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Full-Text Articles in Law
Personal Integrity And The Conflict Between Ordinary And Institutional Values, W. Bradley Wendel
Personal Integrity And The Conflict Between Ordinary And Institutional Values, W. Bradley Wendel
Cornell Law Faculty Publications
Values, which give us reasons for acting in certain ways, may be properties of both natural, pre-institutional states of affairs and relations among persons, as well as states of affairs and relations among persons that are constituted and regulated by social and political institutions. We can call these ordinary moral values and institutional values, respectively. The fundamental issue in legal ethics is often represented as a conflict between ordinary moral values and institutional values. However, another conflict which has not been well explored in the legal ethics literature is between agent-neutral institutional values and agent-relative reasons that arise from the …
Valuing The Waiver: The Real Beauty Of Ex Ante Over Ex Post, Robert C. Hockett
Valuing The Waiver: The Real Beauty Of Ex Ante Over Ex Post, Robert C. Hockett
Cornell Law Faculty Publications
Irony abounds in connection with demands and proposals made, in the wake of the Enron, Worldcom, and other corporate scandals, that firms be required or encouraged to waive attorney-client privilege. Justice Department officials speak to the importance of "getting at the truth" as trumping firms' interest in confidential internal communications as a prerequisite to compliance with law. They do so notwithstanding their own contrary arguments made on behalf of the secretive Bush administration that employs them. Corporate officers, for their part, speak as though Ralph Nader were the Attorney General when they denounce waiver proposals. They do so notwithstanding the …