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.

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.

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.

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.

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.

Learning The Law Of Lawyering, Ronald D. Rotunda

Law Faculty News Articles, Editorials, and Blogs

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.

The Right To Counsel Under Attack, David Rudovsky

All Faculty Scholarship

No abstract provided.

Professional Responsibility, Clark D. Cunningham

Faculty Publications By Year

No abstract provided.

The Prosecutor's Obligation To Grant Defense Witness Immunity, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The author enumerates the three most common situations in which the courts have required the prosecutor to offer immunity to defense witnesses: (1) to safeguard the defendant's right to essential exculpatory testimony; (2) where the use of the prosecutor's powers to grant immunity causes such distortion in the fact-finding process as to require granting immunity to defense witnesses; and (3) where immunity is required to remedy prosecutory misconduct such as the intimidation of witnesses. The use of the "missing witness" instruction to avoid reaching the constitutional issue is also discussed.

Unique, Novel, And Unsound Adversary Ethic, Thomas L. Shaffer

Journal Articles

The dominant ethic in the American legal profession in 1988 is the adversary ethic. The adversary ethic, in the words of the late Justice Abe Fortas, claims that "[l]awyers are agents, not principals; and they should neither criticize nor tolerate criticism based upon the character of the client whom they represent or the cause that they prosecute or defend. They cannot and should not accept responsibility for the client's practices." This ethic is the principal—and often the only—reference point in professional discussions. Although it is embedded in our professional codes, our cases, and our law offices, this Article argues that …

Comments On Professor Rotunda's Essay, Richard H. Underwood

Law Faculty Scholarly Articles

In this comment, Professor Richard H. Underwood provides a response to An Essay on the Constitutional Parameters of Federal Impeachment, by Professor Ronald D. Rotunda. Rotunda’s essay was published in the Kentucky Law Journal, Vol. 76, No. 3, pp. 707-732.

Legal Malpractice, Professional Discipline, And Representation Of The Indigent Defendant, Richard Klein

Scholarly Works

No abstract provided.

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 …

The Legal Ethics Of Belonging, Thomas L. Shaffer

Journal Articles

Socrates went around Athens telling law teachers and law students that their highest concern should be to be good people. And, he said, the next and consequent concern of the profession should be to show the citizens of Athens how to be good people. For Socrates, as for virtually all of classical moral philosophy and much of Jewish and Christian moral theology, ethical discussion is discussion about the good person. When we talk about Aristotle's man of practical wisdom, or when we talk about heroes, saints, role models, paragons, or professional examplars, it is the good person we are talking …

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. …