Law Commons^™

Incommensurability And Cost-Benefit Analysis, Matthew D. Adler

Faculty Scholarship

No abstract provided.

Our House, Our Rules: The Need For A Uniform Code Of Bankruptcy Ethics, Nancy B. Rapoport

Scholarly Works

This article argues that there should be a separate code of professional responsibility for lawyers in bankruptcy cases.

The Need For New Bankruptcy Ethics Rules: How Can "One Size Fits All" Fit Anybody?, Nancy B. Rapoport

Scholarly Works

Short discussion why dormant, temporary, actual conflicts (DTACs) in bankruptcy cases can't be handled appropriately under state ethics rules.

Legal Services Lawyers And The Influence Of Third Parties On The Lawyer-Client Relationship: Some Thoughts From Scholars, Practitioners, And Courts, Samuel J. Levine

Scholarly Works

Among the challenges facing the lawyer who renders legal services to clients with limited means are ethical and professional questions relating to the influence of third parties on the lawyer-client relationship. Although all lawyers may potentially face ethical dilemmas involving third parties, legal services lawyers are particularly vulnerable to such issues because, unlike most lawyers, legal services lawyers generally rely on the financial support of someone other than their client. These challenges may take many forms, affecting a variety of ethical and professional considerations. Levine examines a number of areas in which bar association committees, scholars, and courts have addressed …

Introductory Note: Symposium On Lawyering And Personal Values – Responding To The Problems Of Ethical Schizophrenia, Samuel J. Levine

Scholarly Works

In recent years, legal practitioners and scholars alike have identified a growing crisis in the legal profession. Increasingly, lawyers feel dissatisfied with the roles they are expected to play and the conduct demanded of them. In particular, many lawyers see a widening gap between their personal values and those employed in legal practice. In response to the dichotomy between personal and professional values, some lawyers attempt to develop a corresponding dichotomy in their personalities, separating the “professional self” from the “personal self.” Such a response, however, may lead to a kind of “ethical schizophrenia,” a condition in which an individual …

Capital Jury And Absolution: The Intersection Of Trial Strategy Remorse And The Death Penalty, Scott E. Sundby

Articles

No abstract provided.

Race Trials, Anthony V. Alfieri

Articles

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Fall-Winter 1997

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Global Responsibilities: Ethics, Public Health, And Global Environmental Change, Dale Jamieson

Indiana Journal of Global Legal Studies

In this article, Professor Dale Jamieson examines the relationship between

climate change and public health from an ethical perspective. He begins by

exploring the link between global environmental change and public health and

concludes that global warming poses a serious potential threat to human

health. Professor Jamieson then questions why the potential health effects of

climate change have received so much attention when the other ramifications

of climate change have been left unaddressed He argues that the combination

of several factors has brought the issue of potential health effects to the

forefront of the climate change debate. One such factor …

Scientific Facts Vs. Political Values, Thomas G. Field Jr.

RISK: Health, Safety & Environment (1990-2002)

Professor Field takes exception to a recent Science editorial.

Human Cloning — Should The United States Legislate Against It, George J. Annas, John Robertson

Faculty Scholarship

Two weeks after Scottish researcher Ian Wilmut told the world in February that he had cloned an adult sheep, he went before the U.S. Senate to say that cloning humans would be unethical and "quite inhumane." He warned Congress, however, against acting rashly to adopt legislation that might stifle biological research.

Unlike Britain, Spain, Germany and Denmark, the United States has no national law that bans the cloning of humans, although President Clinton has ordered a ban on federal funding for human-cloning experiments. Whether there should be a legal ban is one issue before a presidential advisory panel.

As a …

Mid-Atlantic Ethics Committee Newsletter, Spring 1997

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

A Case For Compulsory Legal Ethics Education In Canadian Law Schools, Jocelyn Downie

Dalhousie Law Journal

The author presents principled arguments, consequentialist arguments, arguments by analogy and arguments by authority in support of her conclusion that Canadian law schools should have compulsory legal ethics education. Among other things, she argues that legal ethics education is an imperfect but essential way to meet the obligations that arise from the public trust placed in the legal profession. She also explores a number of benefits that can accrue to students, law schools, the legal profession and society in general when ethics is a compulsory component of legal education.

Allen V. Lefkoff, Duncan, Grimes & Dermer, P.C.: Use Of The Code Of Professional Responsibility In Georgia Legal Malpractice Cases, Lynn E. Stapleton

Georgia State University Law Review

No abstract provided.

Is This Appropriate?, Thomas L. Shaffer, Julia B. Meister

Duke Law Journal

No abstract provided.

Animal Rights Theory And Utilitarianism: Relative Normative Guidance, Gary L. Francione

Animal Law Review

Mr. Francione examines the philosophies of Peter Singer and Tom Regan and concludes, in part, that there is nothing in rights theory that necessarily precludes the animal advocate from pursuing incremental legislative or judicial change; however, he asserts that we cannot speak meaningfully of legal rights for animals as long as animals are regarded as property.

