Law Commons^™

Jochen Schmon, Absolute Ethical Life. Michael Lazarus On The Normativity Of Marx’S Critique Of Capitalism (An Interview By Jochen Schmon), Jochen Schmon, Michael Lazarus

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

Beyond Thinking Like A Lawyer: Lonergan's Transcendental Method And The Formation Of Ethical Lawyers, Sigrid Vendrell-Polanco

San Jose - Lonergan Chair in Catholic Philosophy

Law schools have long promised to teach students to "think like lawyers."1 We teach students to read cases carefully, identify legally significant facts, extract rules from precedent, distinguish adverse authority, construct arguments, and predict how courts are likely to resolve disputes. These are indispensable skills. But they leave open a more fundamental question: What kind of lawyer are we teaching our students to become?2 Legal education is extraordinarily good at teaching students how to determine what the law is and what the law allows. We are perhaps less intentional about teaching them to ask what, as lawyers, they ought to …

Legal Malpractice In Washington: Use Of The Rules Of Professional Conduct, Angelo Tadrous

Seattle University Law Review

Legal malpractice claims are difficult to prove. They are difficult to prove because many jurisdictions require that a plaintiff prove that, but for the lawyer’s misconduct, the client would have fared better. Thus, in a malpractice suit, a plaintiff must try a case within a case. Despite this difficulty, many jurisdictions prohibit the use of the Rules of Professional Conduct when litigating a malpractice case. Washington State is one of these jurisdictions. The Washington Supreme Court held in Hizey v. Carpenter that the Rules of Professional Conduct may not be referred to during trial. This Note argues that this prohibition …

Fostering Future Difference-Makers: The Integration Of Leadership Training In Law Schools, Leah Teague

Journal of Legal Education

No abstract provided.

Ai And Legal Malpractice: Are We Due For A Reckoning?, John Browning

Texas A&M Law Review

As the rate of AI adoption by lawyers steadily climbs, unfortunately so has the number of incidents of AI misuse by attorneys. For some time, courts satisfied themselves with giving offending lawyers warnings, ordering them to take additional CLE, and/or administering relatively nominal monetary sanctions. Lately, however, frustrated judges throughout the country have upped the ante by not only assessing increasingly higher sanctions but also imposing case dismissals and suspensions or disciplinary referrals for the lawyers involved. As this article discusses, with their negligence exposed to the public eye and the harsh gaze of their clients, lawyers who misuse AI …

Beyond The Ban: Chhaupadi Abolition And The Governance Of Menstrual Autonomy In Western Nepal, Nikita Paudel

Master in Public Policy Theses

This thesis examines how two decades of efforts to abolish chhaupadi have shaped the everyday conditions under which women and girls experience menstruation in western Nepal. Chhaupadi, commonly understood as menstrual seclusion, has been addressed through Supreme Court directives, national policy, criminal law, municipal implementation instruments, hut demolition campaigns, public health programming, and rights-based advocacy. Yet the practice has persisted, adapted, and in some cases moved into less visible spaces. Rather than treating this as a simple gap between law and practice, this thesis asks how abolition efforts themselves have become part of the regulatory regime through which menstruation is …

Variations In Moral Decision Making: In Morally Ambiguous Scenarios, Riley N. Eaton, Victoria Kempton, Edward Lansing, Troy R. Welker

Aurora

People are tasked with making decisions that often come with consequences, whether it be for someone else or themselves. Due to this, there is an ambiguity in understanding what is “right” and “wrong” in a given scenario. However, limited research has examined how interpersonal relationships and intensity of the punishment may affect this decision-making process. This study examines the effect of interpersonal closeness and punishment intensity on moral decision-making, defined in terms of fairness and empathy. Participants (N = 54) from a midwestern university were randomly assigned to one of three interpersonal closeness conditions (close friend vs. close friend, close …

Hammurabi’S Laws: Ancient Traditions Of Violence, Aaron Secrist

The Confluence

The tradition of enforcing private property through violence is truly ancient, and goes back thousands of years to the first civilizations. There exists a prevailing attitude that contemporary culture is more “civilized” than the first organized societies – and while it’s true in some ways, our laws are still remarkably similar to those practiced in antiquity. In the following essay, I analyze the Law Code of Hammurabi and examine its parallels to the way laws function today. First, I will provide context for the technological advances that made the first city-states possible, then give a cultural and economic overview of …

Aquinas In The Twenty-First Century: A Reconciliation With The Catholic Church’S Teaching On The Death Penalty, Diego G. T. Abele

Honors Theses

When the Catholic Church revised its paragraph in the Catechism that concerned the teaching on the death penalty, many believed that this seemed to contradict the Church’s traditional teaching on the death penalty, which has included the writings of thinkers like St. Thomas Aquinas. However, after applying principles of his natural law theory, this apparent contradiction goes away, and the full Catholic teaching on the death penalty comes to light. Several key theses of Thomist natural law will be described, addressing the metaphysical, epistemological, and ethical questions it seeks to answer. This will be the backbone of my paper as …

Why A “Blog” For Law, Ethics & Public Policy?, Declan M. Hurley, Jack Manning

Notre Dame JLEPP: In Limine

Hurley and Manning explain why JLEPP needs a new short-form publication--JLEPP In Limine--for relevant scholarly commentary.

