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Articles 1 - 19 of 19
Full-Text Articles in Law
Why Do Good People Do Bad Things? A Multi-Level Analysis Of Individual, Organizational, And Structural Causes Of White-Collar Crime, Dr. Joe Mcgrath
Why Do Good People Do Bad Things? A Multi-Level Analysis Of Individual, Organizational, And Structural Causes Of White-Collar Crime, Dr. Joe Mcgrath
Seattle University Law Review
This Article draws on the Securities and Exchange Commission’s (SEC) complaint against Serageldin, the transcript for his plea hearing, and the transcript for his sentencing hearing. The SEC’s complaint provides a prosecutorial account of the fraud. It also includes actual extracts from Serageldin’s recorded phone calls at Credit Suisse which provide a realtime narrative of the fraud. The court transcripts detail Serageldin’s own account of the fraud and give a biographical account of Serageldin’s life, provided by his mother, who offered character evidence on his behalf. These perspectives allowed for the recasting of the SEC’s account of the fraud and …
"Tone At The Top" And The Communication Of Corporate Values: Lost In Translation?, Alfredo Contreras, Aiyesha Dey, Claire Hill
"Tone At The Top" And The Communication Of Corporate Values: Lost In Translation?, Alfredo Contreras, Aiyesha Dey, Claire Hill
Seattle University Law Review
Many firms that were involved in large-scale corporate frauds had strong corporate codes of ethics and values statements. These firms were also subject to considerable social pressures to be mindful of their reputations; frauds are “negative reputational events.” Notably, the frauds not infrequently involved possible, or even outright, illegality. Why didn’t these strong forces—strong codes of ethics and firms’ clear interest in maintaining a good reputation, as well as the fear of legal liability—do more to prevent the frauds? It seems hard to imagine that serious misdeeds could occur if the top management was committed to preventing them. But top …
Bank Culture And The Official Sector: A Spectrum Of Options, Michael Held, Thomas M. Noone
Bank Culture And The Official Sector: A Spectrum Of Options, Michael Held, Thomas M. Noone
Seattle University Law Review
If you think culture is too squishy, please hear us out. In Part I of this Article, we set out what we mean by culture. In Part II, we explain why we are interested in culture and why it matters to us now. In Part III, we will survey the work of other public authorities in their efforts to address culture. In our view, these efforts fall into several categories along a spectrum from more advisory to more prescriptive. We do not endorse any particular method. All of these efforts are useful attempts to address a common problem: repeated ethical …
Regulating Banking Ethics: A Toolkit, David Zaring
Regulating Banking Ethics: A Toolkit, David Zaring
Seattle University Law Review
There is little doubt that culture matters for institutions—entities ranging from economics departments to soccer teams spend plenty of time thinking about the cultures they hope to foster—and that culture is also exceedingly hard to measure or define. Regulators now have had a decade since the financial crisis to operationalize their approach to guiding and improving the ethics and culture of the banks they oversee. Understanding what they have chosen to do makes it easier to assess the value of the effort to make cultural transformation an important part of a regulatory program. It also offers lessons to the broader …
Ethical Machines?, Ariela Tubert
Ethical Machines?, Ariela Tubert
Seattle University Law Review
This Article explores the possibility of having ethical artificial intelligence. It argues that we face a dilemma in trying to develop artificial intelligence that is ethical: either we have to be able to codify ethics as a set of rules or we have to value a machine’s ability to make ethical mistakes so that it can learn ethics like children do. Neither path seems very promising, though perhaps by thinking about the difficulties with each we may come to a better understanding of artificial intelligence and ourselves.
Corporate Governance As A School Of Social Reform, Ciarán O’Kelly
Corporate Governance As A School Of Social Reform, Ciarán O’Kelly
Seattle University Law Review
In this paper, I present a vision of the corporation as a moral person. I point to “the separation of ownership and control” as a moment when the corporation broke away from the moral lives of ownermanagers. I then draw out the manner in which we can speak of the company as a moral person. Finally, through a discussion of social reporting in two British banks, I point to a shift in how this moral personhood is articulated, with the rise of corporate governance—or doing business well—as its own foundation of corporate responsibility. I propose a view of corporate responsibility …
The Common Link In Failures And Scandals At The World’S Leading Banks, Justin O’Brien, Olivia Dixon
The Common Link In Failures And Scandals At The World’S Leading Banks, Justin O’Brien, Olivia Dixon
Seattle University Law Review
This Article argues that both the root cause of the crisis and the route to restoring trust and confidence is to be found in ascertaining how to regulate culture across mandates, processes, and use of discretion. Part II identifies the internal and external failings of four of the most recent global banking scandals within the CEDAR matrix. Part III discusses the regulatory challenges faced when compliance serves no practical function and the consequent material risk to market integrity. This Article concludes by suggesting that it is unsustainable for regulation to be decided, implemented, and monitored at a national level. Global …
Limits Of Disclosure, Steven M. Davidoff, Claire A. Hill
Limits Of Disclosure, Steven M. Davidoff, Claire A. Hill
Seattle University Law Review
One big focus of attention, criticism, and proposals for reform in the aftermath of the 2008 financial crisis has been securities disclosure. Many commentators have emphasized the complexity of the securities being sold, arguing that no one could understand the disclosure. Some observers have noted that disclosures were sometimes false or incomplete. What follows these issues, to some commentators, is that, whatever other lessons we may learn from the crisis, we need to improve disclosure. How should it be improved? Commentators often lament the frailties of human understanding, notably including those of everyday retail investors—people who do not understand or …
