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Articles 1 - 4 of 4
Full-Text Articles in Law
Patient Racial Preferences And The Medical Culture Of Accommodation, Kimani Paul-Emile
Patient Racial Preferences And The Medical Culture Of Accommodation, Kimani Paul-Emile
Faculty Scholarship
One of medicine’s open secrets is that patients routinely refuse or demand medical treatment based on the assigned physician’s racial identity, and hospitals typically yield to patients’ racial preferences. This widely practiced, if rarely acknowledged, phenomenon — about which there is new empirical evidence — poses a fundamental dilemma for law, medicine, and ethics. It also raises difficult questions about how we should think about race, health, and individual autonomy in this context. Informed consent rules and common law battery dictate that a competent patient has an almost-unqualified right to refuse medical care, including treatment provided by an unwanted physician. …
Prosecutors And Professional Regulation, Bruce A. Green
Prosecutors And Professional Regulation, Bruce A. Green
Faculty Scholarship
Prosecutors often express mistrust of professional regulators, their rules and their processes. This may have been more understandable twenty years ago, when prosecutors perceived that the organized bar had been captured by defense lawyers seeking to use professional regulation as a means of imposing limits on criminal investigative authority that the law did not otherwise recognize. Although that criticism no longer has much basis in reality, it has persisted in the rhetoric prosecutors employ in advocacy regarding their professional conduct. This article explores prosecutors’ public attitude toward professional regulation, beginning with a brief account of their responses two decades ago, …
Rethinking Lawyer Regulation: How A Relational Approach Would Improve Professional Rules And Roles, Russell G. Pearce, Eli G. Wald
Rethinking Lawyer Regulation: How A Relational Approach Would Improve Professional Rules And Roles, Russell G. Pearce, Eli G. Wald
Faculty Scholarship
This Article offers both a way to understand emerging developments in the regulation of the legal profession in the United States and internationally, and an explanation for why these developments grounded in a relational perspective on lawyers and their work are likely to be more effective in encouraging lawyers to follow the legal ethics rules and to fulfill professional aspirations. The dominant United States approach to lawyer regulation is the command and control model that penalizes lawyers for failing to follow a lengthy set of prescribed rules. As the article explains, this approach assumes – and reinforces the idea – …
Making Good Lawyers, Eli Wald, Russell G. Pearce
Making Good Lawyers, Eli Wald, Russell G. Pearce
Faculty Scholarship
Today, the criticism of law schools has become an industry. Detractors argue that legal education fails to effectively prepare students for the practice of law, that it is too theoretical and detached from the profession, that it dehumanizes and alienates students, too expensive and inapt in helping students develop a sense of professional identity, professional values, and professionalism. In this sea of criticisms it is hard to see the forest from the trees. “There is so much wrong with legal education today,” writes one commentator, “that it is hard to know where to begin.” This article argues that any reform …