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Articles 1 - 30 of 57
Full-Text Articles in Law
Ethical Issues For Lawyers In A Multi-Disciplinary Practice World: Combined Resources
Ethical Issues For Lawyers In A Multi-Disciplinary Practice World: Combined Resources
William & Mary Annual Tax Conference
No abstract provided.
Ethics In Academia, Diether Haenicke
Ethics In Academia, Diether Haenicke
Center for the Study of Ethics in Society Papers
Papers presented for the Center of the Study of Ethics in Society Western Michigan University.
Ethics In Academia, 2000, Wmu Center Of The Study Of Ethics In Society
Ethics In Academia, 2000, Wmu Center Of The Study Of Ethics In Society
Center for the Study of Ethics in Society Papers
Papers presented for the Center of the Study of Ethics in Society Western Michigan University.
Walking The Walk --- The Reality Of Ethics In The University Presidency, Elson Floyd
Walking The Walk --- The Reality Of Ethics In The University Presidency, Elson Floyd
Center for the Study of Ethics in Society Papers
Papers presented for the Center of the Study of Ethics in Society Western Michigan University.
The Ethics Center At Fifteen Years, Michael Pritchard
The Ethics Center At Fifteen Years, Michael Pritchard
Center for the Study of Ethics in Society Papers
Papers presented for the Center of the Study of Ethics in Society Western Michigan University.
The Quality Of Mercy, The Public Trust, And Ethical Issues In Higher Education, Elise Bickford Jorgens
The Quality Of Mercy, The Public Trust, And Ethical Issues In Higher Education, Elise Bickford Jorgens
Center for the Study of Ethics in Society Papers
Papers presented for the Center of the Study of Ethics in Society Western Michigan University.
Annotating The News: Mitigating The Effects Of Media Convergence And Consolidation, Eric Easton
Annotating The News: Mitigating The Effects Of Media Convergence And Consolidation, Eric Easton
All Faculty Scholarship
This essay is a personal inquiry into the nature of media technology, law, and ethics in an era marked by the convergence of media that have been largely separate-print, broadcast, cable, satellite, and the Internet-and by the consolidation of ownership in all of these media. What inventions, practices, and norms must emerge to enable us to take advantage of this vast new information-based world, while preserving such important professional values as diversity, objectivity, reliability, and independence?
The right to know belongs not only to individuals, but to the public at large, it can (or, perhaps, must) be vindicated by government …
Nihilism Need Not Apply: Law And Literature In Barth's The Floating Opera, Rob Atkinson
Nihilism Need Not Apply: Law And Literature In Barth's The Floating Opera, Rob Atkinson
Scholarly Publications
No abstract provided.
Telling Stories About Cases And Clients: The Ethics Of Narrative, Binny Miller
Telling Stories About Cases And Clients: The Ethics Of Narrative, Binny Miller
Articles in Law Reviews & Other Academic Journals
In recent years, narrative has achieved great prominence in legal scholarship and in much other academic work, although the concept is not new. The legal realists always have emphasized the importance of stories; as long ago as 1941, Karl Llewellyn published case studies of the Cheyenne and their dispute settlement practices. In step with the popularity of narrative in legal scholarship, stories about the individuals behind the legal doctrine are increasingly common. While the terms "narrative" and "story" are sometimes used interchangeably, they are not quite the same thing.
Bringing The Practice To The Classroom: An Approach To The Professionalism Problem, Steven H. Goldberg
Bringing The Practice To The Classroom: An Approach To The Professionalism Problem, Steven H. Goldberg
Elisabeth Haub School of Law Faculty Publications
The first section of this article presents a brief history and description of a professionalism movement that continues to urge law schools to do more to solve the “professionalism problem.” The second discusses legal education's failure to bring professionalism into the law school curriculum. The third describes the structure and teaching method of The Practice—a different kind of course about professionalism—while the fourth discusses the professionalism content of the course. I conclude with a plea for law faculty to direct their considerable talents toward collecting stories and data about the profession and creating material to facilitate law school courses that …
Fostering Equity And Diversity In The Nova Scotia Legal Profession, Douglas G. Ruck, Craig M. Garson, Robert G. Mackeigan, Carol A. Aylward, Innis Christie, Cora States, Candy Palmater, Douglas Keefe, Margaret Macdonald, Burnley A. (Rocky) Jones, Heidi Marshall, Heather Mcneill, Kelvin Gilpin, Judith Ferguson
Fostering Equity And Diversity In The Nova Scotia Legal Profession, Douglas G. Ruck, Craig M. Garson, Robert G. Mackeigan, Carol A. Aylward, Innis Christie, Cora States, Candy Palmater, Douglas Keefe, Margaret Macdonald, Burnley A. (Rocky) Jones, Heidi Marshall, Heather Mcneill, Kelvin Gilpin, Judith Ferguson
Innis Christie Collection
The Province of Nova Scotia has, for many years, attempted, through a variety of means, to address issues of diversity and affirmative action. However, despite the lessons of history there are still those who question the need for programs and policies that promote, encourage and enforce equality. Even though significant advances have been made on many fronts Nova Scotia continues to struggle with issues of inequality. As with many problems faced by society acknowledging the existence of the problem is the first step towards developing solutions.
