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Full-Text Articles in Law

The Obligation Of Legal Aid Lawyers To Champion Practice By Nonlawyers, Deborah J. Cantrell Jan 2004

The Obligation Of Legal Aid Lawyers To Champion Practice By Nonlawyers, Deborah J. Cantrell

Articles

No abstract provided.


Spinoza's Dialectic And The Paradoxes Of Tolerance: A Foundation For Pluralism, Michel Rosenfeld Jan 2003

Spinoza's Dialectic And The Paradoxes Of Tolerance: A Foundation For Pluralism, Michel Rosenfeld

Articles

Tolerance and pluralism seem to draw on the same criterion of legitimacy. The liberal case for tolerance, however, leads to a series of paradoxes, including Popper's paradox of tolerance according to which tolerating theintolerant is self-defeating. Spinoza's defense of tolerance as it emergesfrom his Theological-Political Treatise and his Ethics is more pervasive and much more encompasssing than the liberal justification. Spinoza justifies tolerance as a private and public virtue as well as on prudential grounds. Although Spinoza's conception of tolerance appears in significant respects paradoxical and contradictory - e.g., it is puzzling why Spinoza, the philosopher of ...


Retrying Race, Anthony V. Alfieri Jan 2003

Retrying Race, Anthony V. Alfieri

Articles

No abstract provided.


Habermas@Discourse.Net: Toward A Critical Theory Of Cyberspace, A. Michael Froomkin Jan 2003

Habermas@Discourse.Net: Toward A Critical Theory Of Cyberspace, A. Michael Froomkin

Articles

No abstract provided.


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 ...


How To Be A Moorean, Donald H. Regan Jan 2003

How To Be A Moorean, Donald H. Regan

Articles

G. E. Moore’s position in the moral philosophy canon is paradoxical. On the one hand, he is widely regarded as the most influential moral philosopher of the twentieth century. On the other hand, his most characteristic doctrines are now more often ridiculed than defended or even discussed seriously. I shall discuss briefly a number of Moorean topics—the nonnaturalness of “good,” the open question argument, the relation of the right and the good, whether fundamental value is intrinsic, and the role of beauty—hoping to explain how a philosophically informed person could actually be a Moorean even today.1


Contractarian Economics And Mediation Ethics: The Case For Customizing Neutrality Through Contingent Fee Mediation, Scott R. Peppet Jan 2003

Contractarian Economics And Mediation Ethics: The Case For Customizing Neutrality Through Contingent Fee Mediation, Scott R. Peppet

Articles

No abstract provided.


An Essay On The Professional Responsibility Of Affirmative Action In Higher Education, Emily Calhoun Jan 2002

An Essay On The Professional Responsibility Of Affirmative Action In Higher Education, Emily Calhoun

Articles

No abstract provided.


Community Prosecutors, Anthony V. Alfieri Jan 2002

Community Prosecutors, Anthony V. Alfieri

Articles

No abstract provided.


The Value Of Rational Nature, Donald H. Regan Jan 2002

The Value Of Rational Nature, Donald H. Regan

Articles

Kant tells us in the Groundwork of the Metaphysics of Morals that rational nature is an end in itself; that it is the only thing which is unconditionally valuable; and that it is the ultimate condition of all value.1 A striking trend in recent Kant scholarship is to regard these value claims, rather than the formalism of universalizability, as the ultimate foundation of Kant’s theory.2 But does rational nature as Kant conceives it deserve such veneration? Can it really carry the world of value on its shoulders? I think not. As will become clear, I do not ...


Ethics, Race, And Reform, Anthony V. Alfieri Jan 2002

Ethics, Race, And Reform, Anthony V. Alfieri

Articles

No abstract provided.


Can Saints Negotiate? A Brief Introduction To The Problems Of Perfect Ethics In Bargaining, Scott R. Peppet Jan 2002

Can Saints Negotiate? A Brief Introduction To The Problems Of Perfect Ethics In Bargaining, Scott R. Peppet

Articles

No abstract provided.


Race Prosecutors, Race Defenders, Anthony V. Alfieri Jan 2001

Race Prosecutors, Race Defenders, Anthony V. Alfieri

Articles

No abstract provided.


Uni-State Lawyers And Multinational Practice: Dealing With International, Transnational, And Foreign Law, Ronald A. Brand Jan 2001

Uni-State Lawyers And Multinational Practice: Dealing With International, Transnational, And Foreign Law, Ronald A. Brand

Articles

This article addresses how a lawyer may ethically engage in a transnational practice given the current structure of state-by-state bar admission. Part II examines the ethical pitfalls of a transnational practice, including an examination of applicable APA Model Rules of Professional Conduct. This section also addresses different tests for determining whether a lawyer has committed the unauthorized practice of law. Part III makes use of examples to illustrate the legal framework for determining whether a lawyer has committed the unauthorized practice of law. In Part IV, the author concludes by making suggestions for how to better address the ethical dilemma ...


(Er)Race-Ing An Ethic Of Justice, Anthony V. Alfieri Jan 1999

(Er)Race-Ing An Ethic Of Justice, Anthony V. Alfieri

Articles

No abstract provided.


Prosecuting Race, Anthony V. Alfieri Jan 1999

Prosecuting Race, Anthony V. Alfieri

Articles

Theoreticians and practitioners in the American criminal justice system increasingly debate the role of racial identity, racialized narratives, and race-neutral representation in law, lawyering, and ethics.

This debate holds special bearing on the growing prosecution and defense of acts of racially motivated violence. In this continuing investigation of the prosecution and defense of such violence, Professor Alfieri examines the recent federal prosecution of five white New York City police officers charged with assaulting Abner Louima, a young male Haitian immigrant, in 1997. Professor Alfieri presents a race conscious, community-oriented model of prosecutorial discretion guided by constitutional precepts, citizenship ideals, professionalism ...