Ganden V. Ncaa: How The Ncaa's Efforts To Clean Up Its Image Have Created An Ethical And Legal Dilemma, W. S. Miller

Marquette Sports Law Review

No abstract provided.

Turning The Microscope On Ourselves: Self-Assessment By Bankruptcy Lawyers Of Potential Conflicts Of Interest In Columbus, Ohio, Nancy B. Rapoport

Scholarly Works

This article attempts to devise an appropriate instrument to determine whether bankruptcy lawyers in Columbus, Ohio are able to identify potential conflicts of interest in bankruptcy cases. Although the article is unable to develop an appropriate instrument, it does discuss why the survey method is not appropriate for this type of study.

Has The Dip's Attorney Become The Ultimate Creditors' Lawyer In Bankruptcy Reorganization Proceedings?, Nancy B. Rapoport, C. R. Bowles

Scholarly Works

This article discusses the issues facing the lawyer for the estate in a bankruptcy case. It debunks the idea that the lawyer for the estate represents any single constituency, and it tries to redefine the fiduciary duties that the estate lawyer has to the bankruptcy estate.

Attorneys Qua Sports Agents: An Ethical Conundrum, Walter T. Champion, Jr.

Marquette Sports Law Review

No abstract provided.

A Modest Proposal: Agent Deregulation, Jan Stiglitz

Marquette Sports Law Review

No abstract provided.

The Liability Of Psychotherapists For Breach Of Confidentiality, Ellen W. Grabois

Journal of Law and Health

This paper will try to reconstruct the legal and ethical underpinnings of the confidential relationship of psychotherapist and patient, and will also touch upon the psychotherapist-patient testimonial privilege and its exceptions. It will then describe the liability of psychotherapists for breach of confidentiality based on contract and tort. It will conclude with some evaluation of this type of cause of action, and its future usefulness in the law..

Convoluted Essence: Indian Rights And The Federal Trust Doctrine, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

In recent years there has been growing resentment from what one might term, for lack of a better phrase, the "anti-trust" segment. These commentators have offered a host of arguments to support their position: the trust doctrine has been and is still used primarily to "give moral color to depredations of tribes;" it is "an assertion of unrestrained political power over Indians, power that may be exercised without Indian consent and without substantial legal restraint;" and it is really a "metaphor for federal control of Indian affairs without signifying any enforceable rights of the tribal `beneficiaries.'" Yet others suggest that …

Patenting Medical Procedures: A Search For A Compromise Between Ethics And Economics, Beata Gocyk-Farber

Cardozo Law Review

When doctor Samuel Pallin, an Arizona ophthalmologist, brought an infringement suit for his patent covering the "stitchless" incision in cataract surgery, he probably did not expect that he would provoke one of the most emotional patent debates in history. Physicians across the country expressed condemnation of medical process patents, calling such patents "horrendous" and warning that Dr. Pallin's victory may have "profoundly devastating and mind-boggling consequences" for medical science. The resonance in the medical community was so strong that the American Medical Association House of Delegates passed a resolution "vigorously" condemning the patenting of medical and surgical procedures and promising …

Ethics: Is Disinterestedness Still A Viable Concept? A Roundtable Discussion, Nancy B. Rapoport

Scholarly Works

The transcript of a panel discussion about disinterestedness among Prof. John D. Ayer, the Hon. Charles N. Clevert, the Hon. Joel Pelofsky, Bettina Whyte, and Nancy B. Rapoport.

Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri

Articles

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Fall-Winter 1996

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Principled Opinions: Response To Brickman, Susan P. Koniak

Faculty Scholarship

Professor Brickman is not pleased. Indeed, he is outraged, if the sound and fury of his article is to be taken at face value. He and twenty-five others, lawyers and legal educators, sent the American bar Association Standing Committee on Ethics and Professional Responsibility (the "Committee" or "Ethics Committee") a letter (the "Letter") asking for an opinion. They got one which Professor Brickman describes as "wrong as a matter of ethics law, malevolent as a matter of public policy, disingenuous in its presentation, unfounded it [its] critical assumptions ... and blatantly self-interested in elevating lawyers' financial interests above their traditional …

Mid-Atlantic Ethics Committee Newsletter, Summer 1996

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

From The Closet To The House-Tops: The Law And Ethics Of Media "Outing", Allison Bailey

Student Thesis Honors (1996-2008)

This paper examines the law and ethics of media outing. First, it explains the history of outing and the arguments for and against it. Next, it evaluates the potential causes of action for an outing victim and proposed changes in the law. Third, this paper explores the possibility that the best response to outing may be a non-legal one: better ethics in journalism.