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Full-Text Articles in Law

Religious Values, Legal Ethics, And Poverty Law: A Response To Thomas Shaffer, Stephen Wizner Jan 2003

Religious Values, Legal Ethics, And Poverty Law: A Response To Thomas Shaffer, Stephen Wizner

Fordham Urban Law Journal

Stephen Wizner provides a response to Thomas Shaffer's article on his pursuit of social justice through using religious figures as role models. Wizner argues that Shaffer is clearly right in asserting that there is much in the prophetic literature, and, indeed, in the entire Hebrew Bible and the New Testament, that could serve as a moral impetus for social justice lawyering. One can find considerable support for Shaffer's religious thesis in the texts that he cites, and in the words of the prophets he looks to as role models. Nevertheless, Wizner presents a skeptical response to Professor Shaffer's thoughtful essay. …


Why We Need The Independent Sector: The Behavior, Law, And Ethics Of Not-For-Profit Hospitals, Jill R. Horwitz Jan 2003

Why We Need The Independent Sector: The Behavior, Law, And Ethics Of Not-For-Profit Hospitals, Jill R. Horwitz

Articles

Among the major forms of corporate ownership, the not-for-profit ownership form is distinct in its behavior, legal constraints, and moral obligations. A new empirical analysis of the American hospital industry, using eleven years of data for all urban general hospitals in the country, shows that corporate form accounts for large differences in the provision of specific medical services. Not-for-profit hospitals systematically provide both private and public goods that are in the public interest, and that other forms fail to provide. Two hypotheses are proposed to account for the findings, one legal and one moral. While no causal claims are made, …