Hard Cases, Carl E. Schneider Mar 1998

Hard Cases, Carl E. Schneider

Articles

Robert Latimer was born in 1953 on a farm on the prairies of Saskatchewan and grew up to own a 1,280-acre farm. In 1980 he married, and that year Tracy, the first of four children, was born. During her birth, Tracy's brain was terribly damaged by lack of oxygen, and severe cerebral palsy ensued. By 1993 Tracy could laugh, smile, and cry, and she could recognize her parents and her siblings. But she could not understand her own name or even simple words like "yes" and "no." She could not swallow well and would so often vomit her ...


Capital Jury And Absolution: The Intersection Of Trial Strategy Remorse And The Death Penalty, Scott E. Sundby Jan 1998

Capital Jury And Absolution: The Intersection Of Trial Strategy Remorse And The Death Penalty, Scott E. Sundby

Articles

No abstract provided.


Race Trials, Anthony V. Alfieri Jan 1998

Race Trials, Anthony V. Alfieri

Articles

No abstract provided.


Publicity In High Profile Criminal Cases, H. Patrick Furman Jan 1998

Publicity In High Profile Criminal Cases, H. Patrick Furman

Articles

No abstract provided.


The Ethics Of Genetic Research On Sexual Orientation, Udo Schuklenk,, Edward Stein, Jacinta Kerin, William Byne Jan 1997

The Ethics Of Genetic Research On Sexual Orientation, Udo Schuklenk,, Edward Stein, Jacinta Kerin, William Byne

Articles

No abstract provided.


Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri Jan 1997

Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri

Articles

No abstract provided.


What About The Children? Are Family Lawyers The Same (Ethically) As Criminal Lawyers? A Morality Play, Robert H. Aronson Jan 1996

What About The Children? Are Family Lawyers The Same (Ethically) As Criminal Lawyers? A Morality Play, Robert H. Aronson

Articles

A fictional account of a lawyer, representing a woman in a divorce case, who learns from her client that her live-in boyfriend has hit her and her five-year-old daughter. Is her ethical duty to protect the child greater than her responsibility to maintain the attorney-client privilege. She discusses the matter with two evidence professors in search of a solution.


Race-Ing Legal Ethics, Anthony V. Alfieri Jan 1996

Race-Ing Legal Ethics, Anthony V. Alfieri

Articles

No abstract provided.


Global Warming: Integrating United States And International Law, Lakshman D. Guruswamy Jan 1990

Global Warming: Integrating United States And International Law, Lakshman D. Guruswamy

Articles

No abstract provided.


Authority And Value: Reflections On Raz's Morality Of Freedom, Donald H. Regan Jan 1989

Authority And Value: Reflections On Raz's Morality Of Freedom, Donald H. Regan

Articles

Joseph Raz's The Morality of Freedom1 is full of subtle, original, and thought provoking arguments. It also manifests abundantly Raz's philosophical good sense and sensitivity to the complexities of the moral life. These are reasons enough to class it with the handful of genuinely important books whose appearance in the last two decades has constituted a renaissance in political philosophy. But in my opinion, Raz has another, and even stronger claim on our attention: He comes closer to the truth about political morality than anyone has for nearly a century. (Possibly much longer, but we need not attempt ...


Law's Halo, Donald H. Regan Jan 1986

Law's Halo, Donald H. Regan

Articles

Like many people these days, I believe there is no general moral obligation to obey the law. I shall explain why there is no such moral obligation - and I shall clarify what I mean when I say there is no moral obligation to obey the law - as we proceed. But also like many people, I am unhappy with a position that would say there was no moral obligation to obey the law and then say no more about the law's moral significance. In our thinking about law in a reasonably just society, we have a strong inclination to invest ...


On Preferences And Promises: A Response To Harsanyi, Donald H. Regan Jan 1985

On Preferences And Promises: A Response To Harsanyi, Donald H. Regan

Articles

John C. Harsanyi sketches an entire normative and metaethical theory in under twenty pages. Combining breadth and brevity, his essay is useful and interesting. It reveals the interrelations between Harsanyi's positions on various issues as no longer work or series of articles could do. But by virtue of its programmatic nature, the essay creates a dilemma for a commentator, at least for one who finds many things to disagree with. If I responded to Harsanyi in the same sweeping terms in which he argues, we would end up with little more than opposing assertions. At the other extreme, I ...


The Ethics Of Argument: Plato's Gorgias And The Modern Lawyer, James Boyd White Jan 1983

The Ethics Of Argument: Plato's Gorgias And The Modern Lawyer, James Boyd White

Articles

In what follows I shall analyze Plato's text and do my best to suggest a response to it. But I should say at the outset that for the modern lawyer and law teacher this is not merely an academic exercise, for we in fact are rhetoricians very much as Plato defines them. What is at stake for us in reading this dialogue is what it means to have devoted ourselves to the set of social and intellectual practices that define the profession of law. We have a special relation to this text, for we can in the full Platonic ...


Professional Responsibility: Education And Enforcement, Robert H. Aronson Jan 1976

Professional Responsibility: Education And Enforcement, Robert H. Aronson

Articles

The fallout from the Watergate scandals has had a profound effect upon the legal profession because many of the prominent offenders were attorneys. The severity of the conduct involved and the suspicion that the activities publicized represent merely the tip of the iceberg have caused the American Bar Association, state and local bar committees, and law schools to seek new ways of educating prospective lawyers with respect to their ethical duties, and to seek more effective sanctions against ethically deficient attorneys. It is ironic, however, that increased awareness and activity in the area of legal ethics should be motivated by ...