Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Legal Ethics and Professional Responsibility (24)
- Health Law and Policy (7)
- Dispute Resolution and Arbitration (5)
- Jurisprudence (4)
- Law and Society (4)
-
- Legal Education (4)
- Medicine and Health Sciences (4)
- Bioethics and Medical Ethics (3)
- Legal Profession (3)
- Science and Technology Law (3)
- Administrative Law (2)
- Criminal Law (2)
- Environmental Law (2)
- International Law (2)
- Judges (2)
- Public Law and Legal Theory (2)
- Rule of Law (2)
- Agency (1)
- Banking and Finance Law (1)
- Commercial Law (1)
- Comparative and Foreign Law (1)
- Constitutional Law (1)
- Contracts (1)
- Courts (1)
- Criminal Procedure (1)
- Estates and Trusts (1)
- Human Rights Law (1)
- Immigration Law (1)
- Insurance Law (1)
- Institution
-
- Fordham Law School (13)
- BLR (5)
- University of Maryland Francis King Carey School of Law (5)
- University of Florida Levin College of Law (4)
- St. Mary's University (3)
-
- Penn State Law (2)
- Selected Works (2)
- SelectedWorks (2)
- American University Washington College of Law (1)
- Chapman University (1)
- Duke Law (1)
- George Washington University Law School (1)
- Georgetown University Law Center (1)
- Georgia State University College of Law (1)
- Maurer School of Law: Indiana University (1)
- New York Law School (1)
- Notre Dame Law School (1)
- Penn State Dickinson Law (1)
- Schulich School of Law, Dalhousie University (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Maine School of Law (1)
- University of Missouri School of Law (1)
- University of Missouri-Kansas City School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of Pennsylvania Carey Law School (1)
- University of South Carolina (1)
- University of Tennessee College of Law (1)
- Washington and Lee University School of Law (1)
- William & Mary Law School (1)
- Publication
-
- Fordham Law Review (8)
- ExpressO (5)
- Fordham Urban Law Journal (5)
- UF Law Faculty Publications (4)
- Faculty Publications (3)
-
- Journal Articles (3)
- Mid-Atlantic Ethics Committee Newsletter (3)
- Scholarly Works (3)
- Faculty Articles (2)
- Faculty Scholarship (2)
- Randy Lee (2)
- All Faculty Scholarship (1)
- American University Law Review (1)
- Articles & Chapters (1)
- Christopher M Fairman (1)
- Dalhousie Law Journal (1)
- Dr. A.V Narsimha Rao (1)
- Faculty Scholarly Works (1)
- Faculty Works (1)
- GW Law Faculty Publications & Other Works (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Georgia State University Law Review (1)
- Indiana Law Journal (1)
- Journal of Health Care Law and Policy (1)
- Law Faculty Articles and Research (1)
- Missouri Law Review (1)
- Scholarly Articles (1)
- St. Mary's Law Journal (1)
- Publication Type
Articles 1 - 30 of 57
Full-Text Articles in Law
Theorizing Agency, Susan Carle
Theorizing Agency, Susan Carle
American University Law Review
Progressive legal scholars today exhibit contrasting views on the scope of legal actors' agency in making "choices" about how to lead their lives. Feminist legal scholar Joan C. Williams, for example, challenges claims that women who leave the paid workforce to stay home with children have made a voluntary choice to take this path. Critical race scholar Ian Haney López, on the other hand, argues that the social construction of racial identity occurs precisely through the many voluntary choices members of both subordinated and dominant racial groups make about matters that implicate racial meanings. Williams contests the idea of voluntary …
California’S New Ethics Standards: A Hot Bed Of Controversy, Rebecca Callahan
California’S New Ethics Standards: A Hot Bed Of Controversy, Rebecca Callahan
ExpressO
The article examines California’s new ethics rules and examines the cases which have been decided to date challenging and applying those rules. The stated goals of the New Ethics Rules are “to inform and protect participants in arbitration, and to promote public confidence in the arbitration process.” This is a laudable goal since arbitration is a private process that is dependent on public acceptance. The heart of the controversy concerning the New Ethics Rules revolves around the practical inconvenience and cost burden associated with compliance. The enclosed article concludes that such a burden goes hand-in-hand with the privilege of being …
Mid-Atlantic Ethics Committee Newsletter, Fall 2005-Winter 2006
Mid-Atlantic Ethics Committee Newsletter, Fall 2005-Winter 2006
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
Law's Ambition And The Reconstruction Of Role Morality In Canada, David M. Tanovich
Law's Ambition And The Reconstruction Of Role Morality In Canada, David M. Tanovich
Dalhousie Law Journal
There is a growing disconnect and alienation between lawyers and the legal profession in Canada. One cause, which is the focus ofthe article, is philosophical in nature. There appears to be a disconnect between the role lawyers want to pursue (i.e., a facilitator of justice) and the role that they perceive the profession demands they play (i.e., a hired gun). The article argues that this perception is a mistaken one. Over the last fifteen years, we have been engaged in a process of role morality reconstruction. Under this reconstructed institutional role, an ethic of client-centred zealous advocacy has slowly begun …
Advertisements Misrepresentation And Remedies, Narsimha Rao A.V
Advertisements Misrepresentation And Remedies, Narsimha Rao A.V
Dr. A.V Narsimha Rao
Advertisements, with their effective designs and statements, influence people in their decision-making. With the exaggerated information, advertisments mislead and dissatisfy the consumer, who in turn becomes a bad advertiser. Due to this, the advertisers face embarrassing situations and pay a heavy price for their mistake. So it is essential to formulate a policy for advertising and make sure they work within the legal framework and in accordance with the codes created for the purpose of maintaining advertisement standards.
