Law Commons^™

Courage In The Holocaust, Lawrence Raful

Lawrence Raful

No abstract provided.

Moral Philosophy Meets Social Work, Frederic Reamer

Frederic G Reamer

In recent years, social workers have become increasingly aware of ethical dilemmas in practice. Beginning especially in the mid-to-late 1970s, social work's literature has included a steady stream of reflections on difficult moral choices involving conflicts among professional duties and obligations (Loewnberg and Dolgoff 1996; Congress 1998; Reamer 1998, 1999). To what extent do clients have the right to engage in self-harming behavior without interference? How should social workers allocate scarce or limited resources such as emergency services, shelter beds, funds, and even their own time? Is it ethically permissible for social workers to violate laws and regulations they believe …

Ethical And Legal Standards In Social Work, Frederic Reamer

Frederic G Reamer

Social workers frequently encounter circumstances involving ethical and legal issues. In many instances, relevant ethical and legal standards complement each other; however, in some circumstances, ethical and legal standards conflict. This article provides a comprehensive overview of the relationship between U.S. ethical and legal standards in social work. The author presents a conceptually based typology of 4 types of relationships between legal and ethical standards. Case examples are included. The author concludes with a decision-making framework designed to enhance social workers' constructive management of difficult decisions involving ethical and legal standards.

Deciding For Others, Frederic Reamer

Frederic G Reamer

One of the sadder features of life is that some individuals lose or never develop the ability to make decisions for themselves. Limitations due to age, mental disability, or physical disability sometimes interfere with individuals' capacity to make important judgments about their medical treatment, financial arrangements, and other personal matters.

Ethical Issues In Counseling / Book Review, Frederic Reamer

Frederic G Reamer

Since the late 1970s, the professions have paid increased attention to ethical issues. Professions as diverse as law, medicine, engineering, business, journalism, nursing, law enforcement, psychology, and social work have taken a keen interest in the ethical dimensions of practice.

Social Workers' Management Of Error, Frederic Reamer

Frederic G Reamer

Social workers, like all professionals, sometimes make mistakes. For example, they may disclose clients' confidential information inappropriately, fail to respond to clients' reasonable requests in a timely manner, or engage in improper dual relationships with clients. Ideally, social workers who err would follow a protocol that honors the profession's commitment to responsible and honest communication and minimizes the practical risks faced by social workers who might be named in lawsuits, licensing board complaints, and ethics complaints. This article explores the nature and forms of social work error and possible constructive responses to it that (a) protect clients, (b) minimize risk …

The Free Will-Determinism Debate And Social Work, Frederic Reamer

Frederic G Reamer

Social workers'judgments about the determinants of clients' problems have a substantial effect on practitioners' willingness to provide assistance. There is considerable variation in professionals' beliefs about the extent to which clients are themselves responsible for their difficulties, as opposed to factors that are beyond their control. This article examines the philosophical controversy known as the free will-determinism debate, and assesses its implications for the profession of social work.

The Moral Responsibility Of The Corporate Lawyer, Judith Mcmorrow

Judith A. McMorrow

No abstract provided.

Plea Bargaining, Discovery, And The Intractable Problem Of Impeachment Disclosures, R. Michael Cassidy

R. Michael Cassidy

In a criminal justice system where guilty pleas are the norm and trials the rare exception, the issue of how much discovery a defendant is entitled to before allocution has immense significance. This article examines the scope of a prosecutor’s obligation to disclose impeachment information before a guilty plea. This question has polarized the criminal bar and bedeviled the academic community since the Supreme Court’s controversial decision in United States v. Ruiz (2002). A critical feature of the debate has been the enduring schism between a prosecutor’s legal and ethical obligations – a gulf that the American Bar Association recently …

Recent Developments In The Law Of Lawyering: The New Illinois Rules Of Professional Conduct, Alberto Bernabe

Alberto Bernabe

The Moral Responsibility Of The Corporate Lawyer, Judith A. Mcmorrow, Luke M. Scheuer

Luke M Scheuer

Lawyers traditionally claim that they are not morally accountable for the goals or activities of their clients that are within the bounds of the law. This essay explores this concept of non-accountability in the context of corporate transactional representation. We argue that corporate lawyers, whose practice is forward looking, undertaken on behalf of corporate clients who have legally impaired ability to engage in independent moral reasoning, and who function in a world of relatively minimal legal oversight (i.e. whose work is furthest from the model of the adversary system) cannot persuasively claim that they are not morally responsible for the …