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Articles 1501 - 1530 of 1871
Full-Text Articles in Law
The Real Ethic Of Death And Dying, Norman L. Cantor
The Real Ethic Of Death And Dying, Norman L. Cantor
Michigan Law Review
A Review of Peter Singer, Rethinking Life and Death
Legal Ethics And Fugitive Slaves: The Anthony Burns Case, Judge Loring, And Abolitionist Attorneys, Paul Finkelman
Legal Ethics And Fugitive Slaves: The Anthony Burns Case, Judge Loring, And Abolitionist Attorneys, Paul Finkelman
Cardozo Law Review
Judges and lawyers seek to enforce and uphold the "law" while also proclaiming an interest in an abstraction we call "justice." As we know, there is often a tension between the two. Consequently, serving the law often means not serving justice. Similarly, often a tension exists between a lawyer's duty both to seek a legal remedy to a problem and to act in the best interests of a client. Activist lawyers can have an agenda that is at odds with members of the class they claim to serve. These two problems are complicated by a third. Lawyers and judges have …
Can A Lawyer Ever Do Right?, Owen M. Fiss
Can A Lawyer Ever Do Right?, Owen M. Fiss
Cardozo Law Review
Jacques Maury and Maurice Gargon were good people, but not good enough. They resisted the harshness of the racial laws of Vichy France but not as fully as they should have. Falling victim to the proclivity of all lawyers, they became ensnared within the technical trappings of the law. They helped individual clients who suffered under the Vichy laws, but are faulted by Richard Weisberg for failing to challenge those laws at a foundational level. Professor Weisberg described the result as grotesque.
Ethics Under Slavery’S Constitution: Edward Loring And William Wetmore Story, Ruth Wedgwood
Ethics Under Slavery’S Constitution: Edward Loring And William Wetmore Story, Ruth Wedgwood
Cardozo Law Review
We can greatly admire Paul Finkelman's paper on the rendition of Anthony Burns in 1854 and the problematic role played by Judge Edward Loring in returning Burns to Southern bondage. Professor Finkelman draws thoughtfully from original source materials of this famous case in the harnessing of political feeling against slavery, including the diary of Richard Henry Dana, the papers of Senator Charles Sumner, and the records of Harvard College.
A Bludgeon By Any Other Name: The Misuse Of Ethical Rules Against Prosecutors To Control The Law Of The State, Frank O. Bowman Iii
A Bludgeon By Any Other Name: The Misuse Of Ethical Rules Against Prosecutors To Control The Law Of The State, Frank O. Bowman Iii
Faculty Publications
My objective here is threefold: (1) to explain these ethical rules and demonstrate how each is in conflict with longstanding principles of federal criminal law; (2) to explain why these rules are illegitimate, both as rules of ethics and as rules of positive law; and (3) to offer some observations on how the dispute over these rules can sharpen our thinking about the nature and proper limits of ethical rules governing lawyers.
Law And Political Culture, Dick Howard
Law And Political Culture, Dick Howard
Cardozo Law Review
A decade ago Habermas announced a project in his The Theory of Communicative Action. Those who slipped into the habit of talking about this project as his Rechtsphilosophie may be surprised by the sobriety of Habermas's choice for the book's title. The foreword to Faktizitat und Geltung rejects any comparison with Hegel's systematic Grundlinien der Philosophie des Rechts. Habermas contrasts his "methodical-pluralistic" proposals to the idealistic concepts of Geist and Sittlichkeit, which are unable to account for complex modern societies. The apparent modesty of Habermas's claims is underlined by his subtitle, Contributions to a Discourse Theory of …
Mid-Atlantic Ethics Committee Newsletter, Winter 1996
Mid-Atlantic Ethics Committee Newsletter, Winter 1996
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
Restricting Donative Choice: Fetal Tissue Transplantation And Respect For Human Life, Joanna H. Kinney
Restricting Donative Choice: Fetal Tissue Transplantation And Respect For Human Life, Joanna H. Kinney
Journal of Law and Health
I propose that a woman who becomes pregnant with the intent to abort will be treated as an initial aggressor, and as such she will be denied the "abortion exception" that will be granted to the woman who aborts an accidental, unwanted pregnancy. Moreover, I shall argue that a woman should not be allowed to designate the donee of the fetal tissue from her abortion, even though her pregnancy was accidental. Without this restriction, a woman who intends to become pregnant and abort may simply claim her pregnancy was accidental, and thereby claim the exception. Central to this study is …
Legal Process Scholarship And The Regulation Of Lawyers Special Issue: Institutional Choices In The Regulation Of Lawyers: Foreword , Ted Schneyer
Legal Process Scholarship And The Regulation Of Lawyers Special Issue: Institutional Choices In The Regulation Of Lawyers: Foreword , Ted Schneyer
Fordham Law Review
No abstract provided.
Principled Opinions: Response To Brickman, Susan P. Koniak
Principled Opinions: Response To Brickman, Susan P. Koniak
Fordham Law Review
No abstract provided.
Who Can Best Regulate The Ethics Of Federal Prosecutors, Or, Who Should Regulate The Regulators: Response To Little, Fred C. Zacharias
Who Can Best Regulate The Ethics Of Federal Prosecutors, Or, Who Should Regulate The Regulators: Response To Little, Fred C. Zacharias
Fordham Law Review
No abstract provided.
