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Full-Text Articles in Law

Lawyers And Fundamental Moral Responsibility, Daniel Coquillette, R. Michael Cassidy, Judith Mcmorrow Oct 2011

Lawyers And Fundamental Moral Responsibility, Daniel Coquillette, R. Michael Cassidy, Judith Mcmorrow

Judith A. McMorrow

The materials in this book are organized around specific problems designed to encourage and focus class discussion. There are two other inherent organizing principles of the materials in this book. First, the philosophical materials are in the rough order in which the ideas themselves evolved in the history of philosophy. The materials have been revised since the book first was published in 1995 to address some of the burning ethical problems of our day, including terrorism, national security, and abuse of government power. The Second Edition also is reorganized to assist students to better appreciate philosophical theories underpinning discourse about …


Legal Ethics In China: Reflections On The Formation Of Professional Identity, Judith Mcmorrow Dec 2010

Legal Ethics In China: Reflections On The Formation Of Professional Identity, Judith Mcmorrow

Judith A. McMorrow

The Chinese legal profession has grown rapidly in the last 30 years. This talk discussed the challenge of creating norms of attorney conduct (legal ethics) in a fragile and young legal system. The second part of the talk used ongoing research on the formation of professional identity.


Capital Punishments And Religious Arguments: An Intermediate Approach, Samuel J. Levine Dec 2010

Capital Punishments And Religious Arguments: An Intermediate Approach, Samuel J. Levine

Samuel J. Levine

Determining the place and use of capital punishment in the American legal system is a challenging affair and one that is closely associated with and determined by religion's role in American legal decision-making. Both capital punishment and religion are controversial issues, and tend to challenge legal scholars and practitioners about whether they should function together or alone as valid parts of the legal system in the United States. Professor Levine argues that religious arguments should be employed to interpret and explain American legal thought when the need or proper situation arises. He uses capital punishment as an example of how …


Toward A Religious Minority Voice: A Look At Free Exercise Law Through A Religious Minority Perspective, Samuel J. Levine Dec 2010

Toward A Religious Minority Voice: A Look At Free Exercise Law Through A Religious Minority Perspective, Samuel J. Levine

Samuel J. Levine

Legal scholars have recently advanced theories emphasizing the importance of perspectives in the law. Perspective scholarship recognizes that laws are necessarily shaped by society's dominant forces, including its biases and preconceptions. Perspective scholars attempt to understand how these forces have shaped our laws, and they suggest changes to accommodate those affected by society's biases.

In this Article, Professor Levine introduces the concept of a religious minority perspective. He develops the concept of a religious minority perspective in the context of several, prominent Free Exercise cases. Professor Levine discusses these cases in his presentation of the central themes of a religious …


Lessons From China, Judith Mcmorrow Nov 2010

Lessons From China, Judith Mcmorrow

Judith A. McMorrow

No abstract provided.


The Changing Landscape Of Family Law: Exploring The Promises And Possibilities For Children’S Participation In Australian Family Relationship Centres, Anne Graham, Robyn Margaret Fitzgerald, Renata Phelps Oct 2010

The Changing Landscape Of Family Law: Exploring The Promises And Possibilities For Children’S Participation In Australian Family Relationship Centres, Anne Graham, Robyn Margaret Fitzgerald, Renata Phelps

Dr Renata Phelps

No abstract provided.


The Changing Landscape Of Family Law: Exploring The Promises And Possibilities For Children’S Participation In Australian Family Relationship Centres, Anne Graham, Robyn Margaret Fitzgerald, Renata Phelps Oct 2010

The Changing Landscape Of Family Law: Exploring The Promises And Possibilities For Children’S Participation In Australian Family Relationship Centres, Anne Graham, Robyn Margaret Fitzgerald, Renata Phelps

Professor Anne Graham

No abstract provided.


Plea Bargainng, Discovery, And Waivers, R. Michael Cassidy Sep 2010

Plea Bargainng, Discovery, And Waivers, R. Michael Cassidy

R. Michael Cassidy

No abstract provided.


