Law Commons^™

Biomedical Ethics In The Soviet Union, Richard T. De George

Center for the Study of Ethics in Society Papers

*This is an abbreviated version of a paper presented first at a joint MIT-Harvard Faculty Seminar on the humanistic dimensions of Soviet Science on November 20, 1987, and then at the Western Michigan University Ethics Center on February 10, 1988. An expanded, fully documented version, under the title "Soviet Biomedical Ethics" will appear in a volume edited by Loren Graham, and tentatively entitled The Human Side of Soviet Science, Harvard University Press, 1989.

Who Should Decide The Appropriate Response To The Criminal Defendant Who Proposes Or Commits Perjury: A Comparison Of The North Carolina Rules Of Professional Conduct And The America Bar Association's Model Rules Of Professional Conduct, Patricia H. Marschall

North Carolina Central Law Review

No abstract provided.

Toward A Uniform System Of Attorney Fee Forfeiture, Nancy L. Sindell

Cardozo Law Review

No abstract provided.

Affirmative Action Defended, Laurence Thomas

Center for the Study of Ethics in Society Papers

This paper is based on a presentation made to the WMU Center for the Study of Ethics in Society October 14, 1987.

Selected Recent Ethics Opinions, Lynda L. Butler

Popular Media

No abstract provided.

The Noblesse Oblige Tradition In The Practice Of Law, David Luban

Vanderbilt Law Review

In 1905 Louis D. Brandeis delivered a talk entitled The Opportunity in the Law to the Harvard Ethical Society.' It was delivered as a pep talk, what Harvard Law Professor Duncan Kennedy, seventy-six years later, would refer to as "the old address to the troops." Brandeis hoped to rally law students to his vision of the moral possibilities of legal practice-specifically, the elite corporate legal practice into which Brandeis could assume his audience would enter. Brandeis was concerned that elite lawyers were becoming thralls of robber-baron capitalists, that they were ignoring the possibilities of law practice as a kind of …

Thoughts On Keeping My Mouth Shut, David H. Smith

Center for the Study of Ethics in Society Papers

This paper is based on a presentation made to the WMU Center for the Study of Ethics in Society, April 4, 1986.

Professional Responsibility Issues In Administrative Adjudication, L. Harold Levinson

Brigham Young University Journal of Public Law

No abstract provided.

Professional Responsibility Issues In Administrative Adjudication: A Colorado Perspective, Judith F. Schulman

Brigham Young University Journal of Public Law

No abstract provided.

Justice And Judges, Joseph L. Daly

BYU Law Review

No abstract provided.

Defensive Defense Lawyering Or Defending The Criminal Defense Lawyer From The Client, John Wesley Hall Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.

Risk Communication Law And Implementation Issues In The United States And European Community, Michael S. Baram

Faculty Scholarship

Risk communication has become an important element of public policy in the United States and the European Community (E.C.) for reducing technological risks to workers, product users and community residents. The risk communication process involves disclosure by an industrial firm (or other party) of information about the hazardous attributes of its activity or product to a regulatory agency or to persons who may be at risk, thereby facilitating a shared understanding of the risk and enabling interpretation of various risk prevention and response measures.

There are two general patterns of risk communication. One involves industrial disclosure to a government agency, …

Informed Consent In The Post-Modern Era, Wendy K. Mariner

Faculty Scholarship

The doctrine of informed consent' is intended to get physicians to talk to their patients so that patients can make reasonably knowledgeable choices about whether to undergo particular forms of medical care. Although the law has long prohibited treatment without the patient's consent,² physicians have resisted the idea that treatment decisions ultimately are for the patient to make. Only recently have physicians been willing to disclose information about the benefits and risks of recommended therapies. ³ Even with the best of intentions, however, the discussions that do take place are often far from the law's ideal of reasonable disclosure …

Duty To The Target: Is An Attorney's Duty To The Corporation A Paradigm For Directors?, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Teaching Professional Responsibility In Law School, Alvin Esau

Dalhousie Law Journal

After eight years of teaching a three-credit course on The Legal Profession and Professional Responsibility to second- and third-year law students, I am left with a sense of great dissatisfaction with the whole enterprise. So deep is my dissatisfaction that I am questioning whether to continue or move into a different course instead. This paper is an opportunity to take stock of my experience and attempt to map out the causes of my dissatisfaction, and to seek some vision, if possible, of what the course should be about, how to teach it, and why I should bother. To give the …

Monetary Sanctions Against Attorneys For Discovery Abuse In Federal Court: When Can They Be Appealed, Nancy E. Berman

Cardozo Law Review

No abstract provided.

