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1998

Ethics

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Institution
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Articles 1 - 30 of 101

Full-Text Articles in Law

First, Do No Harm: The Use Of Covert Video Surveillance To Detect Munchausen Syndrome By Proxy- An Unethical Means Of "Preventing" Child Abuse, Michael T. Flannery Oct 1998

First, Do No Harm: The Use Of Covert Video Surveillance To Detect Munchausen Syndrome By Proxy- An Unethical Means Of "Preventing" Child Abuse, Michael T. Flannery

University of Michigan Journal of Law Reform

Since it was first identified in 1977, Munchausen Syndrome by Proxy has uniquely affected the way in which the medical and legal communities deal with the issue of child abuse. Inherent in the medical response to the disease are issues of suspicion, investigation, identification, confrontation, and, of course, the health of an innocent child. Given the deceptive dynamics of the disease, however, denial and disbelief naturally overshadow every action taken by medical professionals in pursuing these issues. Fortunately, as medical knowledge about the dynamics of the disease continues to develop, medical professionals become more willing and better able to identify ...


Mid-Atlantic Ethics Committee Newsletter, Fall-Winter 1998 Oct 1998

Mid-Atlantic Ethics Committee Newsletter, Fall-Winter 1998

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


The Form And Substance Of Ethics: Prenatal Diagnosis In The Baird Report, Rachel Ariss Oct 1998

The Form And Substance Of Ethics: Prenatal Diagnosis In The Baird Report, Rachel Ariss

Dalhousie Law Journal

This article analyses the employment of textual tactics in the Final Report of the Royal Commission on New Reproductive Technologies. The author argues that the Commission uses these tactics to persuade several different audiences that its stance is correct, and simultaneously to manage dissent over new reproductive technologies. Analysis of textual tactics opens the ethical position of the Commission to substantive questioning. The authorfocuses on the Commission's discussion of prenatal diagnosis for genetic anomalies and concludes that the Commission fails to engage with ethical arguments put forward by persons with disabilities and their advocates. The conclusion also encourages the ...


Mid-Atlantic Ethics Committee Newsletter, Summer 1998 Jul 1998

Mid-Atlantic Ethics Committee Newsletter, Summer 1998

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Recreation As An Ally For Environmental Protection, Gary Sprung Jun 1998

Recreation As An Ally For Environmental Protection, Gary Sprung

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

10 pages.

Contains references.


Criminal Procedure, Justice, Ethics, And Zeal, Darryl K. Brown Jun 1998

Criminal Procedure, Justice, Ethics, And Zeal, Darryl K. Brown

Michigan Law Review

William Stuntz's recent article, The Uneasy Relationship Between Criminal Procedure and Criminal Justice, offers a series of thoughtful observations on the reasons that criminal procedure doctrines designed to protect defendants have done so little to improve the criminal justice system. Stuntz's article describes the unintended effects of attempts by the United States Supreme Court to improve criminal justice by closely regulating criminal procedure. That procedural focus has had perverse effects because, in a dynamic criminal justice system, other institutional players have responded to procedural rules in ways that undermine appellate courts' goals. Specifically, legislatures have reacted by expanding ...


Review Of The Appearance Of Impropriety: How The Ethics Wars Have Undermined American Government, Business, And Society, By Peter W. Morgan And Glenn H. Reynolds., Jordan B. Hansell May 1998

Review Of The Appearance Of Impropriety: How The Ethics Wars Have Undermined American Government, Business, And Society, By Peter W. Morgan And Glenn H. Reynolds., Jordan B. Hansell

Michigan Law Review

Rameshwar Sharma needed cash to continue his research on two proteins, alpha2A and alpha2GC, so he turned to the federal government. At the time he submitted his grant application, Sharma had completed a good deal of work on alpha2A but very little on alpha2GC At some point while typing his forty-six page grant application, Sharma realized that repeatedly typing alpha2A and alpha2GC was annoying. To ease his pain, he created macro keys that he could hit whenever he wished to type either protein. Big mistake. On page twenty-one he hit the wrong key, inserting alpha2GC where alpha2A should have been ...


The Morality Of Regulation, Loren A. Smith Apr 1998

The Morality Of Regulation, Loren A. Smith

William & Mary Environmental Law and Policy Review

No abstract provided.


Newgarth Revisited: Mrs. Robinson's Case, Alexander M. Sanders Jr. Apr 1998

Newgarth Revisited: Mrs. Robinson's Case, Alexander M. Sanders Jr.

South Carolina Law Review

No abstract provided.


