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1995

Ethics

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Full-Text Articles in Law

Mid-Atlantic Ethics Committee Newsletter, Fall 1995 Oct 1995

Mid-Atlantic Ethics Committee Newsletter, Fall 1995

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


The First Cut Is (Not) The Deepest: Deconstructing "Female Genital Mutilation" And The Criminalization Of The Other, David Fraser Oct 1995

The First Cut Is (Not) The Deepest: Deconstructing "Female Genital Mutilation" And The Criminalization Of The Other, David Fraser

Dalhousie Law Journal

Deconstruction, as a 'philosophy'andas a strategy for the reading of texts, offers us the ability to engage in a politics and ethics of justice which seeks to recognize our responsibility to the Other. By 'reading' 'female genital mutilation' with this obligation in mind, this article attempts to deal with the prejudices and barriers to justice which present themselves to those of us in the West who seek an engagement with the Other. The article offers a warning and a reading of the 'text' of 'female genital mutilation' informed by our obligation to justice.


Mid-Atlantic Ethics Committee Newsletter, Summer 1995 Jul 1995

Mid-Atlantic Ethics Committee Newsletter, Summer 1995

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Teaching Ethics In Schools Of Business In Oklahoma Colleges And Universities, Shelsea Ellis May 1995

Teaching Ethics In Schools Of Business In Oklahoma Colleges And Universities, Shelsea Ellis

McCabe Thesis Collection

The research in this study seeks to establish the degree to which ethics is included in the business curriculum of four-year colleges and universities in Oklahoma. If ethics is taught as a separate course, the study inquires about the methodology used in that course. If there is not a separate ethics course, the study determines if ethics is included in several courses of the business curriculum. Clarification is also determined as to the percentage of time dedicated to the teaching of ethics and whether or not the dean of the School of Business believes this percentage to be appropriate.


The Last Butskellite, John D. Ayer May 1995

The Last Butskellite, John D. Ayer

Michigan Law Review

A Review of Acts of Hope: Creating Authority in Literature, Law, and Politics by James B. White


Mid-Atlantic Ethics Committee Newsletter, Spring 1995 Apr 1995

Mid-Atlantic Ethics Committee Newsletter, Spring 1995

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


The Separation Of Facts And Values, Arthur Kantrowitz Mar 1995

The Separation Of Facts And Values, Arthur Kantrowitz

RISK: Health, Safety & Environment (1990-2002)

Dr. Kantrowitz maintains that much modern pessimism derives from failure to separate what is from what ought to be and urges that scientific conflicts be resolved as value neutrally as possible.


Prosecutorial Misconduct In Presenting Evidence: "Backdooring" Hearsay, Bennett L. Gershman Jan 1995

Prosecutorial Misconduct In Presenting Evidence: "Backdooring" Hearsay, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Rules of evidence are designed to bring about just and informed decisions. One of these rules, the hearsay rule, is designed to ensure that juries receive reliable evidence, and that out-of-court statements ordinarily are inadmissible. Prosecutors are well aware of these evidentiary restrictions, but occasionally seek to circumvent them. The author describes methods used by some prosecutors to manipulate the hearsay rule and thereby distort the truth-finding process of the trial.


Ideologies Of Professionalism And The Politics Of Self-Regulation In The California State Bar, William T. Gallagher Jan 1995

Ideologies Of Professionalism And The Politics Of Self-Regulation In The California State Bar, William T. Gallagher

Publications

This Article is a case study of the California State Bar lawyer discipline system in crisis. The Bar's lawyer discipline system is the official state mechanism for regulating the professional conduct of California's more than 100,000 lawyers. The State Bar in California self-regulates as an adjunct of the judicial branch of government. The State Bar operates in this capacity as a quasi-governmental body while at the same time functioning as a professional organization, of which one role is to represent the collective interests of California lawyers. This is truly an extraordinary status. Unlike most other occupational groups, the legal profession …


Mid-Atlantic Ethics Committee Newsletter, Winter 1995 Jan 1995

Mid-Atlantic Ethics Committee Newsletter, Winter 1995

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Review Of: Lawrence J. Kaplan & Rosemarie Tong, Controlling Our Reproductive Destiny: A Technological And Philosophical Perspective, Sophie M. Sparrow Jan 1995

Review Of: Lawrence J. Kaplan & Rosemarie Tong, Controlling Our Reproductive Destiny: A Technological And Philosophical Perspective, Sophie M. Sparrow

RISK: Health, Safety & Environment (1990-2002)

Review of: Lawrence J. Kaplan & Rosemarie Tong, Controlling Our Reproductive Destiny: A Technological and Philosophical Perspective (The MIT Press 1994). Appendix (basic biochemistry), illustrations, index, notes, preface, series foreword by Samuel Goldberg, tables. CIP 93-38060, ISBN 0-262-11176-4 [418 pp. Cloth $29.95. 55 Hayward St., Cambridge MA 02142.]