Rights Of Nature: An Argument For Judicial Economy, Anna Belinski-Huber

Natural Resources Journal

Tracing the evolution of the “rights of nature” movement from Indigenous law and early environmental ethics to modern global applications, this article reframes the debate around codification of legal rights for nature from moral theory to legal efficiency, arguing that the United States implicitly recognizes rights of nature within its environmental jurisprudence and statutory framework. Through detailed analyses of the Endangered Species Act, National Environmental Policy Act, Clean Air Act, and Clean Water Act alongside corresponding case studies, the author demonstrates how courts and Congress have already expanded standing, redefined injury, and recognized nature’s inherent right to exist and flourish. …

Cobalt's Climate Paradox: Global Ambitions For A Greener Future Rely On Blood-Stained Hands, Ashleigh Wootton

Natural Resources Journal

The global effort to mitigate climate change increasingly relies on widespread electrification, with lithium-ion batteries at its core and the key minerals required for their production concentrated in countries uniquely vulnerable to exploitation. Lithium-ion battery production relies heavily on cobalt, a critical mineral primarily sourced from the Democratic Republic of the Congo (DRC), which supplies approximately 70 percent of the world’s cobalt. As demand for cobalt is projected to rise sharply, the DRC has become indispensable to the global clean energy transition. Cobalt extraction in the DRC is closely linked to severe human rights abuses, including forced labor, child labor, …

Governing Generative Ai In Higher Education: A Global Delphi Study On Policy And Practice, Helen Crompton, Diane Burke, Christine Nickel, Aras Bozkurt, Fengchun Miao, Mike Sharples, Jeffrey Alan Greene, David Parsons, Lucy Gill-Simmen, Adam Edmett, Mark Pegrum, Inge De Waard, Curtis J. Bonk, Manuel B. Garcia, John H. Curry, Leeann Lindsey, Mohan Yang, Stephen Marshall, Maha Bali, Nellie Deutsch, Suzaan Le Roux, Mourad Benali, Mohd Ali Bin Samsudin, Hasan Tinmaz, Matthew L. Bernacki, Mari Van Wyk, Lenandlar Singh, Agnes Chigona, Lance Eaton, Junhong Xiao, Johanna Velander, Jinhee Kim, Francisco Bellas, R. Rajalakshmi, Andréia De Bem Machado, Agnieszka Palalas, Sean Yu

STEMPS Faculty Publications

As GenAI technologies become more pervasive in higher education (HE), scholars call for guidance on AI governance. To meet this need, a Delphi technique and collective writing was used in gathering expert perspectives from across 22 countries/locations and six continents. This resulted in the development of a HE GenAI policy/guidelines framework with eight core areas: (1) academic integrity, (2) ethical use and responsible use, (3) privacy and protection, (4) equitable access, (5) GenAI literacy, (6) integration strategy, (7) human oversight and accountability, and (8) institutional support and infrastructure. In addition, a six-part framework was developed to ensure that policies remain …

Is Being A Shareholder ‘In Name Only’ A Problem?, Daniel Schulte Jd

The Journal of the Michigan Dental Association

This column addresses the legal risks for Michigan dentists entering "shareholder in name only" agreements with non-dentist entities. Michigan law requires dental practices to be owned by licensed dentists to ensure professional control over public healthcare. Arrangements where management companies or manufacturers can reclaim stock for a nominal fee effectively strip the dentist of true ownership. This lack of control can lead to ethical conflicts, such as pressure to sell specific appliances regardless of professional judgment. Engaging in such schemes may endanger a dentist's license by thwarting state laws intended to protect clinical independence.