The History Of Cambridge And Harvard University, Daniel Coquillette Sep 2010

The History Of Cambridge And Harvard University, Daniel Coquillette

Daniel R. Coquillette

A short history of the city of Cambridge and its relationship with Harvard University.


It's Not Funny: Creating A Professional Culture Of Pro Bono Commitment, Douglas L. Colbert Sep 2010

It's Not Funny: Creating A Professional Culture Of Pro Bono Commitment, Douglas L. Colbert

Douglas L. Colbert

Professor Colbert challenges the popular view that regards lawyers as selfish, greedy and uncaring to the legal needs of the outside community. In his article, he recognizes that the lawyers with whom he is familiar are fulfilling the lawyer’s ethical obligation of engaging in pro bono service and “provid[ing] legal services to those unable to pay,” while also embracing the language in the Preamble to the Model Rules of Professional Conduct that refers to the attorney “as a public citizen who has a special responsibility to the quality of justice.” Professor Colbert asks colleagues in the legal academy whether they …


Legal Ethics In China, Judith Mcmorrow Jun 2010

Legal Ethics In China, Judith Mcmorrow

Judith A. McMorrow

No abstract provided.


Procuring "Justice"?: Citizens United, Caperton V. Massey, And Partisan Judicial Elections, André Douglas Pond Cummings May 2010

Procuring "Justice"?: Citizens United, Caperton V. Massey, And Partisan Judicial Elections, André Douglas Pond Cummings

andré douglas pond cummings

In recent years, two inextricably connected issues have received a great deal of attention in both United States political discourse and in the legal academic literature. One issue of intense legal debate and frustration has been that of judicial recusal, including an examination of the appropriate standards that should necessarily apply to judges that seem conflicted or biased in their role as neutral arbiter. A second issue that has spawned heated commentary and great dispute over the past decade is that of campaign finance law, including examination of the role that powerful and wealthy benefactors play in American electioneering. Both …


Teaching Tomorrow’S Lawyers To Avoid Legal Malpractice, Susan Fortney Mar 2010

Teaching Tomorrow’S Lawyers To Avoid Legal Malpractice, Susan Fortney

Susan S. Fortney

No abstract provided.


Federal Hill Protest Targets Landlords, Donna M. Hughes Dr., Melanie Shapiro Esq Mar 2010

Federal Hill Protest Targets Landlords, Donna M. Hughes Dr., Melanie Shapiro Esq

Donna M. Hughes

Landlords who rent space to spa-brothels were the target of a protest on Atwells Avenue on Federal Hill in Providence on the evening of March 28th. About two dozen neighbors, friends, and anti-trafficking activists gathered to condemn landlords who rent to spa-brothels.


Leaks, Lies And The Moonlight: Associates’ Fiduciary Duties, Susan Fortney Jan 2010

Leaks, Lies And The Moonlight: Associates’ Fiduciary Duties, Susan Fortney

Susan S. Fortney

No abstract provided.


Portraits Of Resistance: Lawyer Responses To Unjust Proceedings, Alexandra Lahav Jan 2010

Portraits Of Resistance: Lawyer Responses To Unjust Proceedings, Alexandra Lahav

Alexandra D. Lahav

This Article considers a question rarely addressed: what is the role of the lawyer in a manifestly unjust procedural regime? Many excellent studies have considered the role of the judge in unjust regimes, but the lawyer’s role has been largely ignored. This Article draws on two case studies: that of lawyers representing civil rights leaders during protests in Birmingham, Alabama in 1963 and that of lawyers representing detainees facing military commission proceedings in Guantánamo Bay, Cuba. These portraits illuminate the role of the lawyer in a procedurally unjust tribunal operating within a larger liberal legal regime such as our own. …


Panelist, Developments In Criminal Procedure, R. Michael Cassidy Dec 2009

Panelist, Developments In Criminal Procedure, R. Michael Cassidy

R. Michael Cassidy

No abstract provided.


