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Articles 1 - 30 of 31
Full-Text Articles in Law
Mid-Atlantic Ethics Committee Newsletter, Fall-Winter 2001
Mid-Atlantic Ethics Committee Newsletter, Fall-Winter 2001
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
Traits And Tools For Ethical Environmental Advocates In Florida, Brion L. Blackwelder
Traits And Tools For Ethical Environmental Advocates In Florida, Brion L. Blackwelder
Faculty Scholarship
No abstract provided.
Mid-Atlantic Ethics Committee Newsletter, Summer 2001
Mid-Atlantic Ethics Committee Newsletter, Summer 2001
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
Tainted Prosecution Of Tainted Claims: The Law, Economics, And Ethics Of Fighting Medical Fraud Under The Civil False Claims Act, Dayna Bowen Matthew
Tainted Prosecution Of Tainted Claims: The Law, Economics, And Ethics Of Fighting Medical Fraud Under The Civil False Claims Act, Dayna Bowen Matthew
Indiana Law Journal
No abstract provided.
Embryonic Stem Cell Research As An Ethical Issue: On The Emptiness Of Symbolic Value, Kevin Quinn
Embryonic Stem Cell Research As An Ethical Issue: On The Emptiness Of Symbolic Value, Kevin Quinn
Faculty Publications
The ability to generate a wide variety of stem cell lines (in relatively renewable tissue cultures) opens up a whole new world of breathtaking possibilities for science and medicine. The possibilities include: "in vitro studies of normal embryo-genesis, human gene discovery, and drug and teratogen testing and as a renewable source of cells for tissue transplantation, cell replacement, and gene therapies." But it also opens up a world of complications.
Human EG and ES cells must be recovered from aborted fetuses or live embryos. Because primordial gonadal tissue is removed from fetuses after their death, the derivation of EO cells …
Reconceptualizing The Expert Witness: Social Costs, Current Controls And Proposed Responses, Jeffrey L. Harrison
Reconceptualizing The Expert Witness: Social Costs, Current Controls And Proposed Responses, Jeffrey L. Harrison
UF Law Faculty Publications
Unlike virtually any other business, expert witnesses are not typically held accountable in either tort or contract law for their commercial activities. This means that many are inclined to deliver what the market demands - partisan, biased, or plainly dishonest testimony - without concern for the costs this testimony may impose on others. This immunity from the internalization of the social cost of their testimony is hard to reconcile with any moral or economic standard. Harsh judicial reactions to some experts and a slight increase in expert witness liability may signal that a change in the privileged status of experts …
Mid-Atlantic Ethics Committee Newsletter, Spring 2001
Mid-Atlantic Ethics Committee Newsletter, Spring 2001
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
When People Are The Means: Negotiating With Respect, Jonathan R. Cohen
When People Are The Means: Negotiating With Respect, Jonathan R. Cohen
UF Law Faculty Publications
Most scholarship on negotiation ethics has focused on the topics of deception and disclosure. In this Article, I argue for considering a related, but distinct, ethical domain within negotiation ethics. That domain is the ethics of orientation. In contrast to most forms of human interaction, a clear purpose of negotiation is to get the other party to take an action on one's behalf, or at least to explore that possibility. This gives rise to a core ethical tension in negotiation that I call the object-subject tension: how does one reconcile the fact that the other party is a potential means …
Session One: Limits On Misleading Conduct, Thomas Zlaket, William Reece Smith Jr., Nathan Crystal, Amy R. Mashburn
Session One: Limits On Misleading Conduct, Thomas Zlaket, William Reece Smith Jr., Nathan Crystal, Amy R. Mashburn
UF Law Faculty Publications
A Transcript Featuring the Honorable Thomas Zlaket, Wm. Reece Smith, Jr., Esq., Professor Nathan Crystal, and Professor Amy Mashburn, Moderator from the symposium - Ethical Issues in Settlement Negotiations, Session One: Limits on Misleading Conduct.
Professionalism Lost: Where Have You Gone Atticus Finch? Our Nation Turns Its Lonely Eyes To You..., Beau James Brock
Professionalism Lost: Where Have You Gone Atticus Finch? Our Nation Turns Its Lonely Eyes To You..., Beau James Brock
Beau James Brock
Attorney are only, as a group, what the public preceives us to be. Whether that be as knights in shining armor or as something far less noble.
Human Rights And Business Ethics: Fashioning A New Social Contract, Wesley Cragg
Human Rights And Business Ethics: Fashioning A New Social Contract, Wesley Cragg
New England Journal of Public Policy
The author speaks about the social contract which is a general understanding of respective responsibilities in complex societies and traces its impact from the Declaration of Independence to more recent times.
