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, 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, 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 may …
Fraud And Abuse In Mesothelioma Litigation, 2014 Benjamin N. Cardozo School of Law
Fraud And Abuse In Mesothelioma Litigation, Lester Brickman
Articles
No abstract provided.
Akedah, The Holocaust, And The Limits Of The Law In Roth's "Eli, The Fanatic", 2014 Central Connecticut State 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 within the context of …
Incarceration And Reintegration: How It Impacts Mental Health, 2014 California State University - San Bernardino
Incarceration And Reintegration: How It Impacts Mental Health, April M. Marier, Alex Alfredo Reyes
Electronic Theses, Projects, and Dissertations
ABSTRACT
Background: Previous criminal justice policies have been non-effective leading to overpopulated prisons and unsuccessful reintegration. There is a lack of effective supportive and/or rehabilitative services resulting in high rates of recidivism and mental health implications. Objective: This study investigated the perceived impact that incarceration and reintegration with little to no supportive and/or rehabilitative services has on the mental health status of an individual. The emphasis was on participant perception and not on professional reports because of underreporting and lack of attention to mental health in the criminal justice system. Methods: Focus groups in the Inland Empire and Coachella Valley …
Ethical Issues Related To Cloud Computing, 2014 John Marshall Law School
Ethical Issues Related To Cloud Computing, Alberto Bernabe
Alberto Bernabe
Intermediaries Revisited: Is Efficient Certification Consistent With Profit Maximization?, 2014 University of Southern California
Intermediaries Revisited: Is Efficient Certification Consistent With Profit Maximization?, Jonathan M. Barnett
Jonathan M Barnett
Private certification mechanisms are a key component of the regulatory infrastructure in the financial sector and other commercial settings. It is generally assumed that certification intermediaries have profit-based incentives to deliver accurate information to the certified market. But this view does not account for repeated failures in certification markets. Those failures can be explained by an inherent defect in the incentive structure of certification intermediaries: entry barriers both support and undermine the consistent supply of accurate information to the certified market. Certification markets tend to converge on a handful of providers protected by switching costs, product opacity and reputational noise. …
Appellate Division, First Department, People V. Dillard, 2014 Touro University 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, 2014 National Paralegal College
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 ubiquitous …
Small Business Occupational Fraud, 2014 La Salle University
Small Business Occupational Fraud, Judy Dunne
Economic Crime Forensics Capstones
Estimate show that businesses will lose approximately 5% of revenue annually to occupational fraud. A small business generating $5 million in annual revenue will be estimated to lose $250,000 annually to fraud. The small business owners, with only a few employees, do not have the luxury an internal audit department to keep fraud in check. The small business owners must rely on themselves to be the audit department and it has to happen in a cost effective manner. In order to combat the possibility of fraud, the small business owner must first be familiar with the concepts of the fraud …
Transformations In Health Law Practice: The Interections Of Changes In Healthcare And Legal Workplaces, 2014 University of Wisconsin Law School
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, 2014 Touro Law School
An Analysis Of Death Penalty Decisions From The October 2006 Supreme Court Term, Richard Klein
Touro Law Review
No abstract provided.
Technology And Client Communications: Preparing Law Students And New Lawyers To Make Choices That Comply With The Ethical Duties Of Confidentiality, Competence, And Communication, 2014 University of Kentucky College of Law
Technology And Client Communications: Preparing Law Students And New Lawyers To Make Choices That Comply With The Ethical Duties Of Confidentiality, Competence, And Communication, Kristin J. Hazelwood
Law Faculty Scholarly Articles
That the use of technology has radically changed the legal profession is beyond dispute. Through technology, lawyers can now represent clients in faraway states and countries, and they can represent even local clients through a “virtual law office.” Gone are the times in which the lawyer’s choices for communicating with clients primarily involve preparing formal business letters to convey advice, holding in-person client meetings in the office, or conducting telephone calls with clients on landlines from the confines of the lawyer’s office. Not only do lawyers have choices about how to communicate with their clients, but they also frequently choose …
The Monopoly Myth And Other Tales About The Superiority Of Lawyers, 2014 University of Connecticut School of Law
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 approval of …
Are Legal Ethics Ethical? A Survey Experiment, 2014 Selected Works
Are Legal Ethics Ethical? A Survey Experiment, Stephen Galoob, Su Li
Stephen Galoob
Many core questions in legal ethics concern the relationship between ordinary morality and rules of professional conduct that govern lawyers. Do these legal ethics rules diverge from ordinary morality? Is the lawyer's role morally distinctive? Do professional norms establish what the lawyer has most reason to do? Conjectured answers to these questions abound. In this Article, we use methods from moral psychology and experimental philosophy to provide the first systematic, empirical examination of these questions. Results from a survey experiment suggest that legal ethics rules about advocacy and confidentiality diverge from lay moral judgments; that lay judgments do not, in …
Adolescent Medical Decision Making And The Law Of The Horse, 2014 University of Maryland Francis King Carey School of Law
Adolescent Medical Decision Making And The Law Of The Horse, Amanda C. Pustilnik, Leslie Meltzer Henry
Amanda C Pustilnik
Legal and ethical regimes relating to adolescent medical decision making resemble what Judge Frank H. Easterbrook derisively called “the Law of the Horse”: Many laws deal with horses, he wrote, but there is no such field as “horse law.” Similarly, even though the United States has juvenile and family courts, as well as pediatric and adolescent medical departments, there is not a distinct field of “adolescent medical decision-making law” or ethics; there are just many disparate policies that implicate or impinge upon decisions made by adolescents. These include state laws ranging from those that permit minors to seek treatment for …
The Many Connections Between Well-Being And Professionalism In The Practice Of Law: Implications For Teaching, 2014 University of Arkansas at Little Rock William H. Bowen School of Law
The Many Connections Between Well-Being And Professionalism In The Practice Of Law: Implications For Teaching, Todd David Peterson
University of Arkansas at Little Rock Law Review
No abstract provided.
The Emotionally Intelligent Law Professor: A Lesson From The Breakfast Club, 2014 University of Arkansas at Little Rock William H. Bowen School of Law
The Emotionally Intelligent Law Professor: A Lesson From The Breakfast Club, Heidi K. Brown
University of Arkansas at Little Rock Law Review
No abstract provided.
The Role Of Mindfulness In The Ongoing Evolution Of Legal Education, 2014 University of Arkansas at Little Rock William H. Bowen School of Law
The Role Of Mindfulness In The Ongoing Evolution Of Legal Education, Scott L. Rogers
University of Arkansas at Little Rock Law Review
No abstract provided.
On Engagement: Learning To Pay Attention, 2014 University of Arkansas at Little Rock William H. Bowen School of Law
On Engagement: Learning To Pay Attention, R. Lisle Baker, Daniel P. Brown
University of Arkansas at Little Rock Law Review
No abstract provided.