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Legal Ethics and Professional Responsibility Commons

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A Breakthrough With The Tpp: The Tobacco Carve-Out, Sergio Puig, Gregory Shaffer 2017 James E. Rogers College of Law, University of Arizona

A Breakthrough With The Tpp: The Tobacco Carve-Out, Sergio Puig, Gregory Shaffer

Yale Journal of Health Policy, Law, and Ethics

The United States has made great progress in reducing tobacco consumption at home while spending taxpayer money to promote its consumption abroad. 1 While U.S. tobacco consumption rates have fallen dramatically since the 1960s, they are soaring in the developing world. 2 Today, about twenty percent of adults in the world smoke, and more than eighty percent of them live in low- and middle-income countries. 3 As a result, tobacco could kill one billion people this century, and largely in these lower-income countries.


An Evidence-Based Objection To Retributive Justice, Brian T.M. Mammarella 2017 University of Virginia School of Law

An Evidence-Based Objection To Retributive Justice, Brian T.M. Mammarella

Yale Journal of Health Policy, Law, and Ethics

Advancements in neuroscience and related fields are beginning to show,
with increasing clarity, that certain human behaviors stem from uncontrolled, mechanistic causes. These discoveries beg the question: If a given behavior results from some combination of biological predispositions, neurological circumstances, and environmental influences, is that action unwilled
and therefore absolved of all attributions of credit, blame, and responsibility? A number of scholars in law and neuroscience who answer "yes" have considered how the absence of free will should impact criminal law's willingness to justify punishments on the basis of retribution, with some arguing that criminal law ought to dispense ...


Rehabilitation, Education, And The Integration Of Individuals With Severe Brain Injury Into Civil Society: Towards An Expanded Rights Agenda In Response To New Insights From Translational Neuroethics And Neuroscience, Megan S. Wright, Joseph J. Fins 2017 Research Fellow at the Solomon Center for Health Law and Policy at Yale Law School

Rehabilitation, Education, And The Integration Of Individuals With Severe Brain Injury Into Civil Society: Towards An Expanded Rights Agenda In Response To New Insights From Translational Neuroethics And Neuroscience, Megan S. Wright, Joseph J. Fins

Yale Journal of Health Policy, Law, and Ethics

Many minimally conscious patients are segregated in nursing homes, and are without access to rehabilitative technologies that could help them reintegrate into their communities. In this Article, we argue that persons in a minimally conscious state or who have the potential to progress to such a state must be provided rehabilitative services instead of being isolated in custodial care. The right to rehabilitative technologies for the injured brain stems by analogy to the expectation of free public education for children and adolescents, and also by statute under the Americans with Disabilities Act and under Supreme Court jurisprudence, namely the leading ...


Reimagining The Risk Of Long-Term Care, Allison K. Hoffman 2017 Yale Law School

Reimagining The Risk Of Long-Term Care, Allison K. Hoffman

Yale Journal of Health Policy, Law, and Ethics

U.S. law and policy on long-term care fail to address the insecurity American families face due to prolonged illness and disability-a problem that grows more serious as the population ages and rates of disability rise. This Article argues that, even worse, we have focused on only part of the problem. It illuminates two ways that prolonged disability or illness can create insecurity.
The first arises from the risk of becoming disabled or sick and needing long-term care, which could be called "care-recipient" risk. The second arises out of the risk of becoming responsible for someone else's care, which ...


The Big Lebowski: The Dude’S Lessons In Law And Leadership For Military And National Security Attorneys, Ryan A. Little 2017 Judge Advocate, United States Army

The Big Lebowski: The Dude’S Lessons In Law And Leadership For Military And National Security Attorneys, Ryan A. Little

Pace Law Review

The Big Lebowski is a cultural phenomenon that has prompted academic research into the nature of cult cinema, provided fodder for a host of law review quotes, and motivated a tradition of fan festivals and midnight screenings. However, most viewers do not realize that The Big Lebowski also serves as an engaging training tool for military and national security attorneys.