The Aba And Mdps: Context, History, And Process, Charles W. Wolfram
The Aba And Mdps: Context, History, And Process, Charles W. Wolfram
Cornell Law Faculty Publications
German Mdps: Lessons To Learn, Laurel Terry
German Mdps: Lessons To Learn, Laurel Terry
Faculty Scholarly Works
This article is the third of four major articles or book chapters that I have written about MDPs. This article focuses on German multidisciplinary partnerships (MDPs) between lawyers and accountants. The German MDP experience is important because Germany is one of the few jurisdictions that expressly permits MDPs and because conferences about World Trade Organization's General Agreement on Trade in Services (the GATS) have cited to Germany when suggesting that other countries' MDP bans may be unnecessarily restrictive. After introducing common MDP regulatory issues, this article focuses on Germany. The article explains Germany's current regulation of MDPs and provides a …
Apology And Organizations: Exploring An Example From Medical Practice, Jonathan R. Cohen
Apology And Organizations: Exploring An Example From Medical Practice, Jonathan R. Cohen
UF Law Faculty Publications
In this Article, I focus on injuries committed by members of organizations, such as corporations, and examine distinct issues raised by apology in the organizational setting. In particular, I consider: (i) the process of learning to prevent future errors; (ii) the divergent interests stemming from principal-agent tensions in employment, risk preferences and sources of insurance; (iii) the non-pecuniary benefits to corporate morale, productivity and reputation; (iv) the standing and scope of apologies; and (v) the articulation of policies toward injuries to others.
How Children And Adolescents Relate To Nature, Patricia Nevers
How Children And Adolescents Relate To Nature, Patricia Nevers
Center for the Study of Ethics in Society Papers
Paper presented at the Center for the Study of Ethics in Society at Western Michigan University, September 21,1999.
Value Pluralism In Legal Ethics, W. Bradley Wendel
Value Pluralism In Legal Ethics, W. Bradley Wendel
Cornell Law Faculty Publications
No abstract provided.
The Practice Of Law, Karen H. Rothenberg
Pulliam V. Coastal Emergency Services Of Richmond, Inc.: Reconsidering The Standard Of Review And Constitutionality Of Virginia's Medical Malpractice, Elizabeth Keith
Pulliam V. Coastal Emergency Services Of Richmond, Inc.: Reconsidering The Standard Of Review And Constitutionality Of Virginia's Medical Malpractice, Elizabeth Keith
Articles in Law Reviews & Other Academic Journals
Consider the following scenario. A plaintiff is injured in a devastating automobile accident and a jury finds the other driver negligent. As a result of that driver's negligence, the plaintiff is now a quadriplegic. The jury, after careful deliberation and calculation, awards $4.5 million to the plaintiff consisting of both economic damages for past and future medical expenses, as well as non-economic damages for pain and suffering and loss of enjoyment of life. Now consider a similar scenario. The plaintiff is a patient who is injured during a low-risk surgical procedure and a jury finds the surgeon negligent. As a …
The Criminal Defense Lawyer's Fiduciary Duty To Clients With Mental Disability, Christopher Slobogin, Amy R. Mashburn
The Criminal Defense Lawyer's Fiduciary Duty To Clients With Mental Disability, Christopher Slobogin, Amy R. Mashburn
UF Law Faculty Publications
This Article argues that the defense attorney has a multifaceted fiduciary duty toward the client with mental disability. That duty requires, first and foremost, respect for the autonomy of the client. The lawyer shows that respect not only by heeding the wishes of the competent client but by refusing to heed the wishes of the incompetent client. A coherent approach to the competency construct is therefore important. Following the lead of Professor Bonnie, this Article has broken competency into two components: assistance competency and decisional competency. It has defined the former concept in traditional terms, as an understanding of the …
Criticizing The Courts: A Lawyer’S Duty (Iii), Roger J. Miner '56
Criticizing The Courts: A Lawyer’S Duty (Iii), Roger J. Miner '56
Lawyers and the Legal Profession
No abstract provided.
