Legal Ethics and Professional Responsibility Commons^™

Emergent Neurotechnologies And Challenges To Responsibility Frameworks, Laura Cabrera, Jennifer Carter-Johnson

Akron Law Review

This article examines the emerging medical technology of deep brain stimulation (DBS), a type of brain implant, to determine its ethical and legal ramifications. Lawyers, philosophers, and ethicists have labored to define the conditions under which individuals are to be judged legally and morally responsible for their actions. But where does responsibility lie if a person acts under the influence of her brain implant? Do we hold the individual solely responsible for her actions? Can we attribute any blame to the device? What about the engineers who designed it, or the manufacturer? The neurosurgeon who implanted it, or the neurologist ...

Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams

Honors Theses

The purpose of this research is to examine the political, social, and economic factors which have led to inhumane conditions in Mississippi’s correctional facilities. Several methods were employed, including a comparison of the historical and current methods of funding, staffing, and rehabilitating prisoners based on literature reviews. State-sponsored reports from various departments and the legislature were analyzed to provide insight into budgetary restrictions and political will to allocate funds. Statistical surveys and data were reviewed to determine how overcrowding and understaffing negatively affect administrative capacity and prisoners’ mental and physical well-being. Ultimately, it may be concluded that Mississippi has ...

Insider Trading As A Precursor To Modern Business Ethics, Robyn Coleman

Finance Undergraduate Honors Theses

There has been a recent change in business that there is more focus on the “stakeholder approach” than shareholder primacy. This can be attributed to the early actions and illegality of insider trading that expected a step beyond a solely economic approach. This attitude was then replicated to become what we see as the modern business approach. Business now includes ethical investing, environmental focus, corporate citizenship, and emphasis on multiple stakeholders that was not always there. Companies have embraced this position while others have been criticized for not doing so. As this approach develops and changes, it will be enlightening ...

Intersectionality And Accessibility To Social Services, Nora Khuder

Thinking Matters Symposium

In times of a crisis the intersectionality of sex, class, and ability creates a vulnerable population. Many available “resources'' are exhausted, due to high demand. Intersectionality signifies the impact of multiple intersecting identities in society as a direct correlation to the specific and unique barriers of marginalized groups. Resources are currently limited due to the lack of representative data. Although many studies have been conducted, many researchers have failed to capture the need of social services in rural areas.

Employment Arbitration Agreements: The Case For Ethical Standards For Dispute Resolution System Designers, Michael L. Russell

Pepperdine Dispute Resolution Law Journal

Dispute resolution design is an emerging field, both academically and professionally. Attorneys, mediators, and arbitrators, the other roles in the alternative dispute resolution process, have codes of ethics which guide their conduct. Dispute resolution designers, however, have no such guidelines. This article uses the example of mandatory arbitration agreements in the employment context to illustrate why this lack of ethical guidelines for dispute resolutions designers is problematic. In recent years, mandatory arbitration agreements significantly impacted employment law and litigation. The two most problematic provisions that often appear in mandatory arbitration agreements in the workplace context are cost sharing provisions and ...

أ.د. محمد رياض الخاني ، المبادىء الأخلاقية التي يجب أن يتحلى بها الطبيب في ممارسته لمهنته الطبية

Journal Sharia and Law

استأثرت الأعمال الطبية التقليدية العلاجية والجراحية ، ومازالت ، بكثير من الاهتمام علىكافة الأصعدة ، القانونية ، والدينية الشرعية، والاجتماعية ، والنفسية ، والأدبية والأخلاقية ، والمالية وغيرها.

ولا ننسى في هذا المجال الإشارة إلى أن فقهاء الشريعة الإسلامية قد أشبعوا المواضيع المذكورة درساً وتمحيصاً ، ووصلوا إلى نتائج تكاد لا تفترق أو لا تختلف عن النتائج التي وصل إليها رجال القانون الوضعي في الإطار الجزائي والمدني والمهني أو المسلكي.

إلا أن تطور الفكر البشري وبعض الشرائع السكانية في المجتمعات العربية والإسلامية والغربية قد أبدل طبيعة الأعمال اليومية المعتادة للطبيب المعالج أو الجراح أو المولد وغيرهم، بحيث أصبحت أعمال من يساعدهم في ممارستها غير محصورة في الإطار التقليدي.

