Law Commons^™

Federal Court Self-Preservation And Terri Schiavo, Jack M. Beermann

Faculty Scholarship

If the federal court in Florida had granted preliminary relief to allow itself more time to consider the constitutional claims that Terri Schiavo's parents brought on her behalf, and if, as expected, those claims were ultimately rejected, the federal court would have been placed in the unenviable position of having to be the institution that made the final decision to terminate Terri Schiavo's feeding and other treatment. Although I have no way of knowing whether this fact, which has not been noted in the commentary,' actually entered into the mind of any of the federal judges who considered the case, …

Overview Of Opr And Circular 230 Cases, Cono R. Namorato

William & Mary Annual Tax Conference

No abstract provided.

Of Apples And Trees: Adoption And Informed Consent, Ellen Wertheimer

Working Paper Series

This article argues that the doctrine of informed consent should apply to the process of adopting a child. There is substantial evidence that all adopted children are at higher risk of learning disabilities and mental health problems than nonadopted children. The article first summarizes the social science evidence demonstrating these risks and discusses some of the reasons why more extensive studies have not yet been done. The article then turns to the law of informed consent as created and applied in the contexts of medicine and law, and concludes that informed consent doctrine should apply to the process of adoption. …

Living With The Bologna Process: Recommendations To The German Legal Education Community From A U.S. Perspective, Laurel S. Terry

Faculty Scholarly Works

The Bologna Process is a dramatic development that is less than ten years old, but already it has significantly reshaped higher education in Germany and in Europe. This article is based on my research regarding the history and objectives of the Bologna Process and Bologna Process implementation in Germany. It contains my reflections about the Bologna Process and German legal education and my recommendations to the German legal education community.

Tax Practice In A Circular Revolution: A Review Of Pli's Circular 230 Deskbook, Bridget J. Crawford

All Faculty Scholarship

This short review essay evaluates the Practicing Law Institute's Circular 230 Deskbook by Jonathan G. Blattmachr, Mitchell M. Gans and Damien Rios. For attorneys, accountants and others who "practice" before the IRS, the Circular 230 Deskbook is a masterful analysis and an important guide to the Internal Revenue Service's labyrinthine rules and regulations governing tax penalties, reportable transactions and the conduct of tax practitioners. Most tax attorneys and accountants have reacted to the recent changes to Circular 230 by appending banner notices to all written communications. Without fully understanding the underlying rules, however, a practitioner cannot be sure that a …

Therapeutic Forgetting: The Legal And Ethical Implications Of Memory Dampening, Adam Kolber

Faculty Scholarship

No abstract provided.

2006 Changes To The Florida Rules Of Professional Conduct, Heather P. Baxter

Faculty Scholarship

No abstract provided.

Finding Redemption: How Picking Up The Phone Can Change A Lawyer's Life, Sean O'Brien

Faculty Works

The winner of the 2006 ABA Ross Essay Contest debated with himself whether to take a phone call from a death row inmate scheduled to be executed in 9 hours who turned out to be calling to request help for other prisoners. "As I hung up the phone, I experienced a profound awareness that no matter what each of us had previously done in our lives, at that moment Doyle Williams was a better human being than I. If a death row inmate can find redemption, maybe a lawyer can too."

Agenda: Climate Change And The Future Of The American West: Exploring The Legal And Policy Dimensions, University Of Colorado Boulder. Natural Resources Law Center

Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)

Sponsors: The William and Flora Hewlett Foundation; BP America; Holland & Hart; Patrick, Miller & Krope, P.C.; The Rocky Mountain Mineral Law Foundation, Rocky Mountain Natural Resource Center of the National Wildlife Federation, Western Water Assessment.

Exploring the legal and political dimensions that climate change will bring to the American West will be the focus of the CU-Boulder Natural Resources Law Center's 27th Annual Summer Conference.

Titled "Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions," the conference will be held June 7-9 at the Fleming Law Building on the University of Colorado at …

Slides: Climate Change And … The Future Of The American West, Michael (Mickey) Glantz

Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)

Presenter and Commentator: Michael (Mickey) Glantz, Center for Capacity Building, National Center for Atmospheric Research, Boulder, CO.

15 slides.

Slides: The Moral And Political Challenges Of Climate Change And Ethics And Climate Change, Dale Jamieson, Michael (Mickey) Glantz

Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)

Presenter: Dale Jamieson, Professor, New York University, New York NY.

Commentator: Michael (Mickey) Glantz, Center for Capacity Building, National Center for Atmospheric Research, Boulder, CO.

9 pages and 13 slides.

Contains references.

The Zeal Shortage, Anita Bernstein

Faculty Scholarship

No abstract provided.

We Can't Escape Responsibility, Gene R. Nichol

Popular Media

No abstract provided.

Institutional And Individual Justification In Legal Ethics: The Problem Of Client Selection, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.

Applying A Business Model To The University, John Neill

Center for the Study of Ethics in Society Papers

Published by the Center of the Study of Ethics in Society Western Michigan University.