The Financial Action Task Force Guidance For Legal Professionals: Missed Opportunities To Level The Playing Field, Louise Hill Dec 2009

The Financial Action Task Force Guidance For Legal Professionals: Missed Opportunities To Level The Playing Field, Louise Hill

Louise L Hill

No abstract provided.


Lawyers And Fundamental Moral Responsibility, R. Michael Cassidy, Daniel Coquillette, Judith Mcmorrow Dec 2009

Lawyers And Fundamental Moral Responsibility, R. Michael Cassidy, Daniel Coquillette, Judith Mcmorrow

R. Michael Cassidy

The materials in this book are organized around specific problems designed to encourage and focus class discussion. There are two other inherent organizing principles of the materials in this book. First, the philosophical materials are in the rough order in which the ideas themselves evolved in the history of philosophy. The materials have been revised since the book first was published in 1995 to address some of the burning ethical problems of our day, including terrorism, national security, and abuse of government power. The Second Edition also is reorganized to assist students to better appreciate philosophical theories underpinning discourse about …


Lawyers And Fundamental Moral Responsibility, Daniel Coquillette, R. Michael Cassidy, Judith Mcmorrow Dec 2009

Lawyers And Fundamental Moral Responsibility, Daniel Coquillette, R. Michael Cassidy, Judith Mcmorrow

Daniel R. Coquillette

The materials in this book are organized around specific problems designed to encourage and focus class discussion. There are two other inherent organizing principles of the materials in this book. First, the philosophical materials are in the rough order in which the ideas themselves evolved in the history of philosophy. The materials have been revised since the book first was published in 1995 to address some of the burning ethical problems of our day, including terrorism, national security, and abuse of government power. The Second Edition also is reorganized to assist students to better appreciate philosophical theories underpinning discourse about …


Practical Reason And Subsidiarity: Response To Robert K. Vischer, Conscience And The Common Good, Michael Moreland Dec 2009

Practical Reason And Subsidiarity: Response To Robert K. Vischer, Conscience And The Common Good, Michael Moreland

Michael P. Moreland

No abstract provided.


Professionalism Videos, Mary Ann Robinson, Alison Kehner Dec 2009

Professionalism Videos, Mary Ann Robinson, Alison Kehner

Mary Ann Robinson

A series of short filmed vignettes to be used to teach law students about concepts of professionalism. They are intended to be used to help our students realize that their careers as lawyers commence in law school, and that they must begin to adopt and emulate standards of professionalism in law school that they will carry with them when they become legal professionals. Choices made now not only impact their professional reputations, but also establish patterns that can serve them for the better or for the worse in practice.


The Moral Responsibility Of The Corporate Lawyer, Judith A. Mcmorrow, Luke M. Scheuer Dec 2009

The Moral Responsibility Of The Corporate Lawyer, Judith A. Mcmorrow, Luke M. Scheuer

Judith A. McMorrow

Lawyers traditionally claim that they are not morally accountable for the goals or activities of their clients that are within the bounds of the law. This essay explores this concept of non-accountability in the context of corporate transactional representation. We argue that corporate lawyers, whose practice is forward looking, undertaken on behalf of corporate clients who have legally impaired ability to engage in independent moral reasoning, and who function in a world of relatively minimal legal oversight (i.e. whose work is furthest from the model of the adversary system) cannot persuasively claim that they are not morally responsible for the …


Emerging Technology And Client Confidentiality: How Changing Technology Brings Ethical Dilemmas, Louise L. Hill Dec 2009

Emerging Technology And Client Confidentiality: How Changing Technology Brings Ethical Dilemmas, Louise L. Hill

Louise L Hill

No abstract provided.


Winterthouhgts, Matilda Arvidsson Dec 2009

Winterthouhgts, Matilda Arvidsson

Matilda Arvidsson

No abstract provided.