Women In The Law School: It's Time For More Change, Karen Czapanskiy, Jana B. Singer

Faculty Scholarship

No abstract provided.

The Lawyer’S Duty To Report Another Lawyer’S Unethical Violations In The Wake Of Himmel, Ronald D. Rotunda

Law Faculty Articles and Research

No abstract provided.

Ethics In Academia, Diether H. Haenicke

Center for the Study of Ethics in Society Papers

This paper is based on a presentation made to the WMU Center for the Study of Ethics in Society, April 4, 1986.

The Duties Of Lawyers To One Another, Roger J. Miner '56

Lawyers and the Legal Profession

No abstract provided.

When Is An Attorney Unreasonable And Vexatious?

Washington and Lee Law Review

No abstract provided.

The Conflict Between A Doctor's Duty To Warn A Patient's Sexual Partner That The Patient Has Aids And A Doctor's Duty To Maintain Patient Confidentiality

Washington and Lee Law Review

No abstract provided.

The Federal Trade Commission's Evolving Deception Policy, Jack E. Karns

University of Richmond Law Review

The Federal Trade Commission (FTC) has regulated competitive business activities since its inception in 1915. Section 5 of the Federal Trade Commission Act (FTCA) empowers the Commission to enjoin certain unfair -and deceptive business practices. As is the case with other regulatory statutes, Congress chose not to define certain terms in the FTCA, such as "deceptive," leaving this task to the FTC and the federal courts. The result has been a steady flow of federal case law clarifying the definition of a deceptive business act or practice.

Excessive Fees And Attorney Discipline: The Committee On Legal Ethics V. Tatterson, Cassandra M. Neely

West Virginia Law Review

No abstract provided.

Ethical Discretion In Lawyering, William H. Simon

Faculty Scholarship

In this Article, Professor Simon argues that conventional approaches to legal ethics are too categorical. Rather than operating within a system of formalized ethical rules, he argues, lawyers should exercise judgment and discretion in deciding what clients to represent and how to represent them. In exercising this discretion, lawyers should seek to "do justice." They should consider the merits of the client's claims and goals relative to those of opposing parties and other potential clients. They should also consider the substantive merits of the client's claims and the reliability of the standard legal procedures for resolving the problem at hand. …

Judicial Discipline And Impeachment, John H. Garvey

Scholarly Articles

This symposium deals with the discipline and removal of Article III judges. In employing these measures we must heed two principles that are in tension with one another. The first is that judges must be honest. The second is that they must be independent. This second principle actually presupposes a third, about which I will say something before returning to the first two. The independence of federal judges is particularly important because they engage in the practice of judicial review

Securities Law Fifth Circuit Symposium, Steve Thel

Faculty Scholarship

The Fifth Circuit decided some important securities cases during the survey period and issued some interesting opinions. Although the court consistently claimed a conservative reliance on precedent and seldom acknowledged making new law, it interpreted some well-established doctrine in surprising ways. The past year's opinions in fraud cases provide guidance in the related areas of reliance, damages, and plaintiff's due diligence. The year also witnessed important developments in the law governing the relationship between brokerage firms and their clients. The most spectacular development in this area during the survey year was the October collapse in security prices. In light of …

Facilitative Ethics In Divorce Mediation: A Law And Process Approach, Steven H. Hobbs

University of Richmond Law Review

Mediation is becoming a vital part of family legal problem solving and is creating new challenges for the lawyer practicing in the family law setting. The American Bar Association, the Association of Family and Conciliation Courts and others recently have proposed standards of behavior for mediators where none have existed before. States also have attempted to define the appropriate realm of ethical practice for family mediation.

Moral Character: The Personal And The Political, Deborah L. Rhode

Loyola University Chicago Law Journal

No abstract provided.

Professional Responsibility, Michael Howlett, Shelley Dunck

Loyola University Chicago Law Journal

No abstract provided.