Law Commons^™

The Prudent Prosecutor, Leslie C. Griffin

Scholarly Works

No abstract provided.

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 …

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.

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, …

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.

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

Articles

No abstract provided.

Equality And Affiliation As Bases Of Ethical Responsibility, Geoffrey C. Hazard Jr.

Louisiana Law Review

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Fall-Winter 2000

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Introduction: The Ben J. Altheimer Symposium: Media Law And Ethics Enter The 21st Century, Richard J. Peltz

University of Arkansas at Little Rock Law Review

No abstract provided.

Annotating The News: Mitigating The Effects Of Media Convergence And Consolidation, Eric Easton

All Faculty Scholarship

This essay is a personal inquiry into the nature of media technology, law, and ethics in an era marked by the convergence of media that have been largely separate-print, broadcast, cable, satellite, and the Internet-and by the consolidation of ownership in all of these media. What inventions, practices, and norms must emerge to enable us to take advantage of this vast new information-based world, while preserving such important professional values as diversity, objectivity, reliability, and independence?

The right to know belongs not only to individuals, but to the public at large, it can (or, perhaps, must) be vindicated by government …

Mid-Atlantic Ethics Committee Newsletter, Summer 2000

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Apology And Organizations: Exploring An Example From Medical Practice, Jonathan R. Cohen

UF Law Faculty Publications

In this Article, I focus on injuries committed by members of organizations, such as corporations, and examine distinct issues raised by apology in the organizational setting. In particular, I consider: (i) the process of learning to prevent future errors; (ii) the divergent interests stemming from principal-agent tensions in employment, risk preferences and sources of insurance; (iii) the non-pecuniary benefits to corporate morale, productivity and reputation; (iv) the standing and scope of apologies; and (v) the articulation of policies toward injuries to others.

Of Law, Lawlessness, And Sovereignty : Multinational Peacekeeping And International Law, Antje Mays

Dacus Library Faculty Publications

Laws of war have been carefully defined by individual nations’ own codes of law as well as by supranational bodies. Yet the international scene has seen an increasing movement away from traditionally declared war toward multinational peacekeeping missions geared at containing local conflicts when perceived as potential threats to their respective regions’ political stability. While individual nations’ laws governing warfare presuppose national sovereignty, the multinational nature of peacekeeping scenarios can blur the lines of command structures, soldiers’ national loyalties, occupational jurisdiction, and raise profound questions as to which countries’ moral sense/governmental system is to be the one upheld. Historically increasingly …

Mid-Atlantic Ethics Committee Newsletter, Spring 2000

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

A Strategy For Mercy, Robert L. Misner

William & Mary Law Review

No abstract provided.

Moral Foundations Of Military Service, Martin L. Cook

The US Army War College Quarterly: Parameters

No abstract provided.

Genetic Research: Are More Limitations Needed In The Field, Kristie Sosnowski

Journal of Law and Health

This Note will focus on the medical achievements that have been made, in large part, because of advances in genetic research. Specifically, this Note will focus on the genetic advances associated with the Human Genome Project, Gene Therapy, Genetic Testing, and Human Embryonic Stem Cell Research. The last year of the twentieth century brought scientists one step closer to the successful completion of the Human Genome Project. The Human Genome Project is a government-funded project with the underlying goal of sequencing and mapping the entire human genome. Scientists believe that the completion of this project will aid them in answering …

Forgiveness And Public Trust, Linda Ross Meyer

Fordham Urban Law Journal

A discussion of forgiveness and its relation to the community as a whole. The author argues that forgiveness is not merely personal, emotional, nor private, but rather that forgiveness grounds the basic trust which binds the community together.

Forgiveness And Justice, Benjamin C. Zipursky

Fordham Urban Law Journal

A panel discussion of professors and audience members, discussing whether forgiveness has a place in the law and what that place is. Includes comments by panelists Benjamin C. Zipursky (moderator), Douglas B. Ammar, John Q. Barrett, Frederick W. Gay, David M. Lerman and Margaret Colgate Love, as well as comments and questions from audience members.

