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Full-Text Articles in Law
Through The Looking Glass Of Ethics And The Wrong With Rights We Find There, Susan P. Koniak
Through The Looking Glass Of Ethics And The Wrong With Rights We Find There, Susan P. Koniak
Faculty Scholarship
An ethic that imposes strong obligations to protect those who are most powerful and capable of protecting themselves and weak obligations to protect the powerless and most vulnerable is wrong. I take it this first proposition is self-evident, at least for those of us who still feel comfortable speaking of right and wrong. For those more comfortable speaking of "efficiency" and "inefficiency," the inefficiency of such an ethical system should similarly be self-evident.
Review Of "Constitutional Torts" By Sheldon H. Nahmod, Michael L. Wells, Thomas A. Eaton, Jack M. Beermann
Review Of "Constitutional Torts" By Sheldon H. Nahmod, Michael L. Wells, Thomas A. Eaton, Jack M. Beermann
Faculty Scholarship
The most interesting issues in the field of constitutional torts, involving the legal and moral bases for the government's responsibility for injuries it causes, are the most difficult ones for lawyers to explore. The question whether, as a moral or social policy matter, governments and government officials should enjoy immunities or other defenses not available to private individuals is rarely confronted directly in judicial opinions or in scholarship on constitutional torts, yet it lurks behind many of the doctrinal issues that come up in constitutional tort litigation.1 A slight scratch on the surface of doctrines as disparate as official …
Paying Attention To The Signs, Susan P. Koniak, Geoffrey C. Hazard
Paying Attention To The Signs, Susan P. Koniak, Geoffrey C. Hazard
Faculty Scholarship
After all our efforts and all Keck's money, where are we? Some good has been accomplished. By committing its resources to the study of legal ethics, the W.M. Keck Foundation has encouraged law schools to pay attention to a subject all too often ignored. That itself is good. The money has made things happen. Schools have held conferences devoted to legal ethics that otherwise would not have been held;1 schools have experimented with teaching programs in legal ethics that otherwise might have been left untried;' members of the practicing bar have had conversations and debates with academics about the …