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Full-Text Articles in Law
In Search Of The Virtuous Prosecutor: A Conceptual Framework, Stanley Z. Fisher
In Search Of The Virtuous Prosecutor: A Conceptual Framework, Stanley Z. Fisher
Faculty Scholarship
Questions about the scope and content of the duty to "seek justice" pervade prosecutorial work. Prosecutors are required to serve in a dual role: they are both advocates seeking conviction and "ministers of justice." Observers have complained about a tendency on the part of prosecutors to prefer the former of these "schizophrenic" obligations to the latter. This is commonly described as a tendency to behave overzealously or according to a "conviction psychology. ' "
Informed Consent In The Post-Modern Era, Wendy K. Mariner
Informed Consent In The Post-Modern Era, Wendy K. Mariner
Faculty Scholarship
The doctrine of informed consent' is intended to get physicians to talk to their patients so that patients can make reasonably knowledgeable choices about whether to undergo particular forms of medical care. Although the law has long prohibited treatment without the patient's consent,2 physicians have resisted the idea that treatment decisions ultimately are for the patient to make. Only recently have physicians been willing to disclose information about the benefits and risks of recommended therapies. 3 Even with the best of intentions, however, the discussions that do take place are often far from the law's ideal of reasonable disclosure …