Forgiveness And The Law - A Redemptive Opportunity, Douglas B. Ammar

Fordham Urban Law Journal

A discussion of the role of forgiveness in criminal law. The author relates the approach of the Georgia Justice Project, a nonprofit organization whose mission is to provide justice to indigent criminal defendants and help them become productive citizens.

Personal Rights And Rule Dependence: Can The Two Co-Exist?, Matthew D. Adler

Faculty Scholarship

Constitutional doctrine is typically "rule-dependent." Typically, a constitutional litigant will not prevail unless she can show that a particular kind of legal rule is in force, e.g., a rule that discriminates against "suspect classes" in violation of the Equal Protection Clause, or that targets speech in violation of the First Amendment, or that is motivated by a religious purpose in violation of the Establishment Clause. Further, the litigant must typically establish a violation of her "personal rights." The Supreme Court has consistently stated that a reviewing court should not invalidate an unconstitutional governmental action at the instance of a claimant …

Rights And Rules: An Overview, Matthew D. Adler, Michael C. Dorf

Faculty Scholarship

No abstract provided.

Book Review: The Problematics Of Moral And Legal Theory, Matthew D. Adler

Faculty Scholarship

Reviewing, Richard A. Posner, The Problematics of Moral and Legal Theory (1999)

Ethics, Loyalty And Harm To Third Parties: A Debate Based On Spaulding V. Zimmerman, Lloyd B. Snyder, Scott Rawlings

Law Faculty Articles and Essays

This discussion poses the question: should an attorney ever provide information to an opposing party to prevent that party from suffering great harm if the information will have an adverse effect on the attorney's own client? The case that sets the stage for this discussion is Spaulding v. Zimmerman, 243 Minn. 346 (1962).

The Virtues And Limits Of Codes In Legal Ethics, Vincent R. Johnson

Faculty Articles

In the absence of codified standards of ethics, the ethical quality of law practice would degenerate into inconsistency and unpredictability. The presence of an ethics code can unduly burden and limit the practice of law. However, ethics codes should not be thought of as tools to ensure the law is practiced humanely. Instead, they should be viewed as attempts to ameliorate the impediments to a humane practice and to call lawyers to that goal.

Tom Schaffer, a scholar and professor of Ethics at Notre Dame, lamented the fact that the codification of standards of attorney conduct could induce lawyers to …

Who Stole The Cookie From The Cookie Jar?: The Law And Ethics Of Shifting Blame In Criminal Cases, Ellen Y. Suni

Faculty Works

Denials are a basic and often automatic response to an allegation that we have committed some wrong. Every parent has heard not me more times than he or she wants to acknowledge. The not me response is instinctive in young children, but as we mature, we learn that not me is often followed by the question: If not you, then who? Accordingly, we discover that denial is not nearly as effective unless we shift the blame to someone else. This phenomenon of childhood applies with equal force in criminal cases, where a defendant has been accused of wrongdoing. Where that …

Forgiveness And Justice, Benjamin C. Zipursky

Fordham Urban Law Journal

A panel discussion of professors and audience members, discussing whether forgiveness has a place in the law and what that place is. Includes comments by panelists Benjamin C. Zipursky (moderator), Douglas B. Ammar, John Q. Barrett, Frederick W. Gay, David M. Lerman and Margaret Colgate Love, as well as comments and questions from audience members.

Forgiveness And The Law, Martha Minow

Fordham Urban Law Journal

A discussion of the role of forgiveness in the law, substituting forgiveness for the law, and whether or not the law can or should pursue higher moral ambitions

A Dialogue Concerning Heresies, Jack L. Sammons

Fordham Urban Law Journal

A modernization of St. Thomas More's famous 1529 "Dialogue Concerning Heresies." A fictional "Judge More" defends the legal profession against the zeal of legal ethicists.