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Full-Text Articles in Law

Just War Traditions And Revisions, Joseph Chapa Jul 2021

Just War Traditions And Revisions, Joseph Chapa

The International Journal of Ethical Leadership Special Volumes

No abstract provided.


Empathy And Jus In Bello, Kevin Cutright Jul 2021

Empathy And Jus In Bello, Kevin Cutright

The International Journal of Ethical Leadership Special Volumes

No abstract provided.


Inamori International Thesis Prize In Military Ethics 2019 | 2020 - Front Matter And Message From The Editors, Shannon E. French, Beth Trecasa Jul 2021

Inamori International Thesis Prize In Military Ethics 2019 | 2020 - Front Matter And Message From The Editors, Shannon E. French, Beth Trecasa

The International Journal of Ethical Leadership Special Volumes

The Inamori International Center for Ethics and Excellence awards an annual prize for the best thesis in military ethics to promote active involvement in the study and application of military ethics, including: Just War Theory; the Conduct of War; the Law of Armed Conflict (LOAC); International Humanitarian Law (IHL); and other related fields that include the study of human rights issues in the context of armed conflict.

In an effort to foster global discussion of pressing issues in military ethics and improve the accessibility of the field in languages other than English, the Inamori Center publishes the winning theses, in ...


Arguments For Banning Autonomous Weapon Systems: A Critique, Hunter Cantrell Jul 2021

Arguments For Banning Autonomous Weapon Systems: A Critique, Hunter Cantrell

The International Journal of Ethical Leadership Special Volumes

No abstract provided.


Legislative Actions To Promote And Enforce Ethical Conduct In Government, Christine Todd Whitman May 2021

Legislative Actions To Promote And Enforce Ethical Conduct In Government, Christine Todd Whitman

Journal of Legislation

No abstract provided.


Impact Of Organizational Fairness On Ethical Policing In The Community, David P. Cepiel May 2021

Impact Of Organizational Fairness On Ethical Policing In The Community, David P. Cepiel

Ed.D. Dissertations

Since 2015, policing has suffered from negative publicity due to unfortunate and often deadly interactions between police officers and people of color. As a result of these sad events, various programs have been incorporated into many police departments to increase professionalism among officers. One such program focuses on increasing legitimacy by teaching procedural justice concepts to officers. This study examined the impacts of organizational fairness on officers from the perspective of procedural justice. Building on previous research, this study focused on the officers and sergeants employed in two small municipal police departments in the Midwestern United States. Ninety-eight participants from ...


Take Note: Teaching Law Students To Be Responsible Stewards Of Technology, Kristen E. Murray Apr 2021

Take Note: Teaching Law Students To Be Responsible Stewards Of Technology, Kristen E. Murray

Catholic University Law Review

The modern lawyer cannot practice without some deployment of technology; practical and ethical obligations have made technological proficiency part of what it means to be practice-ready. These obligations complicate the question of what constitutes best practices in law school.

Today’s law schools are filled with students who are digital natives who don’t necessarily leverage technology in maximally efficient ways, and faculty who span multiple generations, with varying amounts of skepticism about modern technology. Students are expected to use technology to read, prepare for class, take notes, and study for and take final exams. Professors might use technology to ...


Employment Arbitration Agreements: The Case For Ethical Standards For Dispute Resolution System Designers, Michael L. Russell Apr 2021

Employment Arbitration Agreements: The Case For Ethical Standards For Dispute Resolution System Designers, Michael L. Russell

Pepperdine Dispute Resolution Law Journal

Dispute resolution design is an emerging field, both academically and professionally. Attorneys, mediators, and arbitrators, the other roles in the alternative dispute resolution process, have codes of ethics which guide their conduct. Dispute resolution designers, however, have no such guidelines. This article uses the example of mandatory arbitration agreements in the employment context to illustrate why this lack of ethical guidelines for dispute resolutions designers is problematic. In recent years, mandatory arbitration agreements significantly impacted employment law and litigation. The two most problematic provisions that often appear in mandatory arbitration agreements in the workplace context are cost sharing provisions and ...


