Legal Ethics and Professional Responsibility Commons^™

Prenatal Care For Undocumented Women In The United States, Cristina Mendoza

Nursing | Senior Theses

Background: While prenatal care is an essential preventive service, access is not equal. Undocumented immigrants in the United States face many barriers that prevent them from accessing primary health care needs, including adequate prenatal care. Throughout the United States, standard Medicaid provides coverage for all pregnancy-related care, encompassing the antenatal period, childbirth, and postpartum. However, undocumented women do not qualify to receive these services. Many studies showed that lack of prenatal care for undocumented pregnant women jeopardizes their health and their neonates’ health by increasing their risk of complications related to pregnancy and birth. Objective: To bring awareness of the ...

The Kavanaugh Court And The Schechter-To-Chevron Spectrum: How The New Supreme Court Will Make The Administrative State More Democratically Accountable, Justin Walker

Indiana Law Journal

In a typical year, Congress passes roughly 800 pages of law—that’s about a seveninch

stack of paper. But in the same year, federal administrative agencies promulgate

80,000 pages of regulations—which makes an eleven-foot paper pillar. This move

toward electorally unaccountable administrators deciding federal policy began in

1935, accelerated in the 1940s, and has peaked in the recent decades. Rather than

elected representatives, unelected bureaucrats increasingly make the vast majority

of the nation’s laws—a trend facilitated by the Supreme Court’s decisions in three

areas: delegation, deference, and independence.

This trend is about to be ...

“Identity-Based” And “Diversity-Based” Evidence Between Linear And Fractal Rationality, Maurizio Manzin

OSSA Conference Archive

Every individual when making an opinion always sees from a here-and-now point of view characterized by an overlapping of beliefs (produced by inner activities dealing with reasonings, feelings and ethical standards). In the history of philosophy we can find two main types of evidence, based on what we might call “linear” and “fractal” rationality. In the light of the former, which almost exclusively fosters formal deductivism, evidence is based on mere systematic coherence, and all other sources of knowledge (intuitive, perceptive, symbolic, poetic, moral etc.) are marginalized – persuasion included. In the light of “fractal” rationality, which is more adherent to ...

Walk The Line: Aristotle And The Ethics Of Narrative, Lori D. Johnson, Melissa Love Koenig

Nevada Law Journal

No abstract provided.

Behavioral Ethics, Deception, And Legal Negotiation, Russell Korobkin

Nevada Law Journal

No abstract provided.

Double Standards: An Empirical Study Of Patent And Trademark Discipline, Jon J. Lee

Boston College Law Review

Our legal system is built on the foundation that lawyers have a number of coexisting and sometimes conflicting duties—to their clients, to others who might be affected by their practice, and to the effective and equitable administration of justice. Although most lawyers fulfill these duties ethically, invariably some fail to live up to these expectations. For this reason, all states have created disciplinary authorities to regulate and sanction lawyer misconduct. Interestingly, the United States Patent and Trademark Office (USPTO) is one of the few agencies to have developed its own disciplinary system for policing the conduct of those who ...

Ethical Implications Of Forensic Genealogy In Criminal Cases, Solana Lund

The Journal of Business, Entrepreneurship & the Law

The use of forensic genealogy to solve criminal cases is likely to increase in the coming years, especially given its success in solving cold cases. While its potential for good is impressive, there are also legitimate ethical concerns that need to be addressed. As society sees an increase in the use of forensic genealogy and DTC databases in criminal investigations as well as an increase in the media attention it garners, there will be more discussion regarding ethical implications. Legal scholars say that it is only a matter of time before courts weigh in on the privacy of DNA and ...

Augustine, Lawyers & The Lost Virtue Of Humility, Bruce P. Frohnen

Catholic University Law Review

The leading edge of legal scholarship and practice in recent decades has evinced a commitment to progressive politics at the expense of constitutional governance, the rule of law, and justice understood as vindication of the reasonable expectations of both the public and the parties to any given case or controversy. This article argues that renewed understanding of the virtue of humility, rooted in a genuine concern to do good according to one’s abilities, rights, and duties, is essential to the maintenance of decency in the legal profession and society as a whole. Such virtue is allowed, if not required ...

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 ...

Cultural Diversity Awareness: Perceptions Of Community Residents And Police Personnel, Vickie Minnifield Greene

Scholar Week 2016 - present

This study examined the difference in self-reported perceptions of cultural diversity awareness between two specific groups, community residents and police personnel, within a Midwestern city’s community and police department. This study also measured how their attitudes related to their likelihood to assist in enhancing the goals of community policing, which includes the prevention of crime. Literature cited demonstrates that social injustice toward African Americans and Latinos, cultural diversity ignorance, miscommunication, and lack of trust between community residents and police personnel are indicators that their relationships require positive solutions toward repairing a historically strained relationship. The Miami University Diversity Awareness ...

Hart Failure: The Supreme Judicial Court's Interpretation Of Nonjudicial Demeanor, Harold T. Kelly Jr.

