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Full-Text Articles in Law
Judging Jena's Da: The Prosecutor And Racial Esteem, Andrew Taslitz
Judging Jena's Da: The Prosecutor And Racial Esteem, Andrew Taslitz
Andrew E. Taslitz
In the Jena 6 case, six African-American high school students were arrested for assault charges allegedly arising out of a series of confrontations between black and white students stemming from a black student's sitting under the "white tree" on school grounds. The Jena prosecutor successfully arranged for one of the Jena 6 to be tried as an adult, where he was convicted and exposed to the potential of a very harsh sentence. The prosecutor did not, however, proceed, or not proceed as harshly, against several white students who were purportedly involved in violence or threats of violence against black students. …
Placebo Ethics, Usha Rodrigues, Mike Stegemoller
Placebo Ethics, Usha Rodrigues, Mike Stegemoller
Usha Rodrigues
While there are innumerable theories on the best remedy for the current financial crisis, there is agreement on one point, at least: increased transparency is good. We look at a provision from the last round of financial regulation, the Sarbanes Oxley Act of 2002 (“SOX”), which imposed disclosure requirements tailored to prevent some of the kinds of abuses that led to the downfall of Enron. In response to Enron’s self-dealing transactions, Section 406 of SOX required a public company to disclose its code of ethics and to disclose immediately any waivers from that code the company grants to its top …
Beyond Cardboard Clients In Legal Ethics, Katherine R. Kruse
Beyond Cardboard Clients In Legal Ethics, Katherine R. Kruse
Katherine R Kruse
Historically, legal ethics has been preoccupied with the moral conflicts that arise when the pursuit of a client’s interests requires a lawyer to harm innocent third parties, undermine the truth-seeking norms of the legal system, or both. But is over-zealous loyalty to clients really the biggest problem in legal professionalism? This Article argues that it is not. Rather, the obsession in legal ethics with the problems of zealous partisanship dates back to the preference of early legal ethicists—many of whom were philosophers—to focus on conflicts between professional role morality and ordinary morality. To generate these conflicts, legal ethicists had to …
"To Be Or Not To Be" Responsible: The Effectiveness Of Media's Codes Of Ethics As Checks On Biased Reporting, Blake D. Morant
"To Be Or Not To Be" Responsible: The Effectiveness Of Media's Codes Of Ethics As Checks On Biased Reporting, Blake D. Morant
Blake D Morant
“To Be or Not to Be” Responsible: The Effectiveness of the Media’s Codes of Ethics as Checks on Biased Reporting Blake D. Morant Dean and Professor of Law Wake Forest University School of Law “Media bias” has become a clichéd expression. Despite the phrase’s cavalier use by some to minimize the industry’s influence, biased reporting remains an omnipresent cloud on media’s legitimacy as the fourth estate. Polemic issues related to race, gender or traditionally disadvantaged groups, particularly when covered sensationally by news media, exposes problems related to bias and misinformation. This Article deconstructs the problem of media bias through a …
Deep Links: Does Knowledge Of The Law Change Managers’ Perceptions Of The Role Of Law And Ethics In Business?, Gavin Clarkson, Constance E. Bagley
Deep Links: Does Knowledge Of The Law Change Managers’ Perceptions Of The Role Of Law And Ethics In Business?, Gavin Clarkson, Constance E. Bagley
Gavin Clarkson
Can knowledge of the law lead to a higher likelihood of ethical and legally compliant behavior? Our preliminary research suggests that it can. We surveyed 112 MBA students to determine the perception of law as well as to determine whether a course in law had any impact on their perceptions. Our findings suggest that knowledge of the law can prompt managers to become more legally compliant and more socially responsible. Deeper probing with the Zaltman Metaphor Elicitation Technique revealed three deep metaphors of the role of law in business: system, moral balance, and force. The results of both the quantitative …
Beyond The Model Rules: Aristotle, Lincoln, And The Lawyer's Aspirational Drive To An Ethical Practice, Billie J. Ellis, William T. Ellis
Beyond The Model Rules: Aristotle, Lincoln, And The Lawyer's Aspirational Drive To An Ethical Practice, Billie J. Ellis, William T. Ellis
Billie J. Ellis Jr.
Many scholars have criticized the Model Rules for omitting the aspirational ethic of earlier ABA codes, leaving only the minimum, mandatory regulations for conduct. Our article BEYOND THE MODEL RULES: ARISTOTLE, LINCOLN, AND THE LAWYER’S ASPIRATIONAL DRIVE TO AN ETHICAL PRACTICE, offers a new approach to dealing with this "aspirational void" created by the Model Rules, yet it does not engage in the useful yet typical debates regarding this problem, including the need for greater emphasis on ethics in law schools, reform of the ABA, reform of the Model Rules, or the need for a so called professional movement. Rather, …
International Harmonization Of Regulation Of Nanomedicine, Gary E. Marchant, Douglas J. Sylvester, Kenneth W. Abbott, Tara Lynn Danforth
International Harmonization Of Regulation Of Nanomedicine, Gary E. Marchant, Douglas J. Sylvester, Kenneth W. Abbott, Tara Lynn Danforth
Gary E. Marchant
Nanomedicine holds enormous promise for the improved prevention, detection and treatment of disease. Yet, at the same time, countervailing concerns about the potential safety risks of nanotechnologies generally, and nanomedical products specifically, threaten to derail or at least delay the introduction and commercial viability of many nanomedicine applications. All around the globe, national governments are struggling with balancing these competing benefits and risks of nanotechnology in the medical and other sectors. It is becoming increasingly clear that reasonable, effective and predictable regulatory structures will be critical to the successful implementation of nanotechnology. The question examined in this paper is whether …
International Harmonization Of Regulation Of Nanomedicine, Gary E. Marchant, Douglas J. Sylvester, Kenneth W. Abbott, Tara Lynn Danforth
International Harmonization Of Regulation Of Nanomedicine, Gary E. Marchant, Douglas J. Sylvester, Kenneth W. Abbott, Tara Lynn Danforth
Gary E. Marchant
Nanomedicine holds enormous promise for the improved prevention, detection and treatment of disease. Yet, at the same time, countervailing concerns about the potential safety risks of nanotechnologies generally, and nanomedical products specifically, threaten to derail or at least delay the introduction and commercial viability of many nanomedicine applications. All around the globe, national governments are struggling with balancing these competing benefits and risks of nanotechnology in the medical and other sectors. It is becoming increasingly clear that reasonable, effective and predictable regulatory structures will be critical to the successful implementation of nanotechnology. The question examined in this paper is whether …