Mid-Atlantic Ethics Committee Newsletter, Summer 2005
Mid-Atlantic Ethics Committee Newsletter, Summer 2005
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
Introduction – 21st Century Law, Technology And Ethics: The Lawyer’S Role As A Public Citizen Serving The Public Good, Irma S. Russell
Introduction – 21st Century Law, Technology And Ethics: The Lawyer’S Role As A Public Citizen Serving The Public Good, Irma S. Russell
Faculty Works
The lawyer's role as a "public citizen" also involves a duty to "seek improvement of the law." Changing technology has changed the way lawyers practice law. As public citizens lawyers have an affirmative commitment to the social goal of a just society. Ethical issues arise in the use of technology in society, and lawyers play a central role in social ordering. The idea that advocates in an adversary system have special responsibilities is not new.
Ethics In Government At The Local Level, Vincent R. Johnson
Ethics In Government At The Local Level, Vincent R. Johnson
ExpressO
No abstract provided.
The Jurisprudential Foundation Of Law, Especially International Law: The Basis For True Progess & Reform, Morse Tan
ExpressO
This essay makes a unique case for the existence of justice, higher law and virtue by drawing on classic thinkers from both East and West. It asserts that no better jurisprudential foundation can be found. The need for this foundation emerges more clearly in the international context, but it applies to all legal systems.
After introducing the topic, explaining the relevance of this jurisprudence, responding to objections, and critiquing competing approaches, this essay presents pertinent sources from the East. Well-regarded in the East but less known to the West, writers such as Mencius, Tao, Hsuntze, and the Neo Confucianists from …
Can A Good Judge Be A Good Politician - Judicial Elections From A Virtue Ethics Approach, Marie A. Failinger
Can A Good Judge Be A Good Politician - Judicial Elections From A Virtue Ethics Approach, Marie A. Failinger
Missouri Law Review
In this Article, I argue that direct judicial elections, at least to the extent that they mimic other general elections, are not the wisest course for selecting judges, though not precisely for the usual reasons cited by commentatorse.g., that lawyers are in a better position to evaluate the merits of judicial candidates than the public because they are less likely to be swayed by singleissue politics or irrelevant matters.8 In fact, it seems to me that both the perspectives of the practicing bar and the public are necessary to hold judges accountable. For example, a lawyer may be in a …
Mid-Atlantic Ethics Committee Newsletter, Spring 2005
Mid-Atlantic Ethics Committee Newsletter, Spring 2005
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
Faculty Ethics In Law School: Shirking, Capture, And "The Matrix", Jeffrey L. Harrison
Faculty Ethics In Law School: Shirking, Capture, And "The Matrix", Jeffrey L. Harrison
UF Law Faculty Publications
The primary focus of this essay is the ethical dimension of the decisions faculty governance requires law professors to make. This essay is devoted to the proposition that conditions are ideal for most law schools to be governed for the benefit of the faculty at the expense of the welfare of students and others (stakeholders) who expect to be served by the law school. This section also suggests that faculty shirking, if it occurs, stems primarily from a lack of respect for those whom the law school serves. Section II addresses the second step. Having described shirking and capture in …
Watch Out For Whistleblowers, Leslie C. Griffin
On Integrity: Some Considerations For Water Law, Christine A. Klein
On Integrity: Some Considerations For Water Law, Christine A. Klein
UF Law Faculty Publications
Expanding upon the aspects of integrity protected under the Clean Water Act, this Article will explore the relevance to water law of chemical,physical, ecosystem, social, and ethical integrity. Just as the Clean Water Act intended to prevent unacceptable "perturbations" of ecosystems, so also this Article will consider the extent to which the law itself may work an unacceptable perturbation of fundamental hydrologic and social principles. In many instances, water policy compartmentalizes the law in ways that have little to do with hydrologic reality and in ways that are antithetical to wholeness and integrity. Examples include the legal bifurcation of surface …
Attorney Liability For Tortious Interference: Interference With Contractual Relations Or Interference With The Practice Of Law?, Alex B. Long
