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Full-Text Articles in Law
Are Agreements To Keep Secret Information In Discovery Legal, Illegal Or Something In Between?, Susan P. Koniak
Are Agreements To Keep Secret Information In Discovery Legal, Illegal Or Something In Between?, Susan P. Koniak
Faculty Scholarship
For at least eight years before the public and government authorities learned of the apparently dangerous combination of Ford Explorer sport utility vehicles ("SUVs") and their Bridgestone/Firestone brand of tires, Firestone had been settling lawsuits involving injuries and deaths caused by their tires failing on Ford SUVs. These settlements included terms requiring the plaintiffs and their lawyers to keep quiet about the settlements and about information learned through discovery, including information that might have alerted the public or the government to just how unsafe the Explorer/Firestone combination actually was. In some cases, these secrecy provisions were reinforced by court protective …
Unconscionable Lawyers, Paul D. Carrington
Legal Ethics Must Be The Heart Of The Law School Curriculum Symposium: Recommitting To Teaching Legal Ethics- Shaping Our Teaching In A Changing World, Russell G. Pearce
Legal Ethics Must Be The Heart Of The Law School Curriculum Symposium: Recommitting To Teaching Legal Ethics- Shaping Our Teaching In A Changing World, Russell G. Pearce
Faculty Scholarship
Despite what seems to be far greater attention paid to the teaching of legal ethics than to any other law school subject, legal ethics remains no better than a second class subject in the eyes of students and faculty. This essay suggests that all efforts at innovation in legal ethics teaching are doomed to a marginal impact at best. Only recognition that legal ethics is the most important subject in the law school curriculum will lead to real and significant changes in the teaching of legal ethics. If the commitment of the legal profession and of legal academia to producing …
Is Tom Shaffer A Covenantal Lawyer?, Marie Failinger
Is Tom Shaffer A Covenantal Lawyer?, Marie Failinger
Faculty Scholarship
In this festschrift article in honor of Tom Shaffer, the author considers what Shaffer’s work may share with “covenantal” ethics, a form of ethical argument that is not interchangeable with other traditions familiar from Shaffer’s body of work, such as the ethics of friendship or care or the ethics of virtue. Describing the ancient understanding of covenants, the article explores a few of the complexities arising from covenantal ethics in a professional context, themes such as the creation of obligation by historical decision, which has implications for the treatment of strangers; the ambivalence of covenantal ethics on the value of …