Ethics and Professional Responsibility Commons^™

Annual Saltman Lecture: Further Beyond Reason: Emotions, The Core Concerns, And Mindfulness In Negotiation, Leonard L. Riskin

Faculty Publications

This article focuses on one particularly common problem: Sometimes people who understand the Core Concerns System, know how to use it, and intend to employ it in a particular negotiation, either fail to do so or fail to do so skillfully; when they review the negotiation, they regret not having used the Core Concerns System, and believe that using it would have produced a better process and outcome. When this occurs, it often results from deficits or faults in the negotiator's awareness.

It follows that a negotiator can enhance his ability to employ the Core Concerns System through improving ...

An Ethical Duty To Protect One’S Own Information Privacy?, Anita L. Allen

Faculty Scholarship

People freely disclose vast quantities of personal and personally identifiable information. The central question of this Meador Lecture in Morality is whether they have a moral (or ethical) obligation (or duty) to withhold information about themselves or otherwise to protect information about themselves from disclosure. Moreover, could protecting one’s own information privacy be called for by important moral virtues, as well as obligations or duties? Safeguarding others’ privacy is widely understood to be a responsibility of government, business, and individuals. The “virtue” of fairness and the “duty” or “obligation” of respect for persons arguably ground other-regarding responsibilities of confidentiality ...

Innovation Incentives Or Corrupt Conflicts Of Interest? Moving Beyond Jekyll And Hyde In Regulating Biomedical Academic-Industry Relationships, Patrick L. Taylor

Yale Journal of Health Policy, Law, and Ethics

The most contentious, unresolved issue in biomedicine in the last twenty-five years has been how to best address compensated partnerships between academic researchers and the pharmaceutical industry. Law and policy deliberately promote these partnerships through intellectual property law, research funding programs, and drug and device approval pathways while simultaneously condemning them through conflict-of-interest (COI) regulations. These regulations have not been subjected to the close scrutiny that is typically utilized in administrative law to evaluate and improve regulatory systems. This Article suggests that the solution to this standoff in biomedical law and policy lies in an informed, empirical approach. Such an ...

Are Independent Pharmacies In Need Of Special Care? An Argument Against An Antitrust Exemption For Collective Negotiations Of Pharmacists, Danielle B. Rosenthal

Yale Journal of Health Policy, Law, and Ethics

The last half-century has witnessed a dramatic rise in both health care spending and associated efforts to rein in costs. As these factors and others coalesced, the “managed care revolution” was born. In the last several decades, health maintenance organizations (HMOs) — along with other managed care organizations (MCOs), such as preferred provider organizations (PPOs), point of service (POS) plans, and managed indemnity plans — have attempted to balance patients’ quality of care against steadily rising health care costs. Although insurers greatly have improved access to care, they have faced sharp criticism from health care providers. Physicians and pharmacists, in particular, have ...

The Origins Of American Health Libertarianism, Lewis A. Grossman

Yale Journal of Health Policy, Law, and Ethics

This Article examines Americans’ enduring demand for freedom of therapeutic choice as a popular constitutional movement originating in the United States’ early years. In exploring extrajudicial advocacy for therapeutic choice between the American Revolution and the Civil War, this piece illustrates how multiple concepts of freedom in addition to bodily freedom bolstered the concept of a constitutional right to medical liberty. There is a deep current of belief in the United States that people have a right to choose their preferred treatments without government interference. Modern American history has given rise to movements for access to abortion, life-ending drugs, unapproved ...

Towards A Framework Convention On Global Health: A Transformative Agenda For Global Health Justice, Lawrence O. Gostin, Eric A. Friedman

Yale Journal of Health Policy, Law, and Ethics

Global health inequities cause nearly 20 million deaths annually, mostly among the world’s poor. Yet international law currently does little to reduce the massive inequalities that underlie these deaths. This Article offers the first systematic account of the goals and justifications, normative foundations, and potential construction of a proposed new global health treaty, a Framework Convention on Global Health (FCGH), grounded in the human right to health. Already endorsed by the United Nations Secretary-General, the FCGH would reimagine global governance for health, offering a new, post-Millennium Development Goals vision. A global coalition of civil society and academics has formed ...

In Defense Of The Business Of Law, Judith A. Mcmorrow

Boston College Law School Faculty Papers

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 ...

Early Disclosure Would Gut Judicial Complaint System, Susan Rutberg, Peter Keane

Publications

No abstract provided.

The Scope Of Discovery Of Legal Ethics In Class Action Litigation, Bernard W. Freedman

Pepperdine Law Review

No abstract provided.

Weatherford V. Bursey: "Surreptitious Invasion… Into The Legal Camp Of The Defense", Paul H. Voss

Pepperdine Law Review

No abstract provided.

Model Code Of Judicial Conduct For Federal Administrative Law Judges , National Conference Of Administrative Law Judges, Judicial Administration Division, American Bar Association

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Evaluation: Where Are We? Where Are We Going?, Ronnie A. Yoder

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Development Of The Model Code Of Judicial Conduct For State Administrative Law Judges, Stanley J. Cygan

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Model Code Of Judicial Conduct For State Administrative Law Judges , National Association Of Administrative Law Judges

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

A Model Code Of Judicial Conduct For State Administrative Law Judges - National Conference Of Administrative Law Judges - American Bar Association, National Conference Of Administrative Law Judges American Bar Association

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

A Breach Too Far: The Assault On Judges' Professionalism By The Office Of Hearings And Appeals, Edd Wheeler

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Professionalism: A Call To Excellence, Gina L. Hale

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Model Standards Of Conduct For Mediators, American Arbitration Association

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Model Act Creating A State Central Hearing Agency, House Of Delegates Of The American Bar Association

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Security Of Tenure Of Administrative Law Judges: How Much Can An Alj Say And Still Stay An Alj?, Allen Shoenberger

Journal of the National Association of Administrative Law Judiciary

No abstract provided.