From Buchanan To Button: Legal Ethics And The Naacp (Part Ii), Susan Carle
From Buchanan To Button: Legal Ethics And The Naacp (Part Ii), Susan Carle
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Litigating Ethics Issues In Land Use: 2000 Trends And Decisions, Patricia E. Salkin
Litigating Ethics Issues In Land Use: 2000 Trends And Decisions, Patricia E. Salkin
Scholarly Works
No abstract provided.
Race Prosecutors, Race Defenders, Anthony V. Alfieri
The Word And The Law, By Milner S. Ball (Book Review), Emily A. Hartigan
The Word And The Law, By Milner S. Ball (Book Review), Emily A. Hartigan
Faculty Articles
Milner Ball’s The Word and the Law has become a widely quoted work, and has already taken its place in the continuing tale of law and religion. The text presents itself in typical Ball fashion: richly and eloquently written, densely noted with weighty references, alive with stories and the voices of those with whom Ball has conversed.
A striking innovation in this book is Ball’s creation of a space in his text for the stories of those who are both his peers and not his peers, giving over the “pulpit” to women, edgy Jews, and Native Americans, all of whom …
A Plea For Rationality And Decency: The Disparate Treatment Of Legal Writing Faculties As A Violation Of Both Equal Protection And Professional Ethics, Peter Brandon Bayer
A Plea For Rationality And Decency: The Disparate Treatment Of Legal Writing Faculties As A Violation Of Both Equal Protection And Professional Ethics, Peter Brandon Bayer
Scholarly Works
This article builds on the work of others by demonstrating that as a matter of academic ethics, informed by cardinal legal standards of decency, the disparate treatment and adverse terms and conditions imposed on writing professors are not simply unfair but defy the ethical aspirations of American law schools. Specifically, as the construct for analysis, this article establishes and utilizes the proposition that the discordant status of legal writing professors fails to satisfy minimal professional ethics. As a model, this article shows that it is not even minimally rational under the Equal Protection Clause of the United States Constitution, our …
Some Ethical Issues Surrounding Mediation, Robert P. Burns
Some Ethical Issues Surrounding Mediation, Robert P. Burns
Fordham Law Review
No abstract provided.
Middle-Class Lawyering In The Age Of Alzheimer's: The Lawyer's Duties In Representing A Fiduciary, Patrick Emery Longan
Middle-Class Lawyering In The Age Of Alzheimer's: The Lawyer's Duties In Representing A Fiduciary, Patrick Emery Longan
Fordham Law Review
No abstract provided.
Ethics Beyond The Horizon: Why Regulate The Global Practice Of Law?, Christopher J. Whelan
Ethics Beyond The Horizon: Why Regulate The Global Practice Of Law?, Christopher J. Whelan
Vanderbilt Journal of Transnational Law
This Article explores whether global self-regulation of the legal profession is desirable. The Author explains that as global law practice has grown over the past decade, so has the desire to formulate global rules of professional responsibility. The Article focuses on large law firms offering transnational legal services in many countries. The Author addresses whether and for whom the aspiration to deliver core values at the global level is desirable. He does so by comparing the rhetoric of global self-regulation with the reality of global law practice. In reality, the global law practice has undermined the power of nation states …
Lessons Taught By Miss Evers' Boys: The Inadequacy Of Benevolence And The Need For Legal Protection Of Human Subjects In Medical Research , Donald H.J. Hermann
Lessons Taught By Miss Evers' Boys: The Inadequacy Of Benevolence And The Need For Legal Protection Of Human Subjects In Medical Research , Donald H.J. Hermann
Journal of Law and Health
The Tuskegee study is perhaps the most notorious example of abuse in medical research in the United States. It is significant that the project was not ended until twenty-five years after the adoption of the Nuremberg Code of 1948, the first article of which establishes its principle that human subjects should not be experimented on without their consent. Continuing concern about the ethics of medical and scientific research have been fueled by finding about other research abuse such as the radiation experiments in the 1940's and 1950's that involved subjects being injected with plutonium without their knowledge and feeding radioactive …
Making Clinical Trials Safer For Human Subjects, Michael S. Baram
Making Clinical Trials Safer For Human Subjects, Michael S. Baram
Faculty Scholarship
Clinical trials, in which new biotech and other medical products are tested on human subjects, provide much of the data used by the FDA to determine whether the products are suitable for routine use in health care. Thus, the trials are of obvious importance to medical progress and improvement of public health, and to those who have career and financial interests at stake. But clinical trials are also important to the human subjects involved because the products being tested on them may remedy their illnesses, but may also pose risks since the products have usually not been previously tested on …
Report Of The Ethics And Professionalism Working Group, Nanette Schrandt
Report Of The Ethics And Professionalism Working Group, Nanette Schrandt
Fordham Law Review
No abstract provided.
