Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Ethics

Discipline
Institution
Publication Year
Publication
Publication Type
File Type

Articles 1141 - 1170 of 1871

Full-Text Articles in Law

The Physician As Conscientious Objector, J. David Bleich Jan 2002

The Physician As Conscientious Objector, J. David Bleich

Fordham Urban Law Journal

This Article examines the right of doctors to object, because of conflicts with the doctor's own morals, to treatment requested or refused by patients. Focusing mainly on end-of-life care, the author compares court opinions allowing or prohibiting doctors to withhold or withdraw life-sustaining treatment at the request of patients or their surrogates.

Go to article

The Islamic Viewpoint On New Assisted Reproductive Technologies, Hossam E. Fadel Jan 2002

The Islamic Viewpoint On New Assisted Reproductive Technologies, Hossam E. Fadel

Fordham Urban Law Journal

This Article gives a brief overview of Islamic views on assisted reproductive technologies (ARTs). Islamic law is applied to ARTs to determine what may be lawful and/or moral and what may be impermissible. The article examines artificial insemination, in vitro fertilization, surrogacy and cloning.

Go to article

Catholic Teaching And The Law Concerning The New Reproductive Technologies, Helen M. Alvare Jan 2002

Catholic Teaching And The Law Concerning The New Reproductive Technologies, Helen M. Alvare

Fordham Urban Law Journal

This Article sets forth the fundamental teachings from which the Roman Catholic Chruch derives its positions on New Reproductive Technologies (NRTs). It further demonstrates the application of these teachings to some of the specific medical techniques commonly used in the course of NRTs. The Church's legislative recommendations are then summarized.

Go to article

Regulation Of Research With Children: The Evolution From Exclusion To Inclusion, Duane Alexander Jan 2002

Regulation Of Research With Children: The Evolution From Exclusion To Inclusion, Duane Alexander

Journal of Health Care Law and Policy

No abstract provided.

Go to article

Ethical Issues In Conducting Behavioral Genetics Research: The Case Of Smoking Prevention Trials Among Adolescents, Benjamin S. Wilfond, Gail Geller, Janet Audrain-Mcgovern, Caryn Lerman Jan 2002

Ethical Issues In Conducting Behavioral Genetics Research: The Case Of Smoking Prevention Trials Among Adolescents, Benjamin S. Wilfond, Gail Geller, Janet Audrain-Mcgovern, Caryn Lerman

Journal of Health Care Law and Policy

No abstract provided.

Go to article

Keynote: Law, Lawyers, And The Pursuit Of Justice, Deborah L. Rhode Jan 2002

Keynote: Law, Lawyers, And The Pursuit Of Justice, Deborah L. Rhode

Fordham Law Review

No abstract provided.

Go to article

Justice For Intersts Of The Poor: The Problem Of Navigating The System Without Counsel, Deborah J. Cantrell Jan 2002

Justice For Intersts Of The Poor: The Problem Of Navigating The System Without Counsel, Deborah J. Cantrell

Fordham Law Review

No abstract provided.

Go to article

Stricture And Structure: The Social And Cultural Context Of Pro Bono Work In Wall Street Firms, Cynthia Fuchs Epstein Jan 2002

Stricture And Structure: The Social And Cultural Context Of Pro Bono Work In Wall Street Firms, Cynthia Fuchs Epstein

Fordham Law Review

No abstract provided.

Go to article

Judicial Rationalizations For Rationing Justice: How Sixth Amendment Doctrine Undermines Reform, Bruce A. Green Jan 2002

Judicial Rationalizations For Rationing Justice: How Sixth Amendment Doctrine Undermines Reform, Bruce A. Green

Fordham Law Review

No abstract provided.

Go to article

Balancing Client Loyalty And The Public Good In The Twenty-First Century, Nancy J. Moore Jan 2002

Balancing Client Loyalty And The Public Good In The Twenty-First Century, Nancy J. Moore

Fordham Law Review

No abstract provided.

Go to article

Model Rule 1.0: Lawyers Are Morally Accountable, Russell G. Pearce Jan 2002

Model Rule 1.0: Lawyers Are Morally Accountable, Russell G. Pearce

Fordham Law Review

No abstract provided.

Go to article

Professional Commitments In A Changed World, Tanina Rostain Jan 2002

Professional Commitments In A Changed World, Tanina Rostain

Fordham Law Review

No abstract provided.

Go to article

Reforming Law Practice In The Pursuit Of Justice: The Perils Of Privileging "Public" Over Professional Values, Ted Schneyer Jan 2002

Reforming Law Practice In The Pursuit Of Justice: The Perils Of Privileging "Public" Over Professional Values, Ted Schneyer

Fordham Law Review

No abstract provided.

Go to article

Doing Good While Doing Well In The Twenty-First Century: One Cuban's Perspective, Yvonee A. Tamayo Jan 2002

Doing Good While Doing Well In The Twenty-First Century: One Cuban's Perspective, Yvonee A. Tamayo

Fordham Law Review

No abstract provided.