Ethical Challenges To Legal Education And Conduct, James E. Moliterno
Ethical Challenges To Legal Education And Conduct, James E. Moliterno
Faculty Publications
No abstract provided.
Mission Impossible?: Ethical Community Lawyering, Shauna Marshall
Mission Impossible?: Ethical Community Lawyering, Shauna Marshall
Faculty Scholarship
No abstract provided.
Biotechnology And The Creation Of Ethics, Raymond R. Coletta
Biotechnology And The Creation Of Ethics, Raymond R. Coletta
McGeorge School of Law Scholarly Articles
No abstract provided.
Who Shall We Admit To Our Club?, Lawrence Raful
Do Codes Of Ethics Actually Shape Legal Practice?, Margaret Ann Wilkinson, Christa Walker, Peter Mercer
Do Codes Of Ethics Actually Shape Legal Practice?, Margaret Ann Wilkinson, Christa Walker, Peter Mercer
Law Publications
In theory, professional codes of conduct are supposed to assist lawyers in choosing the appropriate course of action when they are faced with an ethical dilemma and it is expected that lawyers will, in practice, turn to such codes for guidance. A recent research initiative undertaken by legal scholars at the University of Western Ontario sought to examine the effectiveness of codes of ethics in maintaining standards of behaviour within the legal profession in Ontario by examining the kinds of ethical problems confronting lawyers in that province and the extent to which they were resolved through the use of professional …
Supreme Court's Iolta Decision: Of Dogs, Mangers, And The Ghost Of Mrs. Frothingham, 30 Seton Hall L. Rev. 846 (2000), Donald L. Beschle
Supreme Court's Iolta Decision: Of Dogs, Mangers, And The Ghost Of Mrs. Frothingham, 30 Seton Hall L. Rev. 846 (2000), Donald L. Beschle
UIC Law Open Access Faculty Scholarship
No abstract provided.
Is Meaningful Regulation Of Lawyers In Multidisciplinary Firms Possible?, Denise D. J. Roy
Is Meaningful Regulation Of Lawyers In Multidisciplinary Firms Possible?, Denise D. J. Roy
Faculty Scholarship
If the legal profession embraces multidisciplinary practice (MDP) and allows fee-sharing with nonlawyers, there is a risk that its values, independence, and professionalism will fall prey to market pressures and control by outsiders. On the other hand, rejecting MDP means risking losing business to the multidisciplinary firms already established. The question is whether there is a compromise that provides meaningful regulation of lawyers practicing in multidisciplinary firms.
The Corporate Attorney-Client Privilege: Loss Of Predictability Does Not Justify Crying Wolfinbarger, Paul Rice
The Corporate Attorney-Client Privilege: Loss Of Predictability Does Not Justify Crying Wolfinbarger, Paul Rice
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Law, Ethics, And Religion In The Public Square: Principles Of Restraint And Withdrawal, Samuel J. Levine
Law, Ethics, And Religion In The Public Square: Principles Of Restraint And Withdrawal, Samuel J. Levine
Scholarly Works
In recent years, scholars have begun to recognize and discuss the profound questions that arise in attempting to determine the place of religion in the law and the legal profession. This discussion has emerged on at least two separate yet related levels. On one level, scholars have debated the place of religion in various segments of the public sphere, including law and politics. On a second level, lawyers have expressed the aim to place their professional values and obligations in the context of their overriding religious obligations. This article explores, from both an ethical and jurisprudential perspective, the question of …
Law, Ethics, And The Good Samaritan: Should There Be A Duty To Rescue?, Kathleen M. Ridolfi
Law, Ethics, And The Good Samaritan: Should There Be A Duty To Rescue?, Kathleen M. Ridolfi
Faculty Publications
The interdependence of law and morality, the circular influences of one on the other, puts us in a position to fear what we want the law to do. We embrace a legal system that promotes morality, that makes better citizens of us, but we worry that the law will cross an elusive line and infringe on individual rights. For this reason we are careful, and should remain so, in limiting enforcement of laws to reflect only those values that emerge from the overall agreement of the community where they will be enforced.
In this paper, I have focused primarily on …