My Doctor Made Me Crazy: Can A Medical Malpractice Plaintiff Allege Psychological Damages Without Making Credibility The Issue?, Brendan T. Beery Dec 2009

My Doctor Made Me Crazy: Can A Medical Malpractice Plaintiff Allege Psychological Damages Without Making Credibility The Issue?, Brendan T. Beery

Brendan T Beery

This article explores the issue of psychological damages and challenges the pervasive notion among defense lawyers in medical malpractice cases that medical and psychological evidence obtained in discovery can be used to embarrass a medical malpractice plaintiff in front of a jury.


Anatomy Of The First Public International Sports Arbitration And The Future Of Public Arbitration After Usada V. Floyd Landis, Maureen A. Weston Prof. Dec 2009

Anatomy Of The First Public International Sports Arbitration And The Future Of Public Arbitration After Usada V. Floyd Landis, Maureen A. Weston Prof.

Maureen A Weston

Mere weeks after American professional cyclist Floyd Landis seemingly won the 2006 Tour de France, the United States Anti-Doping Association (USADA), under the authority granted to it by the U.S. Congress, and through its enforcement of the World Anti-Doping Code (WADC), accused him of having committed doping violations during the race. Landis vehemently denied these allegations, and accused the French laboratory that had performed the testing of his post-race samples, the Laboratoire National du Depistage du Dopage (LNDD), of bias and misconduct in his case.

Under USADA rules, an American athlete accused of doping may request an arbitration hearing before …


The Other Avenues Of Hall Street And Prospects For Judicial Review Of Arbitral Awards, Maureen A. Weston Prof. Dec 2009

The Other Avenues Of Hall Street And Prospects For Judicial Review Of Arbitral Awards, Maureen A. Weston Prof.

Maureen A Weston

In Hall Street Associates, L.L.C. v. Mattel, Inc., the U.S. Supreme Court held that the Federal Arbitration Act (FAA) provided the exclusive grounds for judicial vacatur and modification of arbitral awards covered under the Act. In so ruling, the Court rejected the contention that the FAA’s requirement to enforce arbitration contracts as written includes private contracts that seek to expand the scope of judicial review beyond the grounds enumerated in the FAA. Despite holding that parties cannot expand a court’s power to review an arbitration award under the FAA, the Court alluded to the possibility of “other possible avenues” for …


Impact Of The Australia-Us Free Trade Agreement On Australian Medicines Regulation And Prices, Thomas A. Faunce, James Bai, Duy Nguyen Dec 2009

Impact Of The Australia-Us Free Trade Agreement On Australian Medicines Regulation And Prices, Thomas A. Faunce, James Bai, Duy Nguyen

Thomas A Faunce

The Australia – United States Free Trade Agreement (AUSFTA) came into force on 1 January 2005. Before and subsequently to the AUSFTA being concluded, controversy surrounded the debate over its impact on Australia ’ s health policy, specifically on regulation of pharmaceutical patents and Australia ’ s cost-effectiveness system relating to prescription medicine prices known as the Pharmaceutical Benefits Scheme (PBS). This article examines the expectations of both parties in the pharmaceutical sector with regard to the AUSFTA, as well as how successfully they were achieved. It seeks to analyse important relevant outcomes for regulators, the public and pharmaceutical industry, …


Nanotechnology And The International Law Of Weaponry: Towards International Regulation Of Nano-Weapons., Thomas A. Faunce, Hitoshi Nasu Dec 2009

Nanotechnology And The International Law Of Weaponry: Towards International Regulation Of Nano-Weapons., Thomas A. Faunce, Hitoshi Nasu

Thomas A Faunce

The development of nanotechnology for military application is an emerging area of research and development, the pace and extent of which has not been fully anticipated by international legal regulation. Nano-weapons are referred to here as objects and devices using nanotechnology or causing effects in nano-scale that are designed or used for harming humans. Such weapons, despite their controversial human and environmental toxicity, are not comprehensively covered by specific, targeted regulation under international law. This article critically examines current international humanitarian law and arms control law regimes to determine whether significant gaps exist in the regulation of nanotechnology focused on …