Review Of: It Just Ain't Fair: The Ethics Of Health Care For African Americans (Annette Dula & Sara Goering Eds.), Carrie Anne Juliano Jan 1995

Review Of: It Just Ain't Fair: The Ethics Of Health Care For African Americans (Annette Dula & Sara Goering Eds.), Carrie Anne Juliano

RISK: Health, Safety & Environment (1990-2002)

Review of: It Just Ain't Fair: The Ethics of Health Care for African Americans (Annette Dula & Sara Goering eds., Praeger 1994) About the editors and contributors, acknowledgements, bibliography, foreword by Mark Siegler, index, notes. L.C. 93-43780, ISBN 0-275-94494-8. [ 336 pp. Paper $19.95. P.O. Box 5007, Westport CT 06881-5007.]


Metaphors Matter: How Images Of Battle, Sports And Sex Shape The Adversary System, Elizabeth G. Thornburg Jan 1995

Metaphors Matter: How Images Of Battle, Sports And Sex Shape The Adversary System, Elizabeth G. Thornburg

Faculty Journal Articles and Book Chapters

Metaphors are not pretty figures of speech; they affect the way people within cultures perceive reality. It is therefore significant that the metaphors most commonly used for the adversary system center on war and sports. This tends to over-emphasize the competitive aspects of litigation and disguise opportunities for more cooperative behavior. This article collects and analyzes those metaphors, and discusses the reasons for their powerful hold on legal culture. It also considers some of the negative effects of the metaphorical system and speculates about whether we could find and nurture alternative metaphors.


Checkosky, Rule 2(E) And The Auditor: How Should The Securities And Exchange Commission Define Its Standard Of Improper Professional Conduct?., Marie L. Coppolino Jan 1995

Checkosky, Rule 2(E) And The Auditor: How Should The Securities And Exchange Commission Define Its Standard Of Improper Professional Conduct?., Marie L. Coppolino

Fordham Law Review

No abstract provided.


Is A Ban On Plea Bargaining An Ethical Abuse Of Discretion? A Bronx County, New York Case Study, Roland Acevedo Jan 1995

Is A Ban On Plea Bargaining An Ethical Abuse Of Discretion? A Bronx County, New York Case Study, Roland Acevedo

Fordham Law Review

No abstract provided.


Proverbial Practice: Legal Ethics From Old Testament Wisdom, Gordon J. Beggs Jan 1995

Proverbial Practice: Legal Ethics From Old Testament Wisdom, Gordon J. Beggs

Law Faculty Articles and Essays

The Old Testament book of Proverbs supplied foundational moral values for our nation's legal ethics. With the adoption and revision of formal codes, moral teaching has virtually disappeared from legal ethics. This essay suggests that the wisdom of Proverbs offers a timely challenge to the character of the legal profession by advocating values which include justice, purity, mercy, humility, honesty, candor, truthful testimony, and civility.


Aba Delegates Amend Model Rule , Susan J. Becker Jan 1995

Aba Delegates Amend Model Rule , Susan J. Becker

Law Faculty Articles and Essays

The ABA House of Delegates has amended Model Rule 4.2 regarding whom attorneys may ethically contact directly during the course of litigation or other legal matters. This article discusses the ramifications of this change.


Lawyers, Learning, And Professionalism: Meditations On A Theme, Judith Welch Wegner Jan 1995

Lawyers, Learning, And Professionalism: Meditations On A Theme, Judith Welch Wegner

Cleveland State Law Review

This essay will offer three meditations on the theme of "lawyers, learning and professionalism." First, it lays a foundation by arguing that a commitment to learning is an appropriate and necessary professional value for lawyers. Next, it contends that lawyers need to take this professional value more seriously. It will suggest that lawyers lag behind other professions in learning about learning, and urge more lawyers deliberately do just that. Finally, the essay shares some important lessons about professionalism recently learned through learning experiments with practicing lawyers and law students.


Self-Inflicted Wounds: The Duty To Disclose Damaging Legal Authority, Angela Gilmore Jan 1995

Self-Inflicted Wounds: The Duty To Disclose Damaging Legal Authority, Angela Gilmore

Cleveland State Law Review

This article analyzes Rule 3.3(a)(3) and its implications for opposing parties in an adversarial legal system. The article's conclusion is that strict compliance with Rule 3.3(a)(3) by all members of the Bar is necessary to preserve the integrity of the legal system. Circumvention of the Rule is a disservice to the legal system. Part II explains Rule 3.3(a)(3) so that lawyers can grasp the ethical duty owed. Part III examines three roles simultaneously played by a lawyer: a representative of clients, an officer of the legal system, and a private citizen having a special responsibility for the quality of justice.7 …


Seeing The Forest And The Trees: The Proper Role Of The Bankruptcy Attorney, Nancy B. Rapoport Jan 1995

Seeing The Forest And The Trees: The Proper Role Of The Bankruptcy Attorney, Nancy B. Rapoport

Scholarly Works

This article discusses the tension between the lawyer's duty to her client and her duty to the legal system as an officer of the court. It concludes that, in a situation in which those two duties conflict, the lawyer's duty to the system as a whole should trump the duty to the client.