Mid-Atlantic Ethics Committee Newsletter, Spring 1998 Apr 1998

Mid-Atlantic Ethics Committee Newsletter, Spring 1998

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Hard Cases, Carl E. Schneider Mar 1998

Hard Cases, Carl E. Schneider

Articles

Robert Latimer was born in 1953 on a farm on the prairies of Saskatchewan and grew up to own a 1,280-acre farm. In 1980 he married, and that year Tracy, the first of four children, was born. During her birth, Tracy's brain was terribly damaged by lack of oxygen, and severe cerebral palsy ensued. By 1993 Tracy could laugh, smile, and cry, and she could recognize her parents and her siblings. But she could not understand her own name or even simple words like "yes" and "no." She could not swallow well and would so often vomit her ...


Publicity In High Profile Criminal Cases, H. Patrick Furman Jan 1998

Publicity In High Profile Criminal Cases, H. Patrick Furman

Articles

No abstract provided.


Foreword To Symposium On "Should The Family Be Represented As An Entity?": Reexamining The Family Values Of Legal Ethics, Russell G. Pearce Jan 1998

Foreword To Symposium On "Should The Family Be Represented As An Entity?": Reexamining The Family Values Of Legal Ethics, Russell G. Pearce

Seattle University Law Review

This symposium on whether the family should be represented as an entity marks another milestone in the development of legal ethics as a field central to understanding the operation of law in our society, and not merely as a set of dry, largely irrelevant rules. It does so by acknowledging that ethical rules of lawyers who represent families have very real consequences for those families. Building on earlier efforts to address this topic, this symposium's authors confront what some commentators have described as the individualist impulse of the ethics codes and whether this impulse is beneficial or harmful to ...


The Morality Of Choice: Estate Planning And The Client Who Chooses Not To Choose, Janet L. Dolgin Jan 1998

The Morality Of Choice: Estate Planning And The Client Who Chooses Not To Choose, Janet L. Dolgin

Seattle University Law Review

The Symposium focuses around two hypotheticals. The question posed about each-whether it is ethical for an estate lawyer to represent spouses, one of whom chooses subservience to the interests of the other-provokes discussion of a broad set of concerns about the scope and meaning of the contemporary family, and about the appropriate parameters of legal representation of family members.


Family Matters: Nonwaivable Conflicts Of Interest In Family Law, Steven H. Hobbs Jan 1998

Family Matters: Nonwaivable Conflicts Of Interest In Family Law, Steven H. Hobbs

Seattle University Law Review

The hypotheticals prepared for this special symposium issue ask if a lawyer can provide legal services to a family when one family member yields major decision-making authority to another family member. At stake is the disposition of significant individual and family assets. The traditional model of legal representation would require each family member to have an advocate protecting and promoting his or her individual interests while negotiating a reasonable accommodation of the other family members' interests. The challenge presented by the hypotheticals is whether an attorney can simultaneously represent apparent multiple interests without violating ethical provisions.


Dependency And Delegation: The Ethics Of Marital Representation, Naomi Cahn, Robert Tuttle Jan 1998

Dependency And Delegation: The Ethics Of Marital Representation, Naomi Cahn, Robert Tuttle

Seattle University Law Review

The two hypotheticals for this symposium concern a lawyer who is asked to represent a married couple in which one spouse would like to cede decision-making authority to the other. As we have examined the lawyer's ethical responsibilities, we have identified two distinct, but conceptually related, issues of legal ethics. The first, a threshold question, deals with the nature of marital representation: May a lawyer simultaneously represent both husband and wife? And if so, how should the representation be structured? The second adds an additional layer of complexity: If a lawyer represents both husband and wife, may the lawyer ...


Love Among The Ruins: The Ethics Of Counseling Happily Married Couples, Teresa Stanton Collett Jan 1998

Love Among The Ruins: The Ethics Of Counseling Happily Married Couples, Teresa Stanton Collett

Seattle University Law Review

This Article explores the professional tension experienced by lawyers when clients embrace an ideal of marriage as "the two shall become as one," in a legal system that has repudiated this understanding in favor of the "reality" of marriage as an association dedicated to the individual fulfillment of the man and woman involved. Part II describes the three purposes of estate planning that define the parameters of any proposed representation. Estate planning lawyers assist clients in minimizing taxes, directing gifts to particular beneficiaries, and insuring the continuing care of loved ones. The decision to accept or reject proposed representation often ...


The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Foreword, Steven Epstein, Eric B. Fields, Jack E. Pace Iii, Staci Rosche Jan 1998

The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Foreword, Steven Epstein, Eric B. Fields, Jack E. Pace Iii, Staci Rosche

Fordham Urban Law Journal

This article seeks to address issues of lawyering under Legal Services Corporation (LSC) restrictions . We organized the conference as part of Fordham's Advanced Seminar in Ethics and Public Interest Law. We comprised a student working group in the class who worked to organize the conference with the Legal Aid Society and the Stein Center for Ethics and Public Interest Law. The conference, held on May 30, 1997, brought together practitioners, academics, and law students to discuss the delivery of legal services under the federal restrictions. In the remarks that follow, participants address the issues germane to lawyering under the ...