Private Farms, Public Power: Governing The Lives Of Dairy Cattle, Jessica Eisen Apr 2021

Private Farms, Public Power: Governing The Lives Of Dairy Cattle, Jessica Eisen

Journal of Food Law & Policy

It is widely assumed that laws governing dairy productioninclude substantial protection of animals’ interests—that in some way the state is regulating the treatment of farmed animals and protecting them against the worst excesses of their owners’ selfinterest. In fact, across jurisdictions in Canada and the United States, the standards governing farmed animal protection are not established by elected lawmakers or appointed regulators, but are instead primarily defined by private, interested parties, including producers themselves. As scholars of animal law have noted, this has contributed to weak and ineffectual legal protection of the interests of farmed animals. The present study ...


Digital Health Passes In The Age Of Covid-19: Are “Vaccine Passports” Lawful And Ethical?, Lawrence O. Gostin, I. Glenn Cohen, Jana Shaw Apr 2021

Digital Health Passes In The Age Of Covid-19: Are “Vaccine Passports” Lawful And Ethical?, Lawrence O. Gostin, I. Glenn Cohen, Jana Shaw

Georgetown Law Faculty Publications and Other Works

As COVID-19 vaccination rates in high-income countries increase, governments are proposing or implementing digital health passes (DHPs) (vaccine “passports” or “certificates”). Israel uses a “green pass” smartphone application permitting vaccinated individuals’ access to public venues (eg, gyms, hotels, entertainment). The European Union plans a “Digital Green Certificate” enabling free travel within the bloc (see eTable in the Supplement). New York is piloting an IBM “Excelsior Pass,” confirming vaccination or negative SARS-CoV-2 test status through confidential data transfers to fast-track business reopenings. This paper examines the benefits of DHPs, scientific challenges, and whether they are lawful and ethical.


Public Job Ethics And Their Effects On Federal Penal Law Of United Arab Emirates, Prof. Dr. Hisham Mohammed Rustom Apr 2021

Public Job Ethics And Their Effects On Federal Penal Law Of United Arab Emirates, Prof. Dr. Hisham Mohammed Rustom

Journal Sharia and Law

In the preface, the author tackled a number of research matters closely related to his subject, which he later put under four parts:

In part I, he defined the duties of job function performance and facing any deficiencies thereto criminally since federal penal law forbade employees from leaving their work locations or deliberately reject to handle any of its functions considering it as an independent deliberate crime. Its scope covers all public employees as more particularly defined under article five of Penal Law, but does not cover those assigned public service for they are not specifically mentioned.

In part II ...


Mitochondrial Replacement Therapy: Let The Science Decide, Sabrina K. Glavota Apr 2021

Mitochondrial Replacement Therapy: Let The Science Decide, Sabrina K. Glavota

Michigan Technology Law Review

Mitochondrial replacement therapy (MRT) is an in vitro fertilization technique designed to prevent women who are carriers of mitochondrial diseases from passing on these heritable genetic diseases to their children. It is an innovative assisted reproductive technology that is only legal in a small number of countries. The United States has essentially stagnated all opportunities for research and clinical trials on MRT through a rider in H.R.2029 – Consolidated Appropriations Act, 2016. The rider bans clinical trials on all therapies in which a human embryo is intentionally altered to include a heritable genetic modification. This note argues that the ...


Legal Principles Governing Biological Ethics A Comparative Study In French Law And International Agreement, Fwaz Saleh Mar 2021

Legal Principles Governing Biological Ethics A Comparative Study In French Law And International Agreement, Fwaz Saleh

Journal Sharia and Law

In 1953 the scientists Francis Crick and James Watson discovered the DNA structure. Ever since a terrific molecular biologic revolution is devastating the world taking us from one scientific discovery to another. These discoveries resulted in advanced knowledge in the fields of medicine and biology which increased the hope in discovering new medications for some chronic and incurable diseases - such as some dangerous hereditary diseases and the diabetes and the tremble disease and the early senility disease - a case which brings good to all humanity. But, on the other hand, if the scientific advancement in this field is not properly ...