Scholarly Works
Allowing individuals to bring tortious interference claims against opposing attorneys for conduct occurring during the representation of a client and that lies close to the core of what it means to practice law presents courts with particularly challenging policy choices. The defendant-attorney's conduct in such cases may involve the filing of a lawsuit, pre-trial settlement strategy, the use of the rules regarding conflicts of interest to disqualify opposing counsel, and questionable trial tactics. The primary concern with permitting interference claims in this context is the potential for such claims to chill legitimate advocacy. However, if properly defined, interference claims, and …
The Ethics Of Cause Lawyering: An Examination Of Criminal Defense Lawyers As Cause Lawyers, Margareth Etienne
The Ethics Of Cause Lawyering: An Examination Of Criminal Defense Lawyers As Cause Lawyers, Margareth Etienne
ExpressO
Criminal defense attorneys are often motivated by an intricate set of moral and ideological principles that belie their reputations as amoral (if not immoral) “hired guns” who would do anything to get their guilty clients off. Using empirical data from interviews with forty criminal defense attorneys I explore the motivations that inform their decisions to enter the field of criminal defense and the values that influence the manner in which they do their jobs. I conclude that many criminal defense attorneys are in fact cause lawyers who are committed to individual clients but also the “cause” of legal reform in …
Facing Ethical Issues With Law Students In An Adversary Context, Marjorie L. Girth
Facing Ethical Issues With Law Students In An Adversary Context, Marjorie L. Girth
Georgia State University Law Review
No abstract provided.
The Immorality Of Denial, Jonathan R. Cohen
The Immorality Of Denial, Jonathan R. Cohen
UF Law Faculty Publications
This article is the first of a two-part series critically examining the role of lawyers in assisting clients in denying responsibility for harms they have caused. If a person injures another, the moral response is for the injurer actively to take responsibility for what he has done. In contrast, the common practice within our legal culture is for injurers to deny responsibility for harms they commit. The immoral, in other words, has become the legally normal. In this Article, Professor Cohen analyzes the moral foundations of responsibility-taking. He also explores the moral, psychological, and spiritual risks to injurers who knowingly …
The Jurisprudential Foundation Of Law, Especially International Law: The Basis For True Progress & Reform, Morse Hyun-Myung Tan
The Jurisprudential Foundation Of Law, Especially International Law: The Basis For True Progress & Reform, Morse Hyun-Myung Tan
ExpressO
This essay makes a unique case for the existence of justice, higher law and virtue by drawing on classic thinkers from both East and West. It asserts that no better jurisprudential foundation can be found. The need for this foundation emerges more clearly in the international context, but it applies to all legal systems.
After introducing the topic, explaining the relevance of this jurisprudence, responding to objections, and critiquing competing approaches, this essay presents pertinent sources from the East. Well-regarded in the East but less known to the West, writers such as Mencius, Tao, Hsuntze, and the Neo Confucianists from …
A Proposed Model Rule For Collaborative Law, Christopher M. Fairman
A Proposed Model Rule For Collaborative Law, Christopher M. Fairman
Christopher M Fairman
No abstract provided.
Using Our Brains: What Cognitive Science And Social Psychology Teach Us About Teaching Law Students To Make Ethical, Professionally Responsible, Choices, Alan Lerner
All Faculty Scholarship
Throughout our lives, below the level of our consciousness, each of us develops values, intuitions, expectations, and needs that powerfully affect both our perceptions and our judgments. Placed in situations in which we feel threatened, or which implicate our values, our brains, relying on those implicitly learned, emotionally weighted, memories, may react automatically, without reflection or the opportunity for reflective interdiction. We can "downshift," to primitive, self-protective problem solving techniques. Because these processes operate below the radar of our consciousness, automatic, "emotional" reaction, rather than thoughtful, reasoned analysis may drive our responses to stressful questions of ethics and professional responsibility.