The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Address: The Future Of Legal Services, Alexander D. Forger Jan 1998

The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Address: The Future Of Legal Services, Alexander D. Forger

Fordham Urban Law Journal

This address focuses on what is the future of legal services? There will always be the ability to provide legal services for many of those in need. We are never going to reach all eligible clients or resolve all their problems. But it is essential to keep pressure on the federal government to play its essential role. How can it walk away from all of the mandates in our fundamental documents and leave it to charity to assume access to justice? There could be no more nobler cause with which to be associated, and no more dedicated and heroic figures ...


The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Constitutional Issues Panel, Matthew Diller Jan 1998

The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Constitutional Issues Panel, Matthew Diller

Fordham Urban Law Journal

There have been three lawsuits brought that deal with these constitutional issues, two challenges to the Regulations and one opposition to a motion to withdraw, which was the VarshavskyI case that Valerie Bogart talked about. The decision in the Varshavsky case is outside. There is also a preliminary injunction decision from the case brought in Hawaii,2 of which Steve Shapiro is one of the counsel, and that decision is outside. And then, still pending is a decision on a preliminary injunction motion in a case called Velasquez,3 which was brought in the Eastern District of New York. Here ...


The 'Ascent Of Man': Legal Systems And The Discovery Of An Environmental Ethic, Nicholas A. Robinson Jan 1998

The 'Ascent Of Man': Legal Systems And The Discovery Of An Environmental Ethic, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

A decade ago, firefighters in a warehouse on the Rhine in Switzerland washed chemicals, solvents, and mercury into the river, destroying all life in the river for miles, killing millions of fish, and endangering the water supplies of cities in Germany and the Netherlands. This tragedy galvanized the river valley states into action. They vowed to clean up the river, not just from that incident but from the effects of having used the river as a sewer for two centuries. But how clean is clean? The goal for this calculated plan, which will take decades to achieve, is symbolized by ...


The Law And Ethics Of Civil Depositions , A. Darby Dickerson Jan 1998

The Law And Ethics Of Civil Depositions , A. Darby Dickerson

Maryland Law Review

No abstract provided.


The Relevance Of Religion To A Lawyer's Work: Legal Ethics, Leslie Griffin Jan 1998

The Relevance Of Religion To A Lawyer's Work: Legal Ethics, Leslie Griffin

Fordham Law Review

No abstract provided.


Response To Joseph Allegretti: The Relevance Of Religion To A Lawyer's Work, Lawrence A. Hoffman Jan 1998

Response To Joseph Allegretti: The Relevance Of Religion To A Lawyer's Work, Lawrence A. Hoffman

Fordham Law Review

No abstract provided.


Our House, Our Rules: The Need For A Uniform Code Of Bankruptcy Ethics, Nancy B. Rapoport Jan 1998

Our House, Our Rules: The Need For A Uniform Code Of Bankruptcy Ethics, Nancy B. Rapoport

Scholarly Works

This article argues that there should be a separate code of professional responsibility for lawyers in bankruptcy cases.


The Need For New Bankruptcy Ethics Rules: How Can "One Size Fits All" Fit Anybody?, Nancy B. Rapoport Jan 1998

The Need For New Bankruptcy Ethics Rules: How Can "One Size Fits All" Fit Anybody?, Nancy B. Rapoport

Scholarly Works

Short discussion why dormant, temporary, actual conflicts (DTACs) in bankruptcy cases can't be handled appropriately under state ethics rules.


The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Ethics Issues Panel, Russell G. Pearce Jan 1998

The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Ethics Issues Panel, Russell G. Pearce

Fordham Urban Law Journal

This panel focuses on the ethical issues relating to the restrictions, and speakers include Helaine Barnett, Emily Sack, Steve Ellmann and Stephen Gillers.


Kentucky Law Survey: Professional Responsibility, William H. Fortune Jan 1998

Kentucky Law Survey: Professional Responsibility, William H. Fortune

Law Faculty Scholarly Articles

This article is a survey of recent Kentucky ethics cases and Kentucky Bar Association ethics opinions. The cases and opinions selected are those of general application but special interest.


Incommensurability And Cost-Benefit Analysis, Matthew D. Adler Jan 1998

Incommensurability And Cost-Benefit Analysis, Matthew D. Adler

Faculty Scholarship

No abstract provided.


Capital Jury And Absolution: The Intersection Of Trial Strategy Remorse And The Death Penalty, Scott E. Sundby Jan 1998

Capital Jury And Absolution: The Intersection Of Trial Strategy Remorse And The Death Penalty, Scott E. Sundby

Articles

No abstract provided.