Dental Professionalism In A Changing World: Challenges & Opportunities, Robert P. Iovino, Dds, Ma Dds, Ma

Journal of the American College of Dentists

This manuscript examines the erosion of traditional dental professionalism amid rising educational costs, declining membership in professional associations, and the growing influence of corporate ownership and private equity in dentistry. Drawing perspectives from economics, sociology, philosophy, law, and ethics, it traces the historical development of professional licensure and its role in safeguarding clinical autonomy, ethical integrity, and public trust. The analysis highlights how deregulation and profit-driven practice models challenge the profession’s social contract. The manuscript argues that preserving strong civic institutions, restrictive licensure standards, and humanities-informed education is essential to sustaining dentistry as a learned profession rather than a commodified …

Influencing The Meteoric Rise Of Ai: Centering Ethics, Law, And Society In Urgent Policy Reform, Erin L. Shah Mspm, Heath A. Clark Mba, Xarlene B. Choi Bs, Garrett K. Chan Phd

The Guardianship Journal

Artificial intelligence (AI) represents a transformative technological advancement with the potential to yield extraordinary societal benefits while simultaneously introducing significant potential harms to individuals, governments, and society. The adoption of AI has outpaced the ability of society to collectively and cohesively respond through the implementation of adequate regulatory guardrails. While AI presents novel benefits and challenges, the broader dynamic of responding to new, uncharted technologies has historical precedence. The article's methodological approach employed empirical research using law articles and policies. As such, the article explores the benefits, challenges, and actual or potential harms in three business sectors: business and finance, …

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Frameworks For Repatriation: Moving Beyond Nagpra, Ashley Joplin

Electronic Theses and Dissertations

Museums and similar federally funded educational institutions have been collecting human remains since the Enlightenment era in the 1800s. Since then, these institutions have developed various collections practices that have encouraged the collection of human remains. Often unethical in nature, these collections have harmed historically marginalized communities, such as Indigenous and African American communities. While the ethics of collecting have been under scrutiny for decades, it was not until 1990 under the Native American Graves Protection and Repatriation Act (NAGPRA) that mainstream attention was drawn to the ethics of collections practices.

This thesis explores these collections practices and the repatriation …

Responsible Ai: Applications And Ethical Considerations, Emuesiri Oduaran, Skye Ese Oduaran

Communications of the IIMA

As artificial intelligence (AI) rapidly transforms industries and societies, its applications present both immense opportunities and significant ethical challenges. This paper explores the concept of Responsible AI, emphasizing the importance of integrating ethical considerations into AI development and deployment. It examines a range of AI applications, from healthcare and finance to autonomous systems, highlighting their potential to drive innovation while also raising concerns about bias, privacy, accountability, and job displacement. The paper evaluates the ethical principles that should guide AI design, including transparency, fairness, privacy protection, and human oversight. Furthermore, it critically analyzes the current landscape of AI governance, identifying …

Thou Shalt Not Castrate: The Conflict Between Louisiana’S Surgical Castration Law And The Principles Of Medical Ethics, Morgan Ambrosecchia

Dickinson Law Review (2017-Present)

In 2024, Louisiana became the first state to permit courtordered surgical castration for sex offenders who have been convicted of certain sex crimes against children. Under the law, an offender who refuses to submit to the procedure will face an additional three to five years in prison without the possibility of parole, probation, or suspension of sentence. The court’s order is contingent on confirmation by a court-appointed expert that the offender is an “appropriate candidate for surgery.” However, the statutory language is vague and does not clearly define who can serve as an expert nor does it define the scope …

Ethical Sourcing In The Context Of Health Data Supply Chain Management: A Value Sensitive Design Approach, Camille Nebeker Edd, Ms, Ellen Wright Clayton, Et Al.

Vanderbilt Law School Faculty Publications

Abstract

Objective

The Bridge2AI program is establishing rules of practice for creating ethically sourced health data repositories to support the effective use of ML/AI in biomedical and behavioral research. Given the initially undefined nature of ethically sourced data, this work concurrently developed definitions and guidelines alongside repository creation, grounded in a practical, operational framework.

Materials and Methods

A Value Sensitive Design (VSD) approach was used to explore ethical tensions across stages of health data repository development. The conceptual investigation drew from supply chain management (SCM) processes to (1) identify actors who would interact with or be affected by the data …

Whose Burden, Whose Benefit? Revisiting Ethical Trade-Offs In The Who Guidelines On Scaling Up Mass Azithromycin Administration, Maple Goh, A. M. Viens, Safura Abdool Karim, Aaron S. Kesselheim, Kevin Outterson

Faculty Scholarship

Author summary

• New evidence suggests that mass drug administration of azithromycin (MDAA) can significantly reduce childhood mortality in high-burden, low-resource settings, yet the World Health Organization’s (WHO) 2020 guidelines take a cautious approach due to concerns about antimicrobial resistance (AMR).
• While the WHO guidelines cite ethical principles, they insufficiently address key considerations, such as intergenerational justice, equitable burden sharing, and the structural determinants of health that shape infectious disease vulnerability.
• Global AMR policy often prioritizes conservation over access in ways that disproportionately burden low-income countries, despite high-income countries also bearing significant responsibility for the emergence and spread of AMR.
• A …