The Prudent Prosecutor, Leslie C. Griffin
Two Observations On Holocaust Claims, William W. Bratton
Two Observations On Holocaust Claims, William W. Bratton
All Faculty Scholarship
No abstract provided.
2001 Cardozo Life (Winter), Benjamin N. Cardozo School Of Law
2001 Cardozo Life (Winter), Benjamin N. Cardozo School Of Law
Cardozo Life
Table of Contents:
Around Campus, page 3
Faculty Briefs, page 11
Election 2000, page 15
Derrida on the Death Penalty, page 22
Ethics, Zealous Advocacy, and the Criminal Defense Attorney, page 24
Making a Real Difference in Criminal Law, page 28
Alumni News & Notes, page 34
Full Legal Representation For The Poor: The Clash Between Lawyer Values And Client Worthiness, Michelle S. Jacobs
Full Legal Representation For The Poor: The Clash Between Lawyer Values And Client Worthiness, Michelle S. Jacobs
UF Law Faculty Publications
This article seeks to expand the scope of our understanding of values and their connection to the work of poverty lawyers. The article explores the literature on poverty and moral worthiness. In order to bring clarity to the discussion, it examines social science research on defining "values" and detailing how they can affect behavior. Prof. Jacobs describes the reactions of clinical students to a classroom exercise, which asked them to describe the legal representation they would provide to hypothetical clients. This article describes how the link between students' values and broader societal beliefs affect the practices of the bar and …
Ending Illegitimate Advocacy: Reinvigorating Rule 11 Through Enhancement Of The Ethical Duty To Report, Lonnie T. Brown, Jr.
Ending Illegitimate Advocacy: Reinvigorating Rule 11 Through Enhancement Of The Ethical Duty To Report, Lonnie T. Brown, Jr.
Scholarly Works
This article seeks to draw attention to certain ethical misconduct of litigators that is routinely accepted, tolerated, or ignored by the legal profession. Though there are other examples, the author focuses on conduct prohibited by Federal Rule of Civil Procedure 11. In particular, the author concentrates on that rule's so-called “safe harbor” provision, which he argues serves to insulate, and possibly encourage, illegitimate advocacy in the form of the assertion and maintenance of frivolous claims, defenses, or other contentions ironically, the very conduct that the rule was ostensibly intended to deter. Regardless of the frequency of this sort of misbehavior, …
Adr And The Professional Responsibility Of Lawyers, Jacqueline M. Nolan-Haley, Robert F. Cochran Jr., Stephen K. Huber, Kimberlee K. Kovach
Adr And The Professional Responsibility Of Lawyers, Jacqueline M. Nolan-Haley, Robert F. Cochran Jr., Stephen K. Huber, Kimberlee K. Kovach
Fordham Urban Law Journal
Should the meaning of "ethical" lawyering change in the ADR context? This article contains several essays arguing that change is needed, that current ethics rules and codes must be adjusted, and new rules must be drafted that respond to the subtleties and complexities of the issues raised in ADR legal practice. Professor Carrie Menkel-Meadow provides an overview of the major ethical issues facing lawyers in ADR practice and reviews the current ethics rules landscape in ADR. Professor Robert Cochran offers a proposal to amend the current professional responsibility rules to include a mandate for advising clients of ADR options. Professor …
The Rights Of The Adolescent: The Mature Minor, Roxanne Mykitiuk, Victoria J. Davis
The Rights Of The Adolescent: The Mature Minor, Roxanne Mykitiuk, Victoria J. Davis
Articles & Book Chapters
Health care providers who treat adolescents may also be required to diagnose and treat the reproductive health conditions of minor patients and to facilitate health prevention measures, including contraception and testing for sexually transmitted diseases. Teens who do not want their parents to know about their sexual behaviour may consult a health care provider for reproductive or sexual health care services and treatment without parental knowledge or consent. This may present legal and ethical dilemmas for health care providers. Common law recognizes that adolescents under the legal age of majority who are sufficiently mature (the mature minor) may have the …
Commentary On Economic And Ethical Reasons For Protecting Data, Wendy J. Gordon
Commentary On Economic And Ethical Reasons For Protecting Data, Wendy J. Gordon
Faculty Scholarship
Like Jane Ginsburg, I would like to drop back a bit, to talk about more general principles. Essentially, both of our primary speakers focused on a distinction between property and non-property modes of protecting data. I would like to highlight the economic and ethical reasons for maintaining that distinction.