Reflections On The Practice Of Law As A Religious Calling, From A Perspective Of Jewish Law And Ethics, Samuel J. Levine
Reflections On The Practice Of Law As A Religious Calling, From A Perspective Of Jewish Law And Ethics, Samuel J. Levine
Scholarly Works
This Essay is based on introductory remarks Levine delivered at the inaugural conference of the Pepperdine Institute on Law, Religion, and Ethics, "Can the Ordinary Practice of Law be a Religious Calling?," held on February 6-7, 2004 at Pepperdine University School of Law. In thinking about the practice of law as a religious calling, Levine argues that we should first consider the broader issue of the general relevance of religion to various areas of life, including work. From a perspective of Jewish law and ethics, moral conduct comprises an imperative at home and at the workplace no less than at …
Merit Vs. Ideology, Michael J. Gerhardt
Bad Writing: Some Thoughts On The Abuse Of Scholarly Rhetoric, Jethro K. Lieberman
Bad Writing: Some Thoughts On The Abuse Of Scholarly Rhetoric, Jethro K. Lieberman
Articles & Chapters
Like most kinds of writing, academic writing rarely shines, but far more often than ordinary writing scholarly prose is murky and impenetrable. This brief jeu d'esprit considers several forms of bad writing, rejecting the claim, increasingly made in academic quarters, that "difficult writing" is necessary to the scholarly enterprise. Bloated, foggy, and enigmatic prose masquerades as profundity that escapes conventional mental grooves. In fact it is useless, unethical, and taken far enough, evil.
Drafting Attorneys As Fiduciaries: Fashioning An Optimal Ethical Rule For Conflicts Of Interest, Paula A. Monopoli
Drafting Attorneys As Fiduciaries: Fashioning An Optimal Ethical Rule For Conflicts Of Interest, Paula A. Monopoli
Faculty Scholarship
The American Bar Association recently revised the ethical rules that govern lawyers. Its Ethics 2000 Commission proposed a number of changes to the Model Rules of Professional Conduct, including revisions to the rules that affect how the profession handles conflicts of interest in the area of attorneys who draft instruments that name themselves as fiduciaries. The intersection of these changes, with their subsequent clarification by an ABA opinion issued in May 2002, has broad implications for attorneys practicing in this area. Given the increasing elderly population, the trillions of dollars that they are transferring to their baby-boomer children, and the …
Alleged Conflicts Of Interest Because Of The “Appearance Of Impropriety”, Ronald D. Rotunda
Alleged Conflicts Of Interest Because Of The “Appearance Of Impropriety”, Ronald D. Rotunda
Law Faculty Articles and Research
No abstract provided.
The Vocation Of International Arbitrators, Catherine A. Rogers
The Vocation Of International Arbitrators, Catherine A. Rogers
Journal Articles
This Essay examines the vocation of the international arbitrator. I begin by evaluating, under sociological frameworks developed in literature on Weberian theories of the professions, how the arbitration community is organized and regulated. Arbitrators operate in a largely private and unregulated market for services, access to which is essentially controlled by what might be considered a governing cartel of the most elite arbitrators. I conclude my description with an account of how recently international arbitrators have begun to display a professional impulse, meaning efforts to present themselves as a profession to obtain the benefits of professionalization. Professional status is often …
Regulating International Arbitrators: A Functional Approach To Developing Standards Of Conduct, Catherine A. Rogers
Regulating International Arbitrators: A Functional Approach To Developing Standards Of Conduct, Catherine A. Rogers
Journal Articles
Some scholars have protested that arbitrators are subject to less exacting regulation than barbers and taxidermists. The real problem with international arbitrators, however, is not that they are subject to less regulation, but that no one agrees about how they should be regulated. The primary reason for judicial and scholarly disagreement is that, instead of a coherent theory, analysis of arbitrator conduct erroneously relies on a misleading judicial referent and a methodologic failure to separate conduct standards (meaning those norms or rules that guide arbitrators' professional conduct) from enforcement standards (meaning those narrow grounds under which an arbitral award can …
Grounding Normative Assertions: Arthur Leff's Still Irrefutable, But Incomplete, "Sez Who?" Critique, Samuel W. Calhoun
Grounding Normative Assertions: Arthur Leff's Still Irrefutable, But Incomplete, "Sez Who?" Critique, Samuel W. Calhoun
Scholarly Articles
The late Professor Arthur Leff believed that standard methods for grounding normative assertions fail to provide a solid foundation for moral judgment because none provides a satisfactory answer to what Leff called the grand 'sez who?' - a universal taunt by which a skeptic may challenge the standing/competency of the speaker to make authoritative moral assessments. Leff argued that as a matter of logic no system of morals premised in mankind alone ever could withstand the taunt. His provocative conclusion was that the only unchallengeable response to the grand 'sez who?' is God sez.
This Article demonstrates the continued relevance …
Ethics, Science, And The Law Of Capital Punishment, Fredrick R. Bieber
Ethics, Science, And The Law Of Capital Punishment, Fredrick R. Bieber
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.