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Brian K. Pinaire

Selected Works

Professional Ethics

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Full-Text Articles in Law

Philadelphia Lawyers: Policing The Law In Pennsylvania, Brian K. Pinaire, Milton Heumann, Christian Scarlett Mar 2011

Philadelphia Lawyers: Policing The Law In Pennsylvania, Brian K. Pinaire, Milton Heumann, Christian Scarlett

Brian K. Pinaire

Unlike other professions within the Commonwealth, Pennsylvania attorneys “police” themselves, meaning that ethical infractions and ramifications of criminal convictions are addressed not by the government, but rather by disciplinary entities within the profession. Recent socio-legal and social science research has addressed the various statutory “collateral consequences” that attach to criminal convictions, but we know comparatively little about consequential discipline instituted outside the purview of the state. Based on an examination of 419 disciplinary dispositions from 2005-2009, as well as interviews with elites, this study provides the first-ever examination of the process and legal-political implications of peer-policing of the law in …


Bad Medicine, Brian K. Pinaire, Milton Heumann, Simon Burger Feb 2009

Bad Medicine, Brian K. Pinaire, Milton Heumann, Simon Burger

Brian K. Pinaire

This article provides the first-ever examination of the collateral consequences of felony convictions for physicians in the state of New York. We collected data from 4,739 records of disciplinary actions from 1990 2007 and coded them according to the infraction and the punishment given by the Board of Physician Medical Conduct, or BPMC. We also conducted extensive interviews with elites involved in all facets—and on both sides—of the disciplinary process. Four major findings flow from this research: (1) Of all the disciplinary records in New York, 50% of infractions were felonies and 50% were non-felonies, generally professional infractions; (2) Physicians …