The Attorney-Client Privilege And Former Employees, Douglas R. Richmond

Catholic University Law Review

Attorney-client relationships are infused with confidentiality, and the attorney-client privilege is critical to the protection of sensitive and important communications between clients and their lawyers. Organizational clients, like individuals, are entitled to assert the attorney-client privilege concerning communications that fall within its scope.

In the organizational context, a common problem is determining who among the entity’s employees speaks on its behalf, such that communications between the entity’s lawyers and those employees may be protected against discovery by the organization’s adversaries and other third parties. And, of course, as organizations experience the inevitable turnover in their workforces, another ...

“We” The Jury: The Problem Of Peremptory Strikes As Illustrated By Flowers V. Mississippi, Kayley A. Viteo

St. Mary's Law Journal

Abstract forthcoming.

A Literary Analysis Of The Origin Of Human Embryonic Stem Cells, Its Advancements, Philosophical, Ethical, Sociocultural, And Political Aspects; An Investigation Of The Underlying Attributes That Affect One’S Views On Hesc Research To Resolve Turkey And Brazil’S Hesc Policy, Religious, And Cultural Conflicts, Haleema Shamsuddin

Honors Theses

Human embryonic stem cells (hESCs) are cells derived from 5-day human embryos and are self-renewing cell lines that change into any type of cell in the body, a trait called pluripotency. hESCs have almost unlimited clinical and medical research potential. Despite the great therapeutic promise of hESC research, it comes with a controversial ethical debate due to its involvement with the destruction of the human embryo. The central argument revolves around the question of whether or not these human embryos should be ascribed equal moral status to fully developed humans. This thesis aims to analyze the origin and advancements of ...

Legal Principles Of Acts Resulting From Patent Rights A Comparative Study Of Uae, Jordanian And French Legal Systems, Nouri Hamad Khater

Journal Sharia and Law

Patent rights occupy an eminent position within the intellectual copyrights in general, and the industrial copyrights, in particular. Admitting patent rights resulted in several significant impacts at the legal and economic levels alike. Thus, patent legislations have closely focused on that issue. Among the most important impacts of such an issue are the articles governing the acts based on patent rights. Legislations have identified the basic legal principles governing these acts. Therefore, we find it highly essential to discuss these legislations, explain their principles and compare such basic principles to the general principles of legal acts. This study is based ...

Legal Principles Governing Biological Ethics A Comparative Study In French Law And International Agreement, Fwaz Saleh

Journal Sharia and Law

In 1953 the scientists Francis Crick and James Watson discovered the DNA structure. Ever since a terrific molecular biologic revolution is devastating the world taking us from one scientific discovery to another. These discoveries resulted in advanced knowledge in the fields of medicine and biology which increased the hope in discovering new medications for some chronic and incurable diseases - such as some dangerous hereditary diseases and the diabetes and the tremble disease and the early senility disease - a case which brings good to all humanity. But, on the other hand, if the scientific advancement in this field is not properly ...

Moral, Eeligious And Legal Sides Of Conducting Researches On Stem Cells, Fwaz Saleh

Journal Sharia and Law

Scientific Progress in medicing, gentics, and biology has led to find out new applications that open wide horizons in treating some chronic diseases. One of these applications is conducting researches on stem cells.

Stem cells are defined as a group of undifferentiated calls that can multiply without losing their ability to be distinguished from all other kinds of cells. The fertilized egg is the typical example of the stem cells ehere it is considered the first embryo cell from which all the body cells come out.

The stem cells are regarded as the stars of the modern biology. It is ...

Wrongful Incarceration Causes Substantial Bodily Harm: Why Lawyers Should Be Allowed To Breach Confidentiality To Help Exonerate The Innocent, Vania M. Smith

Catholic University Law Review

The Model Rules of Professional Conduct (MRPC) governs the conduct of lawyers and provides the framework for how individual states and territories craft their rules. Rules regarding confidentiality have been central through the many iterations of these rules since their inception. Client confidentiality protections are critical to establishing and maintaining the public trust in the profession. Rule 1.6 of the MRPC gives a lawyer the opportunity to divulge a client confidence under varying circumstances, including the prevention of “substantial bodily harm”. To date, this has not resulted in a wide interpretation that this exception includes wrongful incarceration. This article ...

