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Full-Text Articles in Law
Poetic Justice: Connecting The Modern American Prosecutor To Her Rhetorical Roots, Michael Caves
Poetic Justice: Connecting The Modern American Prosecutor To Her Rhetorical Roots, Michael Caves
All Dissertations
Poetic Justice: Connecting the Modern American Prosecutor to her Rhetorical Roots explores the gap between rhetoric and the American prosecutor, to eventually advocate for a more creative, inventive trial practice for prosecutors that embraces the spirit and methods of narrative, poetics, and Ulmeric mystories, with the prosecutor’s unique ethical obligations forming the basis of a new prosecutor’s rhetoric. This research opens with an autoethnographic account of the author’s own path to criminal prosecution, to give the reader a sense of the author’s ethos, to identify the shortcomings of rhetorical training in law school pedagogy, and to outline the rhetorical …
A Qualitative Study Of Peer Reporting Of Attorney Ethical Misconduct, Jason Alan Helm
A Qualitative Study Of Peer Reporting Of Attorney Ethical Misconduct, Jason Alan Helm
Walden Dissertations and Doctoral Studies
Attorney misconduct affects the victims, the justice system, and the reputation of the entire legal profession. The legal profession suffers from a negative public perception because of a perceived lapse of ethical conduct. This study was designed as a general qualitative study and its purpose was to understand the processes attorneys experience regarding peer reporting of attorney ethical misconduct. The questions examined in this study was whether attorneys were willing to report their peer's ethical misconduct and why those attorneys decided to report or not report their peer's ethical misconduct. Twenty open-ended questionnaires were collected from a sampling of active, …
Ethics Or Law: Which Should Prevail In Conflicts Regarding The Restitution Of Nazi-Looted Art?, Anthony Caruso
Ethics Or Law: Which Should Prevail In Conflicts Regarding The Restitution Of Nazi-Looted Art?, Anthony Caruso
Seton Hall University Dissertations and Theses (ETDs)
Museums and sovereign states often face a dilemma when confronted with a claim seeking restitution of Nazi-looted artwork. The assertion of legal technicalities may allow an institution to maintain possession of its artwork whereas ethics would dictate its return. This paper discusses three cases where legal technicalities take precedence over ethics. This conflict demonstrates the need to have such disputes addressed in a forum other than a court system.
Toward A Legal Harm Principle: Constructing And Applying A Legal Principle From John Stuart Mill's General Harm Principle, Kathryn Alice Zawisza
Toward A Legal Harm Principle: Constructing And Applying A Legal Principle From John Stuart Mill's General Harm Principle, Kathryn Alice Zawisza
Graduate Theses and Dissertations
My goal in this work is to outline a specifically legal harm principle that is derived from John Stuart Mill’s harm principle in On Liberty. I will do this by providing a close reading of On Liberty and comparing it to what he says in chapter V of Utilitarianism. I believe that these two works provide a foundation for a harm principle that defines the domain and limits of the law. While this goal is not new, I focus on Mill’s general harm principle and the two maxims that he believes make it up in order to construct a relatively …
The History Of Inequality In Education And The Question Of Equality Versus Adequacy, Diana Carol Dominguez
The History Of Inequality In Education And The Question Of Equality Versus Adequacy, Diana Carol Dominguez
Honors Undergraduate Theses
Although the U.S. Constitution espouses equality, it clearly is not practiced in all aspects of life with education being a significant outlier. In the Declaration of Independence, Thomas Jefferson wrote about inalienable rights to life, liberty, and the pursuit of happiness. These two theories are related to education through educational adequacy and equality. Sufficientarianism, or educational adequacy, says that what is important is that everyone has “good enough” educational opportunities, but not the same ones. Egalitarianism, or educational equality, says that there is an intrinsic value in having the same educational opportunities and only having good enough opportunities misses something …
Armed Drones: An Age Old Problem Exacerbated By New Technology, Grant H. Frazier
Armed Drones: An Age Old Problem Exacerbated By New Technology, Grant H. Frazier
Pomona Senior Theses
The purpose of this thesis is to examine the history behind and the use of militarized drones in modern day conflicts, and to conclude whether the use of these machines, with special attention to the United States, is legal, ethical, and morally defensible. In achieving the aforementioned goals, shortcomings of current policy surrounding drone warfare will be highlighted, acting as the catalyst for a proposal for changes to be made to better suit legal, ethical, and moral considerations. The proposal of a policy to help us work with armed drones is due to the fact that this thesis acknowledges that …
Interpreting, Stephanie Jo Kent
Interpreting, Stephanie Jo Kent
Doctoral Dissertations
What do community interpreting for the Deaf in western societies, conference interpreting for the European Parliament, and language brokering in international management have in common? Academic research and professional training have historically emphasized the linguistic and cognitive challenges of interpreting, neglecting or ignoring the social aspects that structure communication. All forms of interpreting are inherently social; they involve relationships among at least three people and two languages. The contexts explored here, American Sign Language/English interpreting and spoken language interpreting within the European Parliament, show that simultaneous interpreting involves attitudes, norms and values about intercultural communication that overemphasize information and discount …
A Study Of The Role Of Churches In The Enactment Of The Arkansas Prohibition Law Of 1917, Ralph Bradley Hoshaw
A Study Of The Role Of Churches In The Enactment Of The Arkansas Prohibition Law Of 1917, Ralph Bradley Hoshaw
OBU Graduate Theses
Churches have been involved in the moral and ethical standards of the United States and its political subdivisions since the formation of the nation. Major questions about the churches' involvement as a social force in the nation or in the community concern: (1) the degree of involvement, (2) the methods employed and (3) the relative effectiveness of church influence upon the mores and laws of any society or state. To answer these questions, a historical study must be made of a particular moral problem in a specific locale and of the role that church influence or direct action played in …