Report Of The Working Group On The Allocation Of Decision Making, Pamela Mohr
Report Of The Working Group On The Allocation Of Decision Making, Pamela Mohr
Fordham Law Review
No abstract provided.
Report Of The Working Group On Determining The Child's Capacity To Make Decisions, Peter Margulies
Report Of The Working Group On Determining The Child's Capacity To Make Decisions, Peter Margulies
Fordham Law Review
[Preamble] As with adults, a lawyer has an ethical obligation to advocate the position of a child unless independent evidence exists that the child is unable to express a reasoned choice about issues that are relevant to the particular purpose for which the lawyer is representing the child. Where such evidence exists, the lawyer must engage in additional fact-finding to determine whether the child has, or may develop, the capacity to direct the lawyer's action in the particular context.
Report Of The Working Group On Conflicts Of Interest, Bruce A. Green
Report Of The Working Group On Conflicts Of Interest, Bruce A. Green
Fordham Law Review
No abstract provided.
A Paradigm For Determining The Role Of Counsel For Children, Martin Guggenheim
A Paradigm For Determining The Role Of Counsel For Children, Martin Guggenheim
Fordham Law Review
No abstract provided.
From Vulnerability To Voice: Appointing Counsel For Children In Civil Litigation, Catherine J. Ross
From Vulnerability To Voice: Appointing Counsel For Children In Civil Litigation, Catherine J. Ross
Fordham Law Review
No abstract provided.
The Ethics Of Empowerment: Rethinking The Role Of Lawyers In Interviewing And Counseling The Child Client, Katherine Hunt Federle
The Ethics Of Empowerment: Rethinking The Role Of Lawyers In Interviewing And Counseling The Child Client, Katherine Hunt Federle
Fordham Law Review
No abstract provided.
Youth Perspectives On Lawyers' Ethics: A Report On Seven Interviews, Janet A. Chaplan
Youth Perspectives On Lawyers' Ethics: A Report On Seven Interviews, Janet A. Chaplan
Fordham Law Review
No abstract provided.
"You're My What?" The Problem Of Children's Misperceptions Of Their Lawyers' Roles, Emily Buss
"You're My What?" The Problem Of Children's Misperceptions Of Their Lawyers' Roles, Emily Buss
Fordham Law Review
No abstract provided.
"I Know The Child Is My Client, But Who Am I?", Robert E. Shepherd, Jr., Sharon S. England
"I Know The Child Is My Client, But Who Am I?", Robert E. Shepherd, Jr., Sharon S. England
Fordham Law Review
No abstract provided.
To Assert Children's Legal Rights Or Promote Children's Needs: How To Attain Both Goals, Daniella Levine
To Assert Children's Legal Rights Or Promote Children's Needs: How To Attain Both Goals, Daniella Levine
Fordham Law Review
No abstract provided.
Reap What You Sow, Gordon J. Beggs
Reap What You Sow, Gordon J. Beggs
Law Faculty Articles and Essays
Unfortunately, with the adoption and revision of formal ethics codes, moral teaching has virtually disappeared from American legal ethics. Law professors, generally, do not consider it their responsibility to teach morality, and our profession today lacks a common moral standard. The Judeo-Christian principles expressed in Proverbs, however, provide a timely challenge to lawyers by advocating values that include justice, purity, mercy, honesty and civility.
Into The Thicket: Pursuing Moral And Political Visions In Labor Law, John W. Teeter Jr
Into The Thicket: Pursuing Moral And Political Visions In Labor Law, John W. Teeter Jr
Faculty Articles
Teachers should attempt to illuminate the moral and political implications of life as a labor lawyer and encourage students to reflect critically on what they think is ethical and why. Regardless of whether they represent management or unions, labor lawyers inevitably confront serious ethical issues. Teachers cannot—nor should they—resolve these issues for their students; they must follow the pull of their own moral and political beliefs. But teachers should at least assure that their students consider the ethical implications of life as a labor lawyer. This enriches the students’ thinking by placing them in real-world predicaments and enabling them to …
Race-Ing Legal Ethics, Anthony V. Alfieri
Racism In Sports: A Question Of Ethics, Paul M. Anderson
Racism In Sports: A Question Of Ethics, Paul M. Anderson
Marquette Sports Law Review
No abstract provided.
Foreword: Children And The Ethical Practice Of Law, Bruce A. Green, Bernardine Dohrn
Foreword: Children And The Ethical Practice Of Law, Bruce A. Green, Bernardine Dohrn
Fordham Law Review
No abstract provided.
Report Of The Working Group On Confidentiality, Bruce Boyer
Report Of The Working Group On Confidentiality, Bruce Boyer
Fordham Law Review
No abstract provided.
The Lawyer As Caregiver: Child Client's Competence In Context, Peter Margulies
The Lawyer As Caregiver: Child Client's Competence In Context, Peter Margulies
Fordham Law Review
No abstract provided.
Conflicts Of Interests In The Representation Of Children, Nancy J. Moore
Conflicts Of Interests In The Representation Of Children, Nancy J. Moore
Fordham Law Review
No abstract provided.
An Analysis Of The Proposed Standards Of Practice For Lawyers Representing Children In Abuse And Neglect Cases, Linda D. Elrod
An Analysis Of The Proposed Standards Of Practice For Lawyers Representing Children In Abuse And Neglect Cases, Linda D. Elrod
Fordham Law Review
No abstract provided.