Law Commons^™

Does Information And Agreement Equal Informed Consent?, Carl E. Schneider, Michael H. Farrell

Law Quadrangle (formerly Law Quad Notes)

The following essay is based on a talk delivered last summer in England and on the chapter "Information, Decisions, and the Limits of Informed Consent," in (Michael Freeman and Andrew D. E. Lewis, eds.) Law and Medicine: Current Legal Issues 2000, Volume 3 (Oxford University Press, 2000). This version appears with permission of the publisher.

For many years, a principal labor of bioethics has been to find a way of confiding medical decisions to patients and not to doctors. The foremost mechanism for doing so has been the doctrine of informed consent. Anxious as bioethicists and courts have been to …

Fit And Functional In Legal Ethics: Developing A Code Of Conduct For International Arbitration, Catherine A. Rogers

Michigan Journal of International Law

In this Article, the author develops a methodology for prescribing the normative content of a code of ethics for international arbitration, and in a forthcoming companion article, integrated mechanisms for making those norms both binding and enforceable are proposed. In making these proposals, the author rejects the classical conception of legal ethics as a purely deontological product derived from first principles. This Article argues, instead, that ethics derive from the inter-relational functional role of advocates in an adjudicatory system, and that ethical regulation must correlate with the structural operations of the system. The fit between ethics and function, the author …

No Black Names On The Letterhead? Efficient Discrimination And The South African Legal Profession, Lisa R. Pruitt

Michigan Journal of International Law

Although there have long been black lawyers in South Africa, during apartheid only a handful joined the ranks of the country's large commercial firms. Now, in the post-apartheid period, these firms are keenly aware of a range of economic and political incentives to hire black attorneys, and most are doing so at a record pace. Very few black attorneys, however, are enduring the path to partnership in these firms. Based on more than seventy-five interviews conducted in South Africa in 1999 and 2000, this Article both documents and critically examines the reasons for black attrition. While firms' incentives to integrate …