Wrongful Incarceration Causes Substantial Bodily Harm: Why Lawyers Should Be Allowed To Breach Confidentiality To Help Exonerate The Innocent, Vania M. Smith Mar 2021

Wrongful Incarceration Causes Substantial Bodily Harm: Why Lawyers Should Be Allowed To Breach Confidentiality To Help Exonerate The Innocent, Vania M. Smith

Catholic University Law Review

The Model Rules of Professional Conduct (MRPC) governs the conduct of lawyers and provides the framework for how individual states and territories craft their rules. Rules regarding confidentiality have been central through the many iterations of these rules since their inception. Client confidentiality protections are critical to establishing and maintaining the public trust in the profession. Rule 1.6 of the MRPC gives a lawyer the opportunity to divulge a client confidence under varying circumstances, including the prevention of “substantial bodily harm”. To date, this has not resulted in a wide interpretation that this exception includes wrongful incarceration. This article ...


Human Rights In The Era Of Artificial Intelligence “Figures, Opinions And Solutions”, Dr. Heidi Issa Hassan Mar 2021

Human Rights In The Era Of Artificial Intelligence “Figures, Opinions And Solutions”, Dr. Heidi Issa Hassan

Journal Sharia and Law

Technology has cast its shadow on us in most aspects of our lives and nothing has escaped its grip even human intelligence. Human intelligence now has a major rival known as "artificial intelligence" (AI). The main question is can machines think like humans?!

Since AI involves, in part, the dispensation with humans, then it is a matter that affects human rights, regardless of the manifestations, consequences or even scope of this dispensation.

Accordingly, this study has several problems to tackle: 1) the absence of adequate binding national and international provisions governing AI, 2) AI systems involve changing the way businesses ...


How And Why Did It Go So Wrong?: Theranos As A Legal Ethics Case Study, G.S. Hans Mar 2021

How And Why Did It Go So Wrong?: Theranos As A Legal Ethics Case Study, G.S. Hans

Georgia State University Law Review

The Theranos saga encompasses many discrete areas of law. Reporting on Theranos, most notably John Carreyrou’s Bad Blood, highlights the questionable ethical decisions that many of the attorneys involved made. The lessons attorneys and law students can learn from Bad Blood are highly complex. The Theranos story touches on multiple areas of professional responsibility, including competence, diligence, candor, conflicts, and liability. Thus, Theranos serves as a helpful tool to explore the limits of ethical lawyering for Professional Responsibility students.

This Article discusses the author’s experience with using Bad Blood as an extended case study in a new course ...


Collared—A Film Case Study About Insider Trading And Ethics, Garrick Apollon Jan 2021

Collared—A Film Case Study About Insider Trading And Ethics, Garrick Apollon

St. Mary's Journal on Legal Malpractice & Ethics

This Article discusses the visual legal advocacy documentary film, Collared, by Garrick Apollon (author of this Article). Collared premiered in fall 2018 to a sold-out audience at the Hot Docs Cinema in Toronto for the Hot Docs for Continuing Professional Education edutainment initiative. Collared features the story and reveals the testimony of a convicted ex-insider trader who is still struggling with the tragic consequences of “the most prolonged insider trading scheme ever discovered by American and Canadian securities investigators.” The intimate insights shared by former lawyer and reformed white-collar criminal, Joseph Grmovsek, serves as a painful reminder of the unattended ...


Defying Nature: The Ethical Implications Of Genetically Modified Plants, Debra M. Strauss Jan 2021

Defying Nature: The Ethical Implications Of Genetically Modified Plants, Debra M. Strauss

Journal of Food Law & Policy

Genetic engineering is changing the semantics, the meaning of life itself. We're trying to usurp the plant's choice. To force alien words into the plant's poem, but we [have] a problem. We barely know the root language. Genetic grammar's a mystery.... We've learned a lot about the letters-maybe our ability to read and spell words now sits halfway between accident and design - but our syntax is still haphazard. Scrambled. It's a semiotic nightmare.


From Automation To Autonomy: Legal And Ethical Responsibility Gaps In Artificial Intelligence Innovation, David Nersessian, Ruben Mancha Jan 2021

From Automation To Autonomy: Legal And Ethical Responsibility Gaps In Artificial Intelligence Innovation, David Nersessian, Ruben Mancha

Michigan Technology Law Review

The increasing prominence of artificial intelligence (AI) systems in daily life and the evolving capacity of these systems to process data and act without human input raise important legal and ethical concerns. This article identifies three primary AI actors in the value chain (innovators, providers, and users) and three primary types of AI (automation, augmentation, and autonomy). It then considers responsibility in AI innovation from two perspectives: (i) strict liability claims arising out of the development, commercialization, and use of products with built-in AI capabilities (designated herein as “AI artifacts”); and (ii) an original research study on the ethical practices ...


