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Full-Text Articles in Law
Strategic Default: The Popularization Of A Debate Among Contract Scholars, Meredith R. Miller
Strategic Default: The Popularization Of A Debate Among Contract Scholars, Meredith R. Miller
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A June 2010 report estimates that roughly 20% of mortgage defaults in the first half of 2009 were “strategic.” “Strategic default” describes the situation where a home borrower has the financial ability to continue to pay her mortgage but chooses not to pay and walks away. The ubiquity of strategic default has lead to innumerable newspaper articles, blog posts, website comments and editorial musings on the morality of homeowners who can afford to pay but choose, instead, to walk away. This Article centers on the current public discourse concerning strategic default, which mirrors a continuing debate among scholars regarding whether …
Engaged Client-Centered Representation And The Moral Foundations Of The Lawyer-Client Relationship, Katherine R. Kruse
Engaged Client-Centered Representation And The Moral Foundations Of The Lawyer-Client Relationship, Katherine R. Kruse
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The field of legal ethics, as we know it today, has grown out of thoughtful, systematic grounding of lawyers’ duties in a comprehensive understanding of lawyers’ roles and the situating of lawyers’ roles in underlying theories of law, morality, and justice. Unfortunately, in the process, the field of theoretical legal ethics has mostly lost track of the thing that Freedman insisted was at the heart of a lawyers’ role: the integrity of the lawyer-client relationship. As I will discuss, the field of theoretical legal ethics has developed in ways that are deeply lawyer-centered rather than fundamentally client-centered. I am going …
Jewish Law From Out Of The Depths: Tragic Choices In The Holocaust, Samuel J. Levine
Jewish Law From Out Of The Depths: Tragic Choices In The Holocaust, Samuel J. Levine
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No abstract provided.
Philosophical Legal Ethics: Ethics, Morals, And Jurisprudence, Katherine R. Kruse
Philosophical Legal Ethics: Ethics, Morals, And Jurisprudence, Katherine R. Kruse
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The authors and moderator David Luban participated in a plenary session of the International Legal Ethics Conference IV, held at Stanford. Each author answered and discussed questions arising from short papers they had written about the principal concern of legal ethics was the morality of lawyers, the morality of clients, or the morality of laws.
Why Not A Justice School? On The Role Of Justice In Legal Education And The Construction Of A Pedagogy Of Justice, Peter L. Davis
Why Not A Justice School? On The Role Of Justice In Legal Education And The Construction Of A Pedagogy Of Justice, Peter L. Davis
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Why are law schools not named schools of justice, or, at least, schools of law and justice? Of course, virtually every law school will reply that this is nit-picking; all claim to be devoted to the study of justice. But our concern is not so easily dismissed. The names of institutions carry great significance; they deliver a political, social, or economic message. . . This Article contends that not only do law schools virtually ignore justice – a concept that is supposed to be the goal of all legal systems – they go so far as to denigrate it and …
Harry Potter & The Law: Family Life And Moral Character, James C. Smith
Harry Potter & The Law: Family Life And Moral Character, James C. Smith
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Harry Potter's mistreatment by his Muggle family does not amount to a legal wrong. Notice that Dumbledore did not threaten the Dursleys with legal proceedings, either in Muggle or Wizard tribunals. The ethic of equitable treatment is societal and lacks a legal basis in Anglo-American family law. Family law has many facets; it is an amalgam of legal rules and principles. My focus is the lens of property law -- in particular, family property norms -- although it is also plain that the Dursleys have not violated non-property based family law norms.
Book Review: "Jewish Biomedical Law: Legal And Extra-Legal Dimensions", Stacey A. Tovino
Book Review: "Jewish Biomedical Law: Legal And Extra-Legal Dimensions", Stacey A. Tovino
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Three extra-legal themes—the influence of morality upon Jewish law (halakhah), the growing awareness and implementation of the value of patient autonomy, and the role of scientific progress in the shaping of halakhic decisions—distinguish Daniel Sinclair’s work from other sin the field of Jewish biomedical law. Students and lawyers new to Jewish biomedical law may struggle with Sinclair’s decision to reserve until the final chapter his theories regarding how biomedical halakhah works. However, advanced students and scholars in the field will appreciate the opportunity to understand Sinclair’s three extra-legal themes in context and his decision to root his final …
Dedication For Justice Hans Linde: A Modest Relativism, Leslie C. Griffin
Dedication For Justice Hans Linde: A Modest Relativism, Leslie C. Griffin
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No abstract provided.
The Lawyer's Dirty Hands, Leslie C. Griffin
Honoring The Law In Communities Of Force: Wildman And Terrell's Teleology Of Practice, Linda H. Edwards, Jack L. Simmons
Honoring The Law In Communities Of Force: Wildman And Terrell's Teleology Of Practice, Linda H. Edwards, Jack L. Simmons
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When King & Spalding publicly reflects upon itself, through its Managing Partner and its Director of Professional Development, it has improved our profession. All of us profit when a powerful law firm searches for itself. But reflection alone, as Terrell and Wildman know, does not improve the professionalism or the morality of our practice. In order for reflection to work this way it must be based upon a good teleology. Terrell and Wildman offer a teleology of practice in which lawyers are to become people who honor the law. This is justified, they tell us, because the law alone holds …
Reflections On Identity, Diversity And Morality, Deborah W. Post
Reflections On Identity, Diversity And Morality, Deborah W. Post
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The author reflects over events in her life that helped her define herself and her ethical identity, a black woman teacher.