Maine Law Review

Among the inherent powers of the Maine Supreme Judicial Court is the power to regulate the officers of its courts. As the court explained in Board of Overseers of the Bar v. Lee, “each of the three co-equal branches of government has, without any express grant, the inherent right to accomplish all objects necessarily within the orbit of that department when not expressly allocated to, or limited by the existence of a similar power in, one of the other departments.” It is not surprising that the Supreme Judicial Court has for many years regulated, through formal disciplinary proceedings, the conduct ...

The Unmet Legal Needs Of The Poor In Maine: Is Mandatory Pro Bono The Answer?, Wendy F. Rau

Maine Law Review

In 1989, the Maine Commission on Legal Needs was formed to study the civil legal needs of Maine's poor population and to develop a plan for meeting those needs. Similar projects have been undertaken in a number of other states and by the American Bar Association in recent years. Each study has revealed a significant unmet need among the poor for assistance with legal problems. There seems little doubt that the situation is serious and widespread. The difficulty lies in finding a solution. One proposal that has been advanced is mandatory pro bono, a program that would require attorneys ...

Hart Failure: The Supreme Judicial Court's Interpretation Of Nonjudicial Demeanor, Harold T. Kelly Jr.

Maine Law Review

Among the inherent powers of the Maine Supreme Judicial Court is the power to regulate the officers of its courts. As the court explained in Board of Overseers of the Bar v. Lee, “each of the three co-equal branches of government has, without any express grant, the inherent right to accomplish all objects necessarily within the orbit of that department when not expressly allocated to, or limited by the existence of a similar power in, one of the other departments.” It is not surprising that the Supreme Judicial Court has for many years regulated, through formal disciplinary proceedings, the conduct ...

Disabling Language: Why Legal Terminology Should Comport With A Social Model Of Disability, Meg E. Ziegler

Boston College Law Review

The disability terminology used in the law has evolved significantly over time. This evolution has mirrored various models for treating and perceiving disability in society, from the moral model of disability as a sin to the medical model of disability as a defect to be cured. After witnessing the success of the Civil Rights Movement, disability rights activists began to push for a social model of disability that reframed disability as a condition created by physical and cultural barriers to inclusion rather than as an individual impairment. This activism led to federal legislation mandating both inclusion and inclusive language, but ...

"Agape" And The Life And Work Of Robert F. Cochran, Jr., Angela C. Carmella

Pepperdine Law Review

The life and work of Robert Cochran can be summed up in one word: discipleship. Professor Cochran’s work reflects deeply on Jesus’s words and ministry—His agapic love for all humanity—as they relate to the substance of law and its administration. Professor Cochran’s work establishes two important principles: the need to focus on Jesus’s love as the starting place for analysis and the need to reclaim justice as a central Christian concept. His many volumes help us to understand how it is possible to comprehend lawmaking as an act of agapic love. Further, they provide ...

Responding To Covid‐19: How To Navigate A Public Health Emergency Legally And Ethically, Lawrence O. Gostin, Eric A. Friedman, Sarah A. Wetter

Georgetown Law Faculty Publications and Other Works

Widespread social separation is rapidly becoming the norm, including closure of schools and universities, tele-commuting to work, bans on large gatherings, and millions of people isolated in their homes or make-shift facilities. Bans on international travel are already pervasive. Domestic travel restrictions are exceedingly rare, but now within the realm of possibility. Officials are even discussing cordon sanitaires (guarded areas where people may not enter or leave), popularly described as “lockdowns” or mass quarantines.

When the health system becomes stretched beyond capacity, how can we ethically allocate scarce health goods and services? How can we ensure that marginalized populations can ...

Is Law A Discipline? Forays Into Academic Culture, Gene R. Shreve

Cleveland State Law Review

This Article explores academic culture. It addresses the reluctance in academic circles to accord law the full stature of a discipline. It forms doubts that have been raised into a series of four criticisms. Each attacks an academic feature of law, inviting the question: Is law different from the rest of the university in a way damaging its stature as an academic discipline? The Article concludes that, upon careful examination of each criticism, none establishes a difference between law and other disciplines capable of damaging law’s stature.

Professional Identity Formation Through Pro Bono Revealed Through Conversation Analysis, Linda F. Smith

Cleveland State Law Review

Law school is supposed to teach legal analysis and lawyering skills as well as mold law students’ professional identities. Pro bono work provides an opportunity for law students to use their legal knowledge and skills and to develop their identities as emerging legal professionals. As important as both pro bono work and identity formation are, there has been very little research regarding how pro bono contributes to students’ identity formation. This Article utilizes a data set of over forty student-client consultations at a pro bono brief advice project that have been recorded and transcribed. It uses conversation analysis to study ...

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

The International Journal of Ethical Leadership

No abstract provided.

Are We Ready For Artificial Ethics: A.I. And The Future Of Ethical Decision Making, Shannon E. French, Kiju Lee, Margaret Kibben, Susannah Rose

The International Journal of Ethical Leadership

No abstract provided.