New Mexico’S Independent Ethics Commission And The Long Fight To Constrain Public Corruption, Lane Towery Jan 2021

New Mexico’S Independent Ethics Commission And The Long Fight To Constrain Public Corruption, Lane Towery

New Mexico Law Review

After a string of high-profile corruption scandals in state government, and a decade-long legislative fight to find a solution, in 2018 New Mexico voters passed a popular constitutional amendment creating an independent ethics commission. Enabling legislation cleared the legislature during the 2019 session, and the commission began operating on January 1, 2020. The ethics commission hears complaints made against candidates, lobbyists, and public officials in the executive and legislative branches. In addition, it publishes opinions on questions of ethics in state government. The commission, however, risks failing at its mission to reduce unethical behavior because of a lack of power ...


Critical Review Of The Use Of The Rorschach In European Courts, Igor Areh, Fanny Verkampt, Alfred Allan Jan 2021

Critical Review Of The Use Of The Rorschach In European Courts, Igor Areh, Fanny Verkampt, Alfred Allan

ECU Publications Post 2013

In relation to the admissibility of evidence obtained using projective personality tests arose in F v. Bevándorlási és Állampolgársági Hivatam (2018). The Court of Justice of the European Union has held that an expert’s report can only be accepted if it is based on the international scientific community’s standards, but has refrained from stipulating what these standards are. It appears timely for European psychologists to decide what standards should be applied to determine whether or not a test is appropriate for psycholegal use. We propose standards and then apply them to the Rorschach because it was used in ...


Bioethics: Ethical Considerations Of Ventilator Triage During A Pandemic, Susannah J. Gleason, William J. Keegan Dec 2020

Bioethics: Ethical Considerations Of Ventilator Triage During A Pandemic, Susannah J. Gleason, William J. Keegan

Georgia State University Law Review

In the midst of the COVID-19 pandemic, hospitals across the country faced unprecedented volumes of patients seeking treatment related to the respiratory complications of the virus. As a result, states were forced to reassess existing scarce resource allocation guidelines to appropriately accommodate the high demand. This Peach Sheet analyzes the ethical considerations implicated in enacting and following these guidelines when treating patients, specifically in the context of ventilator triage in response to the COVID-19 pandemic.


Equitable Allocation Of Covid-19 Vaccines: An Analysis Of The Initial Allocation Plans Of Cdc's Jurisdictions With Implications For Disparate Impact Monitoring, Harald Schmidt, Rebecca Weintraub, Michelle A. Williams, Alison Buttenheim, Emily Sadecki, Helen Wu, Lawrence O. Gostin, Angela A. Shen Dec 2020

Equitable Allocation Of Covid-19 Vaccines: An Analysis Of The Initial Allocation Plans Of Cdc's Jurisdictions With Implications For Disparate Impact Monitoring, Harald Schmidt, Rebecca Weintraub, Michelle A. Williams, Alison Buttenheim, Emily Sadecki, Helen Wu, Lawrence O. Gostin, Angela A. Shen

Georgetown Law Faculty Publications and Other Works

Major global and national vaccine allocation guidelines urge planners to allocate vaccines in ways that recognize, and ideally reduce, existing societal inequities within countries. However, allocation plans of the US will be determined individually by each of the CDC’s 64 jurisdictions (states, the District of Columbia, five cities, and territories). We analyzed whether jurisdictions have incorporated novel approaches to reduce inequity, based on plans published by the CDC in early November 2020 (63 summaries [98% of all jurisdictions] and 47 full guidance documents [73% of all, including all 50 states]).

Eighteen states adopted a novel proposal to use a ...


Avoiding Judicial Discipline, Veronica Root Martinez Nov 2020

Avoiding Judicial Discipline, Veronica Root Martinez

Northwestern University Law Review

Over the past several years, several high-profile complaints have been levied against Article III judges alleging improper conduct. Many of these complaints, however, were dismissed without investigation after the judge in question removed themselves from the jurisdiction of the circuit’s judicial council—oftentimes through retirement and once through elevation to the Supreme Court. When judges—the literal arbiters of justice within American society—are able to elude oversight of their own potential misconduct, it puts the legitimacy of the judiciary and the rule of law in jeopardy.