Panel: Legal Ethics And The Environmental/Natural Resources Lawyer's Practices, John R. Leathers, Richard H. Underwood, Skip Stigger, Joseph J. Zaluski, Frank Dickerson, Donald H. Vish, W. Henry Graddy Iv, Thomas J. Fitzgerald

Journal of Natural Resources & Environmental Law

No abstract provided.

The Professional Liability Of The Legal Advisor: A Jordanian And English Law Perspective: A Critical Study, Nisreen Mahasneh, Ayman Khaled Masadeh

Journal Sharia and Law

This study deals with the professional liability of the legal advisor. To attain this purpose it starts by distinguishing between a lawyer who represents his client before courts and a mere legal advisor who undertakes the paper work and consultations. This study tries to follow the position of the Jordanian Bar Law as to whether it recognizes this distinction between an agent lawyer and a mere lawyer who submits a legal advice. Moreover, there are particular duties which lie on a lawyer, the question being here whether the wordings of the provisions of the Jordanian Bar Law extend to cover ...

The Electronic Press And Its Lack Of Responsibility

Journal Sharia and Law

The electronic press is the most widespread form of mass media represented by press publication services through websites publishing news, reports, investigations and press articles. It enjoys a lot of freedom and self-expression; however, such excessive freedom and self-expression is not absolute, for there are standard morals of press occupation governed basically by general disciplines, such as honesty and truth which have the ultimate aim of improving the performance of mass media and controlling mass media for the benefit of society and its issues.

Individuals harmed as a result of electronic publication as well as those who suffer from slander ...

Learning From The Past: Using Korematsu And Other Japanese Internment Cases To Provide Protections Against Immigration Detentions, Caleb Ward

Arkansas Law Review

One of the darkest periods in modern United States history is reoccurring with mixed public approval. During World War II, the United States government enacted executive orders creating a curfew, proscribing living areas, and forcing the exclusion and detention of all Japanese descendants from the West Coast. The United States justified these grievous freedom and equality violations through an increased need for national security “because we [were] at war with [Japan].” However, this perceived increased need for national security came from a fraudulent assessment showing any Japanese-American could be planning espionage or sabotage of the United States. After the war ...

The Commitment Of Comparative Legal Systems Of The Principle Of Pre- Contractual Good Faith At The Phase Of Negotiating Contract Terms, Mahmoud Fayyad

Journal Sharia and Law

Jurists of comparative law still disagree about the legal nature of the principle of pre-contractual good faith and its recognition in comparative legal systems. A unified definition could not be concluded for this principle besides its role in organizing legal transactions. The author of this paper is seeking to provide a clear definition for this principle, to clarify its role in legal transactions, to provide specific criteria to actions that may be breach it. Finally an examination of the organization of this principle in those legal systems was conducted. The German, Latin, Common law, UNIDROIT principles and the principles of ...

How And Why Did It Go So Wrong?: Theranos As A Legal Ethics Case Study, G.S. Hans

Georgia State University Law Review

The Theranos saga encompasses many discrete areas of law. Reporting on Theranos, most notably John Carreyrou’s Bad Blood, highlights the questionable ethical decisions that many of the attorneys involved made. The lessons attorneys and law students can learn from Bad Blood are highly complex. The Theranos story touches on multiple areas of professional responsibility, including competence, diligence, candor, conflicts, and liability. Thus, Theranos serves as a helpful tool to explore the limits of ethical lawyering for Professional Responsibility students.

This Article discusses the author’s experience with using Bad Blood as an extended case study in a new course ...

"Doing It For The 'Gram?" The Representational Politics Of Popular Humanitarianism, Orlando Woods, Siew Ying Shee

Research Collection School of Social Sciences

This paper explores how digital photography – the practice of taking pictures and sharing them via social media – can give rise to representational politics. These politics are pronounced when disadvantaged people and places are the objects of digital representation, as they become (dis)empowered by being implicated in the affective economy of difference. Empirically, we examine the representational practices that Singaporean voluntourists, and companies that organise overseas humanitarian projects, engage in. We highlight how their motivations for engaging with these projects can be obfuscated by the opportunity to generate influence on Instagram, which can then shape the practice of popular humanitarianism ...