The Ethics Of Industry-Funded Speakers’ Bureaus—How They Disseminate Innovation And Could Corrupt Medicine, Jennifer E. Miller, Christopher Robertson

Faculty Scholarship

It is often said that a business without marketing is dead. But when a medical product is marketed irresponsibly, it is patients who may pay with their lives. In this context, Wieberdink et al¹ examine participation in industry-sponsored speakers’ bureaus by academic clinical faculty, conceptualizing the practice as a form of conflicted and irresponsible pharmaceutical marketing. Reviewing 129 US allopathic medical school conflict-of-interest (COI) policies, they found that less than 40% prohibit industry speakers’ bureau participation outright, while 19% impose conditional restrictions, such as requiring that faculty retain control over presentation content. Wieberdink et al¹ advocate for a …

Artificial Intelligence In Ethics And Society, Amy B. Cyphert, Sally Brown

Artificial Intelligence Exhibit

This section explores the ethical dilemmas, social impacts, bias and fairness of AI use.

Artificial Intelligence In Surveillance And Privacy, Elizabeth D. Brasher

NEXUS: The Liberty Journal of Interdisciplinary Studies

This paper attempts to provide insight into the new and developing world of artificial intelligence and its integration into surveillance technologies. These technologies being implemented by the government, retail companies, healthcare organizations, and more, all raise ethical questions and implications addressed in this article; other topics, such as the integration of Christian ethics and responsibilities, are also explored.

How To Start (Or Stop) A War On Crime: A Conceptual Cookbook, Brandon E. Beck

Georgia State University Law Review

Beginning in the early 1990s, the Executive Branch began an era of enforcement of federal firearms crime that was different in kind and degree from the prior seventy-five years. The federal crime policies of the 1990s and 2000s led to a significant increase both in the total number of federal firearms prosecutions and in how often mandatoryminimum statutes were charged. But later, in the 2010s and 2020s, there were times when the number of firearms prosecutions stabilized, and the number of mandatory-minimum sentences decreased. This Article seeks to use federal firearms prosecutions, in this era of enforcement, as a lens …

The Role Of Criminology In The Courtroom, Nia Mehroke

Themis: Research Journal of Justice Studies and Forensic Science

Criminology and expert witness testimony play a crucial role in modern-day court proceedings. Scientific data and insights utilized in criminology can assist with seeking justice and fairness. This essay aims to provide a basis for the history of criminology and define the practice. It will explore the evolution of criminology practices and how theories have developed that are still utilized today. Furthermore, it will discuss criminologists’ many contributions as expert witnesses, including the role of ethics that criminologists must follow in court. Some key ideas presented include the methodologies criminologists use to present evidence and what standard criminologists must follow …

Federalizing Professionalism: How The Seventh Circuit Rewrote Indiana Ethics Law, Leonard C. Brahin, J.D.

Lincoln Memorial University Law Review Archive

While sitting in diversity and adjudicating a federal question, federal courts are occasionally tasked with handling ethical questions about attorney conduct. Despite the frequency that such issues emerge, there are neither uniform federal ethics rules for attorneys nor a consensus amongst the circuits on how to apply (or even use) state ethics rules. Some federal courts have adopted the ethics rules of the state in which they sit. Others have no rules at all. In the Seventh Circuit, federal courts have adopted and interpreted the ethics rules of the states where they sit, independent from state courts and commissions that …

A Court Under Scrutiny: How Ethical Failures Endanger The Legitimacy Of The Supreme Court, Presley A. Overbey, J.D.

Lincoln Memorial University Law Review Archive

This Note explores the deepening legitimacy crisis facing the United States Supreme Court, arguing that ethical failures among its justices have eroded public confidence in the institution and threaten the foundational principles of American democracy. Beginning with an analysis of Institutional legitimacy and its relationship to public acceptance, this Note articulates why legitimacy, not merely power or authority, is essential to the judiciary’s function. Tracing the historical development of the Court and its evolving public perception, this Note Examines recent ethical controversies involving Supreme Court justices that have contributed to its growing unpopularity. It critiques the Court’s existing ethical framework, …

Washington State Bar Licensure Task Force Subcommittee On Ethics/Character Fitness Report And Recommendations, Brent Williams-Ruth

Seattle University Law Review Online

The Washington State Bar Licensure Task Force’s Subcommittee on Ethics/Character and Fitness (the Subcommittee) was created at the behest of Brent Williams-Ruth, the representative selected by the President of the Washington State Bar Association (WSBA or the Bar) to represent the Board of Governors on the Bar Licensure Task Force. His interest in modifying the Character and Fitness process took root after meeting Tarra Simmons during her experience with the Character and Fitness Board. After the WSBA Character and Fitness Board recommended that Simmons’s application to sit for the bar exam be denied, the Washington Supreme Court reversed that recommendation …