Go to article

Regulation And Responsibility For Lawyers In The Twenty-First Century, Benjamin C. Zipursky Jan 2002

Regulation And Responsibility For Lawyers In The Twenty-First Century, Benjamin C. Zipursky

Fordham Law Review

No abstract provided.

Go to article

Fortifying A Law Firm's Ethical Infrastructure: Avoiding Legal Malpractice Claims Based On Conflicts Of Interest Symposium: Legal Malpractice And Professional Responsibility., Susan Saab Fortney, Jett Hanna Jan 2002

Fortifying A Law Firm's Ethical Infrastructure: Avoiding Legal Malpractice Claims Based On Conflicts Of Interest Symposium: Legal Malpractice And Professional Responsibility., Susan Saab Fortney, Jett Hanna

St. Mary's Law Journal

This article addresses the prevailing problem of malpractice claims based on conflicts of interest. Part I of this article introduces the topic by underscoring the seriousness of all conflicts of interest and recommending preventative action. Part II describes measures that law firms can take to detect and manage conflicts and analyzes the effect of the firm’s ability to avoid conflicts claims on a firm’s ethical infrastructure. Part III focuses on some of the most common conflicts situations that result in malpractice claims and sanctions. The discussion includes selected conflicts cases that illustrate problems and patterns. Part IV concludes by urging …

Go to article

Fit And Functional In Legal Ethics: Developing A Code Of Conduct For International Arbitration, Catherine A. Rogers Jan 2002

Fit And Functional In Legal Ethics: Developing A Code Of Conduct For International Arbitration, Catherine A. Rogers

Michigan Journal of International Law

In this Article, the author develops a methodology for prescribing the normative content of a code of ethics for international arbitration, and in a forthcoming companion article, integrated mechanisms for making those norms both binding and enforceable are proposed. In making these proposals, the author rejects the classical conception of legal ethics as a purely deontological product derived from first principles. This Article argues, instead, that ethics derive from the inter-relational functional role of advocates in an adjudicatory system, and that ethical regulation must correlate with the structural operations of the system. The fit between ethics and function, the author …

Go to article

Ethical And Aggressive Appellate Advocacy: The "Ethical" Issue Of Issue Selection, J. Thomas Sullivan Jan 2002

Ethical And Aggressive Appellate Advocacy: The "Ethical" Issue Of Issue Selection, J. Thomas Sullivan

Law Faculty Scholarship

No abstract provided.

Go to article

The Psychology Of Competence And Informed Consent: Understanding Decision-Making With Regard To Clinical Research, Barry Rosenfeld Jan 2002

The Psychology Of Competence And Informed Consent: Understanding Decision-Making With Regard To Clinical Research, Barry Rosenfeld

Fordham Urban Law Journal

This Article examines the importance of patient autonomy and competence in medical decision making and how questions of competence affect informed consent. The author explores three hypothetical cases which "outline the parameters of 'competence' by illustrating the methodologies used in making [determinations of competence], distinguishing between ethical and legal issues in the assessment of competence, and reviewing the procedures for surrogate decision making when competence is deemed impaired." The cases present questions on when to respect patient autonomy and when it may be appropriate to allow a surrogate to take over decision making.

Go to article

Religious Teachings And Reflections On Advance Directive - Religious Values And Legal Dilemmas In Bioethics: An Islamic Perspective, Faroque A. Khan Jan 2002

Religious Teachings And Reflections On Advance Directive - Religious Values And Legal Dilemmas In Bioethics: An Islamic Perspective, Faroque A. Khan

Fordham Urban Law Journal

This Essay analyses Islamic law and attempts to apply it to issues surrounding end-of-life care. The author concludes that Islam allows physicians to withdraw life-sustaining technologies if there is no hope for a cure, in the effort to prevent prolonged suffering.

Go to article

Response To Avery Cardinal Dulles, John D. Feerick Jan 2002

Response To Avery Cardinal Dulles, John D. Feerick

Fordham Urban Law Journal

Dean Feerick responds to Avery Cardinal Dulles's essay and lecture "Catholic Social Teaching and American Legal Practice," 30 Fordham Urb. L.J., 277 (2002) (available at http://new.fordhamj.org/demonstration/dc/v30/27_30FordhamUrbLJ277(2002-2003).pdf). He expands upon the application of Catholic teachings to legal practice and highlights Fordham Law's implementation of those ideals.

Go to article

Conceptions Of Lawyers' Agency In Legal Ethics Scholarship, Susan D. Carle Jan 2002

Conceptions Of Lawyers' Agency In Legal Ethics Scholarship, Susan D. Carle

Fordham Law Review

No abstract provided.

