Law Commons^™

Mid-Atlantic Ethics Committee Newsletter, Fall-Winter 2001

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Traits And Tools For Ethical Environmental Advocates In Florida, Brion L. Blackwelder

Faculty Scholarship

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Summer 2001

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Embryonic Stem Cell Research As An Ethical Issue: On The Emptiness Of Symbolic Value, Kevin Quinn

Faculty Publications

The ability to generate a wide variety of stem cell lines (in relatively renewable tissue cultures) opens up a whole new world of breathtaking possibilities for science and medicine. The possibilities include: "in vitro studies of normal embryo-genesis, human gene discovery, and drug and teratogen testing and as a renewable source of cells for tissue transplantation, cell replacement, and gene therapies." But it also opens up a world of complications.

Human EG and ES cells must be recovered from aborted fetuses or live embryos. Because primordial gonadal tissue is removed from fetuses after their death, the derivation of EO cells …

Reconceptualizing The Expert Witness: Social Costs, Current Controls And Proposed Responses, Jeffrey L. Harrison

UF Law Faculty Publications

Unlike virtually any other business, expert witnesses are not typically held accountable in either tort or contract law for their commercial activities. This means that many are inclined to deliver what the market demands - partisan, biased, or plainly dishonest testimony - without concern for the costs this testimony may impose on others. This immunity from the internalization of the social cost of their testimony is hard to reconcile with any moral or economic standard. Harsh judicial reactions to some experts and a slight increase in expert witness liability may signal that a change in the privileged status of experts …

Mid-Atlantic Ethics Committee Newsletter, Spring 2001

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

When People Are The Means: Negotiating With Respect, Jonathan R. Cohen

UF Law Faculty Publications

Most scholarship on negotiation ethics has focused on the topics of deception and disclosure. In this Article, I argue for considering a related, but distinct, ethical domain within negotiation ethics. That domain is the ethics of orientation. In contrast to most forms of human interaction, a clear purpose of negotiation is to get the other party to take an action on one's behalf, or at least to explore that possibility. This gives rise to a core ethical tension in negotiation that I call the object-subject tension: how does one reconcile the fact that the other party is a potential means …

Session One: Limits On Misleading Conduct, Thomas Zlaket, William Reece Smith Jr., Nathan Crystal, Amy R. Mashburn

UF Law Faculty Publications

A Transcript Featuring the Honorable Thomas Zlaket, Wm. Reece Smith, Jr., Esq., Professor Nathan Crystal, and Professor Amy Mashburn, Moderator from the symposium - Ethical Issues in Settlement Negotiations, Session One: Limits on Misleading Conduct.

From Buchanan To Button: Legal Ethics And The Naacp (Part Ii), Susan Carle

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Litigating Ethics Issues In Land Use: 2000 Trends And Decisions, Patricia E. Salkin

Scholarly Works

No abstract provided.

Race Prosecutors, Race Defenders, Anthony V. Alfieri

Articles

No abstract provided.

The Word And The Law, By Milner S. Ball (Book Review), Emily A. Hartigan

Faculty Articles

Milner Ball’s The Word and the Law has become a widely quoted work, and has already taken its place in the continuing tale of law and religion. The text presents itself in typical Ball fashion: richly and eloquently written, densely noted with weighty references, alive with stories and the voices of those with whom Ball has conversed.

A striking innovation in this book is Ball’s creation of a space in his text for the stories of those who are both his peers and not his peers, giving over the “pulpit” to women, edgy Jews, and Native Americans, all of whom …

A Plea For Rationality And Decency: The Disparate Treatment Of Legal Writing Faculties As A Violation Of Both Equal Protection And Professional Ethics, Peter Brandon Bayer

Scholarly Works

This article builds on the work of others by demonstrating that as a matter of academic ethics, informed by cardinal legal standards of decency, the disparate treatment and adverse terms and conditions imposed on writing professors are not simply unfair but defy the ethical aspirations of American law schools. Specifically, as the construct for analysis, this article establishes and utilizes the proposition that the discordant status of legal writing professors fails to satisfy minimal professional ethics. As a model, this article shows that it is not even minimally rational under the Equal Protection Clause of the United States Constitution, our …

The Prudent Prosecutor, Leslie C. Griffin

Scholarly Works

No abstract provided.

Two Observations On Holocaust Claims, William W. Bratton

All Faculty Scholarship

No abstract provided.

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 …

Ending Illegitimate Advocacy: Reinvigorating Rule 11 Through Enhancement Of The Ethical Duty To Report, Lonnie T. Brown, Jr.

Scholarly Works

This article seeks to draw attention to certain ethical misconduct of litigators that is routinely accepted, tolerated, or ignored by the legal profession. Though there are other examples, the author focuses on conduct prohibited by Federal Rule of Civil Procedure 11. In particular, the author concentrates on that rule's so-called “safe harbor” provision, which he argues serves to insulate, and possibly encourage, illegitimate advocacy in the form of the assertion and maintenance of frivolous claims, defenses, or other contentions ironically, the very conduct that the rule was ostensibly intended to deter. Regardless of the frequency of this sort of misbehavior, …

Making Clinical Trials Safer For Human Subjects, Michael S. Baram

Faculty Scholarship

Clinical trials, in which new biotech and other medical products are tested on human subjects, provide much of the data used by the FDA to determine whether the products are suitable for routine use in health care. Thus, the trials are of obvious importance to medical progress and improvement of public health, and to those who have career and financial interests at stake. But clinical trials are also important to the human subjects involved because the products being tested on them may remedy their illnesses, but may also pose risks since the products have usually not been previously tested on …

Full Legal Representation For The Poor: The Clash Between Lawyer Values And Client Worthiness, Michelle S. Jacobs

UF Law Faculty Publications

This article seeks to expand the scope of our understanding of values and their connection to the work of poverty lawyers. The article explores the literature on poverty and moral worthiness. In order to bring clarity to the discussion, it examines social science research on defining "values" and detailing how they can affect behavior. Prof. Jacobs describes the reactions of clinical students to a classroom exercise, which asked them to describe the legal representation they would provide to hypothetical clients. This article describes how the link between students' values and broader societal beliefs affect the practices of the bar and …

The Rights Of The Adolescent: The Mature Minor, Roxanne Mykitiuk, Victoria J. Davis

Articles & Book Chapters

Health care providers who treat adolescents may also be required to diagnose and treat the reproductive health conditions of minor patients and to facilitate health prevention measures, including contraception and testing for sexually transmitted diseases. Teens who do not want their parents to know about their sexual behaviour may consult a health care provider for reproductive or sexual health care services and treatment without parental knowledge or consent. This may present legal and ethical dilemmas for health care providers. Common law recognizes that adolescents under the legal age of majority who are sufficiently mature (the mature minor) may have the …

Commentary On Economic And Ethical Reasons For Protecting Data, Wendy J. Gordon

Faculty Scholarship

Like Jane Ginsburg, I would like to drop back a bit, to talk about more general principles. Essentially, both of our primary speakers focused on a distinction between property and non-property modes of protecting data. I would like to highlight the economic and ethical reasons for maintaining that distinction.