offered by educational institutions.


Systematic Ict Surveillance By Employers: Are Your Personal Activities Private?, Arlene J. Nicholas 2014 Salve Regina University

Systematic Ict Surveillance By Employers: Are Your Personal Activities Private?, Arlene J. Nicholas

Faculty and Staff - Articles & Papers

This paper reviews the various methods of information and communications technology (ICT) that is used by employers to peer into the work lives and, in some cases, private lives of employees. Some of the most common methods – such as computer and Internet monitoring, video surveillance, and global positioning systems (GPS) – have resulted in employee disciplines that have been challenged in courts. This paper provides background information on United States (U.S.) laws and court cases which, in this age of easily accessible information, mostly support the employer. Assessments regarding regulations and policies, which will need to be continually updated to ...


Bullshit And The Tribal Client, Matthew L.M. Fletcher 2014 SelectedWorks

Bullshit And The Tribal Client, Matthew L.M. Fletcher

Matthew L.M. Fletcher

No abstract provided.


Narrowly Restricting "Clearly Established" Civil Liberties: The Constitutional Ramifications Of A Family Member's [Under] Protected Federal Privacy Rights In The Dissemination Of Postmortem Images In Marsh V. County Of San Diego, Mahira Siddiqui 2014 Golden Gate University School of Law

Narrowly Restricting "Clearly Established" Civil Liberties: The Constitutional Ramifications Of A Family Member's [Under] Protected Federal Privacy Rights In The Dissemination Of Postmortem Images In Marsh V. County Of San Diego, Mahira Siddiqui

Golden Gate University Law Review

In Marsh, the Ninth Circuit held that a prosecutor who photocopied and kept a child's autopsy photograph (and after retirement gave the copy to the press) was entitled to qualified immunity. The court reasoned that there was no "clearly established" law to inform the prosecutor that his earlier conduct in making and keeping the photocopy was unlawful. In so holding, the Ninth Circuit relied on American Manufacturers Mutual Insurance Co. v. Sullivan, which held that a plaintiff must prove that he or she was "deprived of a right secured by the Constitution or laws of the United States."' Moreover ...


Shades Of Enron: The Legal Ethics Implications Of The General Motors Scandal, Michele Benedetto Neitz 2014 Golden Gate University School of Law

Shades Of Enron: The Legal Ethics Implications Of The General Motors Scandal, Michele Benedetto Neitz

Publications

Here we go again. "Where were the Lawyers?" is becoming a predicable refrain in response to any wide-ranging corporate scandal. General Motors is battling a rising deluge of lawsuits, investigations, and government fines in the wake of its February 2014 recall of millions of cars for a safety defect. The defect, a faulty ignition switch, is allegedly responsible for 13 fatalities and hundreds of injuries.

The sorrow of the tragic loss of life in this case is now joined by growing public anger about a cover-up at the company to avoid liability for the defect. GM's engineers and managers ...


Akedah, The Holocaust, And The Limits Of The Law In Roth's "Eli, The Fanatic", Aimee L. Pozorski 2014 Purdue University

Akedah, The Holocaust, And The Limits Of The Law In Roth's "Eli, The Fanatic", Aimee L. Pozorski

CLCWeb: Comparative Literature and Culture

In her article "Akedah, the Holocaust, and the Limits of the Law in Roth's 'Eli, the Fanatic'" Aimee L. Pozorski argues that Philip Roth's 1957 short story dramatizes the tension between the law on the one hand and the philosophy of ethics, on the other hand with the story's protagonist ultimately choosing ethics as evidenced by his identification with a displaced Hasidic Jew near the story's end. In reading the story through the inter-textual references to the Genesis story of the Akedah, Pozorski discusses the limits of the law in the face of vulnerable children and ...


Beyond The Judicial Fourth Amendment: The Prosecutor's Role, Russell M. Gold 2014 NELLCO

Beyond The Judicial Fourth Amendment: The Prosecutor's Role, Russell M. Gold

New York University Public Law and Legal Theory Working Papers

Scholarly discussion of the Fourth Amendment focuses narrowly on judicial enforcement and the exclusionary rule. This Article takes a different approach: recognizing that prosecutors have a co-equal responsibility to enforce the Fourth Amendment. More specifically, prosecutors have a constitutional and ethical duty not to use evidence that they conclude was unconstitutionally obtained even if that evidence is admissible — the duty of administrative suppression. Instead of analyzing whether evidence would likely be deemed admissible by a court, prosecutors should instead analyze whether the evidence in their cases was gathered unconstitutionally and act accordingly.

Scholars have ignored that as the Supreme Court ...


Appellate Division, First Department, People V. Dillard, Edward Puerta 2014 Touro College Jacob D. Fuchsberg Law Center

Appellate Division, First Department, People V. Dillard, Edward Puerta

Touro Law Review

No abstract provided.


Nigger Manifesto: Ideological And Intellectual Discrimination Inside The Academy, Ellis Washington 2014 SelectedWorks

Nigger Manifesto: Ideological And Intellectual Discrimination Inside The Academy, Ellis Washington

Ellis Washington

Draft – 22 March 2014

Nigger Manifesto

Ideological Racism inside the American Academy

By Ellis Washington, J.D.

Abstract

I was born for War. For over 30 years I have worked indefatigably, I have labored assiduously to build a relevant resume; a unique curriculum vitae as an iconoclastic law scholar zealous for natural law, natural rights, and the original intent of the constitutional Framers—a Black conservative intellectual born in the ghettos of Detroit, abandoned by his father at 18 months, who came of age during the Detroit Race Riots of 1967… an American original. My task, to expressly transcend the ...


Transformations In Health Law Practice: The Interections Of Changes In Healthcare And Legal Workplaces, Louise G. Trubek, Barbara J. Zabawa, Paula Galowitz 2014 SelectedWorks

Transformations In Health Law Practice: The Interections Of Changes In Healthcare And Legal Workplaces, Louise G. Trubek, Barbara J. Zabawa, Paula Galowitz

Louise G Trubek


The passage and implementation of the Affordable Care Act is propelling transformations in health care. The transformations include integration of clinics and hospitals, value based care, patient centeredness, transparency, computerized business models and universal coverage. These shifts are influencing the practice of health law, a vibrant specialty field considered a “hot” area for new lawyers. The paper examines how the transformations in health care are intersecting with ongoing trends in law practice: increase in in-house positions, collaboration between medical and legal professionals, and the continued search for increased access to legal representation for ordinary people. Three health law workplace sites ...


An Analysis Of Death Penalty Decisions From The October 2006 Supreme Court Term, Richard Klein 2014 Touro College Jacob D. Fuchsberg Law Center

An Analysis Of Death Penalty Decisions From The October 2006 Supreme Court Term, Richard Klein

Touro Law Review

No abstract provided.


The Monopoly Myth And Other Tales About The Superiority Of Lawyers, Leslie C. Levin 2014 SelectedWorks

The Monopoly Myth And Other Tales About The Superiority Of Lawyers, Leslie C. Levin

Leslie C. Levin

The legal profession’s control of much of the market for legal services is justified by the claim that only licensed lawyers can effectively and ethically represent clients. This article challenges that claim. A review of a number of studies suggests that experienced nonlawyers can provide competent legal services in certain contexts and in some cases, can seemingly do so as effectively as lawyers. There is also little evidence that lawyers’ legal training, the bar admission requirements, or lawyers’ psychological characteristics make them more trustworthy than nonlawyer legal services providers. The article considers some recent initiatives, such as Washington’s ...


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