Cultural Contradictions And Ethical Dilemmas In The Corporate-Styled University, Eric Gould

Center for the Study of Ethics in Society Papers

Published by the Center of the Study of Ethics in Society Western Michigan University

Epilogue: Universities And Corporations, Robert Kauffman

Center for the Study of Ethics in Society Papers

Published by the Center of the Study of Ethics in Society Western Michigan University.

Media Ethics: The Powerful And The Powerless, Elaine E. Englehardt

Center for the Study of Ethics in Society Papers

Papers presented for the Center of the Study of Ethics in Society Western Michigan University.

Recent Developments In International Education At Wmu, Ronald Davis

Center for the Study of Ethics in Society Papers

Published by the Center of the Study of Ethics in Society Western Michigan University.

Universities And Corporations: A Selection Of Papers Presented At Tire Western Michigan University Emeriti Council Forum, Center Of The Study Of Ethics In Society

Center for the Study of Ethics in Society Papers

A selection of papers presented at the WMU Emeriti Council Forum.

The Entrepreneurial University: Rewards & Risks, Samuel M. Hines Jr.

Center for the Study of Ethics in Society Papers

Published by the Center of the Study of Ethics in Society Western Michigan University.

The College Of Engineering And Applied Sciences & The Btr-A Partnership With Purpose, Michael B. Atkins, Kurt Hayden

Center for the Study of Ethics in Society Papers

Published by the Center of the Study of Ethics in Society Western Michigan University.

The Commodification Of International Education, Howard Dooley

Center for the Study of Ethics in Society Papers

Published by the Center of the Study of Ethics in Society Western Michigan University.

Institutional And Individual Justification In Legal Ethics: The Problem Of Client Selection, W. Bradley Wendel

Cornell Law Faculty Publications

Monroe Freedman is well known as a proponent of the "standard conception" of legal ethics - that is, that a lawyer cannot be criticized in moral terms for actions taken in a representative capacity. Surprisingly, however, Freedman has argued that client selection is a decision for which a lawyer may be required to provide a justification in ordinary moral terms. This apparent inconsistency reveals a conceptual distinction in normative ethical theory, which is often blurred, between justifying a practice (in this case, the legal system or some specialized practice such as criminal defense) and justifying an action falling within the …

Introduction: The Entrepreneurial University, Joseph Ellin

Center for the Study of Ethics in Society Papers

Published by the Center of the Study of Ethics in Society Western Michigan University.

Nontraditional And Unorthodox Interventions In Social Work, Frederic G. Reamer

Faculty Publications

Social work interventions with individuals, families, couples, and small groups have evolved over time. Traditional casework methods associated with social work's pioneers during the early and mid-twentieth century, such as Mary Richmond, Florence Hollis, Harriett Bartlett, Grace Coyle, and Helen Perlman have been transformed. Today's social workers are more likely to discuss and debate the use of such approaches as dialectical behavior therapy, narrative therapy, hypnosis, eye movement desensitization and reprocessing, art and dance therapy, radical cognitive therapy, and Internet-based therapy, among others. Clinicians now have access to a staggering array of clinical options that would be unimaginable to social …

Reconsidering The Corporate Attorney-Client Privilege: A Response To The Compelled-Voluntary Waiver Paradox, Lonnie T. Brown, Jr.

Scholarly Works

The Department of Justice (“DOJ”) has adopted guidelines that seem to make waiver of the attorney-client privilege and work product protection a prerequisite for being deemed “cooperative,” a significant designation that carries with it the prospect for more favorable penal treatment. In addition, the United States Sentencing Commission underscored the potential importance of such waivers by approving an amendment to the Federal Sentencing Guidelines in 2004 that, under certain circumstances, makes privilege waiver a factor in assessing a corporation's “culpability score,” which is used in determining the appropriate sentencing range.

This perceived ever-present concern has caused many corporate executives and …

Counseling Organizational Clients "Within The Bounds Of The Law", Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

What's Wrong With Being Creative And Aggressive?, W. Bradley Wendel

Cornell Law Faculty Publications

When I tell people that I am a law professor specializing in legal ethics, they usually have one of two reactions: “Legal ethics—that’s an oxymoron!” or “I bet you always have a lot to do.” The second reaction is the more interesting of the two, because it rightly implies that legal ethics is a fascinating field, in part because lawyers are always thinking of new ways to get into trouble. Many run-of-the-mill lawyer disciplinary cases involve simple wrongdoing, such as stealing from client funds, which does not present conceptually interesting issues. Contemporary high-profile legal ethics scandals, by contrast, are made …

Building A Better Lawyer Discipline System: The Queensland Experience, Leslie Levin

Faculty Articles and Papers

In many jurisdictions, lawyer-run discipline systems are inefficient, overly lenient and insufficiently responsive to consumer's concerns. Queensland's Legal Profession Act 2004 (Qld) breaks away from that model by moving lawyer discipline out of lawyers' professional associations and into an independent agency. It articulates a decidedly consumer-oriented approach to lawyer discipline and gives Queensland's new Legal Services Commissioner the power to investigate and prosecute all discipline complaints. This article looks at Queensland's recent reforms, and considers how well the new system is meeting its twin goals of consumer protection and traditional lawyer discipline. Using interviews and other data, the article identifies …