Go to article

Ethics Counsel's Role In Combating The "Ostrich" Tendency, Susan Saab Fortney Jan 2002

Ethics Counsel's Role In Combating The "Ostrich" Tendency, Susan Saab Fortney

Faculty Scholarship

This article focuses on ethics problems related to hourly billing by analyzing the results of a survey of 1000 randomly selected associates in Texas firms who (1) had been licensed for ten or fewer years as of June 1999, and (2) worked in private law firms with more than ten attorneys (the Associate Survey). This article addresses the need for firm managers to clarify how and what their attorneys should bill. The article reports the results from the Associate Survey relating to billing guidance and ethics systems. From the empirical data, the article identifies a need for supervising attorneys to …

Go to article

The Value Of Rational Nature, Donald H. Regan Jan 2002

The Value Of Rational Nature, Donald H. Regan

Articles

Kant tells us in the Groundwork of the Metaphysics of Morals that rational nature is an end in itself; that it is the only thing which is unconditionally valuable; and that it is the ultimate condition of all value.1 A striking trend in recent Kant scholarship is to regard these value claims, rather than the formalism of universalizability, as the ultimate foundation of Kant’s theory.2 But does rational nature as Kant conceives it deserve such veneration? Can it really carry the world of value on its shoulders? I think not. As will become clear, I do not doubt the value …

Go to article

The Role Of A Lawyer's Morals And Religion When Counseling Clients In Bioethics, Joseph Allegretti Jan 2002

The Role Of A Lawyer's Morals And Religion When Counseling Clients In Bioethics, Joseph Allegretti

Fordham Urban Law Journal

This Article examines how a lawyer may handle conflicts that arise when counseling clients on bioethics issues. Through an exploration of three standard client counseling models - authoritarian, client-centered and collaborative - the author presents suggestions on how to handle a conflict between the lawyer's own moral and religious values and the choices available to the client. The author suggests that lawyers are not barred from incorporating their own values as long as they communicate that decision to the client.

Go to article

Religious Contributions To The Bioethics Debate: Utilizing Legal Rights While Avoiding Scientific Temptations, Steven Goldberg Jan 2002

Religious Contributions To The Bioethics Debate: Utilizing Legal Rights While Avoiding Scientific Temptations, Steven Goldberg

Fordham Urban Law Journal

This Article explores the authors views on the place of religious debate concerning scientific issues. It outlines the author's concerns with religion becoming overshadowed by science, even within relgious communities, and his ideas on how religion may be brought to the forefront.

Go to article

Toward Epistemic Justice: A Response To Professor Goldberg, Dominic J. Balestra Jan 2002

Toward Epistemic Justice: A Response To Professor Goldberg, Dominic J. Balestra

Fordham Urban Law Journal

This Article is a response to Steven Goldberg's article and lecture "Religious Contributions to the Bioethics Debate: Utilizing Legal Rights while Avoiding Scientific Temptations," 30 Fordham Urb. L.J., 35 (2002) (available at http://new.fordhamj.org/demonstration/dc/v30/13_30FordhamUrbLJ35(2002-2003).pdf). The author argues that the question is not the place of values in a world of fact, but the place of facts in a world of values.

Go to article

Assisted Reproductive Technologies And The Constitution, Carl H. Coleman Jan 2002

Assisted Reproductive Technologies And The Constitution, Carl H. Coleman

Fordham Urban Law Journal

This Article discusses potential policies regarding assisted reproductive technologies (ARTs). The initial question is whether ARTs should be viewed as private matters or as issues that affect overall social good. The author explains that this question may be answered by the Supreme Court's interpretation of the principles of procreative liberty. He then examines Supreme Court decisions regarding reproductive rights, including the unstated right to bear children as well as abortion rights. He extrapolates from these cases the Court's possible views on ARTs and what constitutional protections should be afforded reproductive technologies.

Go to article

Protestant Perspectives On The Uses Of The New Reproductive Technologies, Cynthia B. Cohen Jan 2002

Protestant Perspectives On The Uses Of The New Reproductive Technologies, Cynthia B. Cohen

Fordham Urban Law Journal

This Article explores the emerging positions that Protestants may have on new reproductive technologies (NRTs). Although there is no central teaching, there are main points of agreement among Protestants and other Christians regarding the morality of using reproductive technology. The author examines Protestant teachings on the meaning of procreation, the good of the resulting children and the integrity of family bonds to show that these technologies are generally morally acceptable, but with certain limitations.

Go to article

Protestant Perspectives On Informed Consent (Particularly In Research Involving Human Participants), James F. Childress Jan 2002

Protestant Perspectives On Informed Consent (Particularly In Research Involving Human Participants), James F. Childress

Fordham Urban Law Journal

This Article examines Protestant positions on informed consent/refusal regarding the use of human subjects in research. Primarily focusing on the work of Paul Ramsey, a Protestant scholar in science and ethics, the article describes the relationship between the God-man covenant and man-to-man covenants and the consequences thereof. Exploring the line between what Ramsey calls "charity" and "justice," the article finds differences between therapeutic and nontherapeutic research and who may participate with or without consent.

Go to article

First Prev Next Last