Ethics As Self-Transcendence: Legal Education, Faith, And An Ethos Of Justice, Patrick Brown
Ethics As Self-Transcendence: Legal Education, Faith, And An Ethos Of Justice, Patrick Brown
Seattle University Law Review
Ethics is fundamentally about ethos, attitude, one's grounded stance or existential orientation, not the extrinsicism of concepts or the formalism of rules. Ethics concerns not just any orientation, but that intimate and demanding form of personal development manifested in the experience and practice of self-transcendence. Conversely, the neglect of ethics as self-transcendence introduces deep distortions into the way we socialize students into notions of ethics and professionalism. It introduces subsequent distortions into the conditions of legal practice. It encourages a superficial and extrinsic minimalism. It encourages, in effect, the disastrous conception of legal ethics as ethical legalism. I begin by …
The Practice Of Law As Response To God's Call, Susan J. Stabile
The Practice Of Law As Response To God's Call, Susan J. Stabile
Seattle University Law Review
Legal practice, like all human work, is a religious calling, a vocation. Section I of this Article will focus on work as a calling. Although I refer in my title to the practice of law as a response to God's call, I suggest that even those who are uncomfortable with the use of religious language can share a notion of law as a calling. Section II will address the need to discern one's place in the legal profession. Implicit in the notion of a calling is that our professional decisions are not merely internally driven, but are in response to …
Deception In Undercover Investigations: Conduct-Based Vs. Status-Based Ethical Analysis, Barry R. Temkin
Deception In Undercover Investigations: Conduct-Based Vs. Status-Based Ethical Analysis, Barry R. Temkin
Seattle University Law Review
As part of the public school system, online schools “have a responsibility to provide equal access to [their] educational opportunities[,] and restricting access to these opportunities can be problematic, if not illegal.” Given the rapid growth of online education in Washington, legislators must examine whether online schools that receive public education funding are benefiting the entire public or are benefiting merely a select group of students. Part II of this Comment briefly discusses the history of online schools in Washington, including how they receive funding within Washington's unique statutory and regulatory framework. Part III then examines how online schools discriminate …
Washington's New Rules Of Professional Conduct: A Balancing Act , Johanna M. Ogdon
Washington's New Rules Of Professional Conduct: A Balancing Act , Johanna M. Ogdon
Seattle University Law Review
Part II begins by exploring the history of the Rules of Professional Conduct. Part II then briefly turns to the origins of the modern debate over candor and confidentiality and focuses on two of the most essentially opposed and well known scholars on the issue, Judge Marvin Frankel and Professor Monroe Freedman. Part III dissects Washington's newly adopted RPC, focusing on Rules 1.6 and 3.3. Part IV suggests that although the new rules mostly balance a client's interest in confidentiality with a court's interest in candor, attorneys should be given the discretion to reveal client confidences when necessary. In conclusion, …
Gambling With Ethics And Constitutional Rights: A Look At Issues Involved With Contingent Fee Arrangements In Criminal Defense Practice, Adam Silberlight
Gambling With Ethics And Constitutional Rights: A Look At Issues Involved With Contingent Fee Arrangements In Criminal Defense Practice, Adam Silberlight
Seattle University Law Review
This Article attempts to shed light on the use of a contingent fee arrangement in criminal defense, and offers differing views pertaining to this topic. First, this Article will generally describe what a contingent fee is. Second, the role and potential application of the contingent fee in both criminal and civil settings will be discussed. Third, problems associated with such an arrangement in criminal defense practice will be addressed, as will certain positive aspects of such an arrangement. Finally, this article will discuss how lawmakers could address this issue to ensure that contingency arrangements cannot be abused.
The Ethics Of Advocacy For The Mentally Ill: Philosophic And Ethnographic Considerations, Bruce A. Arrigo, Christopher R. Williams
The Ethics Of Advocacy For The Mentally Ill: Philosophic And Ethnographic Considerations, Bruce A. Arrigo, Christopher R. Williams
Seattle University Law Review
In this Article, we critically address several philosophical underpinnings of ethical decision-making that impact persons with psychiatric disorders. We focus our attention, however, upon an admittedly limited target area. Thus, we canvass a select number of significant issues that pose unique problems for humanity. The purpose of these excursions is that of reflection. In brief, we will speculatively examine: (1) the relationship between human rights and the law; (2) the relationship between mental illness and the law (i.e. the rights of the mentally ill); (3) the ethics of involuntary confinement (i.e., taking away and giving back rights to the mentally …
Family Matters: Nonwaivable Conflicts Of Interest In Family Law, Steven H. Hobbs
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.
The Morality Of Choice: Estate Planning And The Client Who Chooses Not To Choose, Janet L. Dolgin
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.
Dependency And Delegation: The Ethics Of Marital Representation, Naomi Cahn, Robert Tuttle
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 accept …
Love Among The Ruins: The Ethics Of Counseling Happily Married Couples, Teresa Stanton Collett
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 …
Foreword To Symposium On "Should The Family Be Represented As An Entity?": Reexamining The Family Values Of Legal Ethics, Russell G. Pearce
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 families.