Disguised as an impish play on film noir and hard-boiled detective fiction, The Big Lebowski’s unpretentious treatment of delicate topics contains poignant lessons for military and national security attorneys that include: (1) the risks facing national security attorneys when ...


Application Of Default Rules To Address Financial Conflicts Of Interest In Academic Medical Centers, Joanna K. Sax 2017 California Western School of Law

Application Of Default Rules To Address Financial Conflicts Of Interest In Academic Medical Centers, Joanna K. Sax

Joanna K Sax

A recent report issued from the Institute of Medicine contains an extensive analysis of financial conflicts of interest (FCOIs) in biomedical science. In brief, an FCOI exists when a profit-seeking motive either unduly influences or appears to influence an academic scientist’s primary obligations. The cornerstone of current policy to address FCOIs at academic medical centers (AMCs) is disclosure; however, disclosure does not appear to appropriately regulate, manage, or eliminate FCOIs.

Although the relationships between intramural scientists and industry and extramural scientists and industry may be structurally different, they both can lead to FCOIs that threaten scientific integrity. Overall, the ...


Justice For Noncitizens: A Case For Reforming The Immigration Legal System, Anna Paden Carson 2017 Washington and Lee University

Justice For Noncitizens: A Case For Reforming The Immigration Legal System, Anna Paden Carson

VA Engage Journal

The immigration legal system exists as a function of the executive branch rather than the judicial branch, and many of the constitutional rights guaranteed in a judicial court do not continue into the immigration legal sphere. Noncitizen defendants in the immigration court system are not guaranteed the same due process rights or right to appointed counsel as United States citizens, which severely limits their chance of a successful outcome. Moreover, while many noncitizens await their trials in these courts, they are often placed in one of the 234 immigration detention facilities across the nation, which further exacerbates the direness of ...


Rebellious Strains In Transactional Lawyering For Underserved Entrepreneurs And Community Groups, Paul R. Tremblay 2017 Boston College Law School

Rebellious Strains In Transactional Lawyering For Underserved Entrepreneurs And Community Groups, Paul R. Tremblay

Paul R. Tremblay

In his 1992 book Rebellious Lawyering: One Chicano’s Vision of Progressive Law Practice, Gerald Lopez disrupted the conventional understandings of what it meant to be an effective poverty lawyer or public interest attorney. His critiques and prescriptions were aimed at litigators and lawyers similarly engaged in struggles for social change. His book did not address the role of progressive transactional lawyers. Today, transactional lawyers working in underserved communities are far more common. This Essay seeks to apply Lopez’s critiques to the work of those practitioners.

I argue here that transactional legal services, or TLS, on behalf of subordinated ...


Toward A Theory Of The Political Defense, Isidore Silver 2017 St. John's University School of Law

Toward A Theory Of The Political Defense, Isidore Silver

The Catholic Lawyer

No abstract provided.


Solution Of The "Defense Of The Guilty", William F. Cahill, B.A., LL.B., J.C.D. 2017 St. John's University School of Law

Solution Of The "Defense Of The Guilty", William F. Cahill, B.A., Ll.B., J.C.D.

The Catholic Lawyer

No abstract provided.


Morality In Legal Practice: Defense Of The Guilty, 2017 St. John's University School of Law

Morality In Legal Practice: Defense Of The Guilty

The Catholic Lawyer

No abstract provided.


Solution Of The Disclosure Problem, William F. Cahill, B.A., LL.B., J.C.D. 2017 St. John's University School of Law

Solution Of The Disclosure Problem, William F. Cahill, B.A., Ll.B., J.C.D.

The Catholic Lawyer

No abstract provided.


Morality In Legal Practice: Disclosure, 2017 St. John's University School of Law

Morality In Legal Practice: Disclosure

The Catholic Lawyer

No abstract provided.