This Essay argues that it is imperative that mechanisms are adopted that ...


The Due Process Protections Act: Is The Juice Worth The Squeeze?, Allyson Benko Nov 2020

The Due Process Protections Act: Is The Juice Worth The Squeeze?, Allyson Benko

SLU Law Journal Online

President Trump signed the Due Process Protections Act into law on October 21, 2020. Allyson Benko discusses how Federal judges must now remind prosecutors on the record of their obligation under Brady v. Maryland to disclose exculpatory evidence to the defense in every criminal case.


Video; Health Law & Ethics 2020, Kathy Cerminara, Jonathan Kroner Law Office, Mcdermott Will & Emery Llp, Lubell & Rosen, Gerald M. Morris Nov 2020

Video; Health Law & Ethics 2020, Kathy Cerminara, Jonathan Kroner Law Office, Mcdermott Will & Emery Llp, Lubell & Rosen, Gerald M. Morris

NSU Law Seminar Series

This program will focus on the current climate of health law and the necessary steps used through federal practice to adjust to the ever-changing atmosphere of new legislation. Attendees will learn about the various paths within the practice, about emerging new laws, outreach and training, and how to become involved in the federal practice of health law. The presenters will explain what you need to get started, what different types of experiences and exposure might be helpful in entering the field and instruct you on maintaining ethics by knowing and following the Federal Rules of Civil Procedure and Model Rules ...


Is It Lawful And Ethical To Prioritize Racial Minorities For Covid-19 Vaccines?, Harald Schmidt, Lawrence O. Gostin, Michelle A. Williams Oct 2020

Is It Lawful And Ethical To Prioritize Racial Minorities For Covid-19 Vaccines?, Harald Schmidt, Lawrence O. Gostin, Michelle A. Williams

Georgetown Law Faculty Publications and Other Works

Coronavirus disease 2019 (COVID-19) has disproportionately affected racial minorities in the United States resulting in higher rates of infection, hospitalization, and death. With a limited supply after the initial approval of a safe and effective vaccine, difficult legal and ethical choices will have to be made on priority access for individuals. The National Academies of Sciences, Engineering, and Medicine (NASEM) has recommended prioritization of racial minorities who are “worse off” socioeconomically and epidemiologically. TheWorld Health Organization (WHO) similarly cautioned that “colorblind” allocation frameworks could perpetuate or exacerbate existing injustices. Both NASEM and WHO urge policy makers to allocate vaccines in ...


The Urgency Of Ethics In Political Leadership, President Vicente Fox Oct 2020

The Urgency Of Ethics In Political Leadership, President Vicente Fox

The International Journal of Ethical Leadership

No abstract provided.


As The Role Of The Driver Changes With Autonomous Vehicle Technology, So, Too, Must The Law Change, Nanci K. Carr Sep 2020

As The Role Of The Driver Changes With Autonomous Vehicle Technology, So, Too, Must The Law Change, Nanci K. Carr

St. Mary's Law Journal

Getting a driver’s license is a highly anticipated rite of passage for most teenagers. Being alone behind the wheel, in control of a 3,000-pound machine, is an honor, a privilege, and a sign of adult responsibility. How will that change when driver’s licenses become licenses “to cause technology to engage” with the increased use of autonomous cars? Will driver’s education courses, with their focus on safety rules and defensive driving techniques, be eliminated if all a vehicle operator needs to do is push a button and the vehicle does the rest? While arguably autonomous cars are ...


Tech Policy And Legal Theory Syllabus, Yafit Lev-Aretz, Nizan Packin Aug 2020

Tech Policy And Legal Theory Syllabus, Yafit Lev-Aretz, Nizan Packin

Open Educational Resources

Technology has changed dramatically over the last couple of decades. Currently, virtually all business industries are powered by large quantities of data. The potential as well as actual uses of business data, which oftentimes includes personal user data, raise complex issues of informed consent and data protection. This course will explore many of these complex issues, with the goal of guiding students into thinking about tech policy from a broad ethical perspective as well as preparing students to responsibly conduct themselves in different areas and industries in a world growingly dominated by technology.