Solution Of The Problem Cases, William F. Cahill, B.A., LL.B., J.C.D. 2017 St. John's University School of Law

Solution Of The Problem Cases, William F. Cahill, B.A., Ll.B., J.C.D.

The Catholic Lawyer

No abstract provided.


Morality In Legal Practice: Disclosure, 2017 St. John's University School of Law

Morality In Legal Practice: Disclosure

The Catholic Lawyer

No abstract provided.


The Criminal Defense Lawyer's Fiduciary Duty To Clients With Mental Disability, Christopher Slobogin, Amy R. Mashburn 2017 University of Florida Levin College of Law

The Criminal Defense Lawyer's Fiduciary Duty To Clients With Mental Disability, Christopher Slobogin, Amy R. Mashburn

Christopher Slobogin

This Article argues that the defense attorney has a multifaceted fiduciary duty toward the client with mental disability. That duty requires, first and foremost, respect for the autonomy of the client. The lawyer shows that respect not only by heeding the wishes of the competent client but by refusing to heed the wishes of the incompetent client. A coherent approach to the competency construct is therefore important. Following the lead of Professor Bonnie, this Article has broken competency into two components: assistance competency and decisional competency. It has defined the former concept in traditional terms, as an understanding of the ...


Weaver V. Commonwealth Of Massachusetts, Bruce Green, Russell Pearce 2017 Fordham Law School

Weaver V. Commonwealth Of Massachusetts, Bruce Green, Russell Pearce

Amicus Briefs

No abstract provided.


Aggregation As Disempowerment: Red Flags In Class Action Settlements, Howard M. Erichson 2017 Fordham University

Aggregation As Disempowerment: Red Flags In Class Action Settlements, Howard M. Erichson

Notre Dame Law Review

Class action critics and proponents cling to the conventional wisdom that class actions empower claimants. Critics complain that class actions over-empower claimants and put defendants at a disadvantage, while proponents defend class actions as essential to consumer protection and rights enforcement. This Article explores how class action settlements sometimes do the opposite. Aggregation empowers claimants’ lawyers by consolidating power in the lawyers’ hands. Consolidation of power allows defendants to strike deals that benefit themselves and claimants’ lawyers while disadvantaging claimants. This Article considers the phenomenon of aggregation as disempowerment by looking at specific settlement features that benefit plaintiffs’ counsel and ...


Mutually Assured Protection Among Large U.S. Law Firms, Tom Baker, Rick Swedloff 2017 University of Pennsylvania Law School

Mutually Assured Protection Among Large U.S. Law Firms, Tom Baker, Rick Swedloff

Faculty Scholarship

Top law firms are notoriously competitive, fighting for prime clients and matters. But some of the most elite firms are also deeply cooperative, willingly sharing key details about their finances and strategy with their rivals. More surprisingly, they pay handsomely to do so. Nearly half of the AmLaw 100 and 200 belong to mutual insurance organizations that require member firms to provide capital; partner time; and important information about their governance, balance sheets, risk management, strategic plans, and malpractice liability. To answer why these firms do so when there are commercial insurers willing to provide coverage with fewer burdens, we ...


The Ethics Of Representing Founders, Paul R. Tremblay 2017 College of William & Mary Law School

The Ethics Of Representing Founders, Paul R. Tremblay

William & Mary Business Law Review

Lawyers assisting entrepreneurial startups frequently work with individual founders before any formal organizational client materializes. In advising founders about such legal matters as whether to establish an entity, and if so, which entity best fits the needs of the enterprise, as well as how to arrange the owners’ relationships within the business, the lawyer necessarily has an attorney-client relationship with someone. The prevailing scholarship about startup representation pays surprisingly little attention to the posture of the lawyer and her founder-clients in the pre-organization context. This Article investigates the lawyer’s responsibilities and commitments in depth.

A lawyer working with a ...


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