Law Commons^™

Mid-Atlantic Ethics Committee Newsletter, Summer 1995

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Teaching Ethics In Schools Of Business In Oklahoma Colleges And Universities, Shelsea Ellis

McCabe Thesis Collection

The research in this study seeks to establish the degree to which ethics is included in the business curriculum of four-year colleges and universities in Oklahoma. If ethics is taught as a separate course, the study inquires about the methodology used in that course. If there is not a separate ethics course, the study determines if ethics is included in several courses of the business curriculum. Clarification is also determined as to the percentage of time dedicated to the teaching of ethics and whether or not the dean of the School of Business believes this percentage to be appropriate.

The Last Butskellite, John D. Ayer

Michigan Law Review

A Review of Acts of Hope: Creating Authority in Literature, Law, and Politics by James B. White

Mid-Atlantic Ethics Committee Newsletter, Spring 1995

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

The Separation Of Facts And Values, Arthur Kantrowitz

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

Dr. Kantrowitz maintains that much modern pessimism derives from failure to separate what is from what ought to be and urges that scientific conflicts be resolved as value neutrally as possible.

The Deconstruction Of Kantian Ethics And The Question Of Pleasure, Henry J. Staten

Cardozo Law Review

This Essay is primarily about the recent work of Bernard Williams, who is in my opinion the most radical thinker on the question of ethics in the analytic philosophy camp. In fact, Williams's work tests the limits of what we know as analytic philosophy. His project is rigorously deconstructive, yet it has been developed out of the materials of analytic philosophy itself quite independently of Derridean deconstruction. Thus, this project is extraordinarily rich in its resonance, and regardless of whether one comes at it from an analytic or deconstructive background, one is equally likely to find it surprising in its …

Mid-Atlantic Ethics Committee Newsletter, Winter 1995

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Review Of: Lawrence J. Kaplan & Rosemarie Tong, Controlling Our Reproductive Destiny: A Technological And Philosophical Perspective, Sophie M. Sparrow

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

Review of: Lawrence J. Kaplan & Rosemarie Tong, Controlling Our Reproductive Destiny: A Technological and Philosophical Perspective (The MIT Press 1994). Appendix (basic biochemistry), illustrations, index, notes, preface, series foreword by Samuel Goldberg, tables. CIP 93-38060, ISBN 0-262-11176-4 [418 pp. Cloth $29.95. 55 Hayward St., Cambridge MA 02142.]

Review Of: It Just Ain't Fair: The Ethics Of Health Care For African Americans (Annette Dula & Sara Goering Eds.), Carrie Anne Juliano

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

Review of: It Just Ain't Fair: The Ethics of Health Care for African Americans (Annette Dula & Sara Goering eds., Praeger 1994) About the editors and contributors, acknowledgements, bibliography, foreword by Mark Siegler, index, notes. L.C. 93-43780, ISBN 0-275-94494-8. [ 336 pp. Paper $19.95. P.O. Box 5007, Westport CT 06881-5007.]

How The Butler Was Made To Do It: The Perverted Professionalism Of The Remains Of The Day, Rob Atkinson

St. Thomas Law Review

No abstract provided.

Prosecutorial Misconduct In Presenting Evidence: "Backdooring" Hearsay, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Rules of evidence are designed to bring about just and informed decisions. One of these rules, the hearsay rule, is designed to ensure that juries receive reliable evidence, and that out-of-court statements ordinarily are inadmissible. Prosecutors are well aware of these evidentiary restrictions, but occasionally seek to circumvent them. The author describes methods used by some prosecutors to manipulate the hearsay rule and thereby distort the truth-finding process of the trial.

Proverbial Practice: Legal Ethics From Old Testament Wisdom, Gordon J. Beggs

Law Faculty Articles and Essays

The Old Testament book of Proverbs supplied foundational moral values for our nation's legal ethics. With the adoption and revision of formal codes, moral teaching has virtually disappeared from legal ethics. This essay suggests that the wisdom of Proverbs offers a timely challenge to the character of the legal profession by advocating values which include justice, purity, mercy, humility, honesty, candor, truthful testimony, and civility.

Aba Delegates Amend Model Rule , Susan J. Becker

Law Faculty Articles and Essays

The ABA House of Delegates has amended Model Rule 4.2 regarding whom attorneys may ethically contact directly during the course of litigation or other legal matters. This article discusses the ramifications of this change.

Lawyers, Learning, And Professionalism: Meditations On A Theme, Judith Welch Wegner

Cleveland State Law Review

This essay will offer three meditations on the theme of "lawyers, learning and professionalism." First, it lays a foundation by arguing that a commitment to learning is an appropriate and necessary professional value for lawyers. Next, it contends that lawyers need to take this professional value more seriously. It will suggest that lawyers lag behind other professions in learning about learning, and urge more lawyers deliberately do just that. Finally, the essay shares some important lessons about professionalism recently learned through learning experiments with practicing lawyers and law students.

Self-Inflicted Wounds: The Duty To Disclose Damaging Legal Authority, Angela Gilmore

Cleveland State Law Review

This article analyzes Rule 3.3(a)(3) and its implications for opposing parties in an adversarial legal system. The article's conclusion is that strict compliance with Rule 3.3(a)(3) by all members of the Bar is necessary to preserve the integrity of the legal system. Circumvention of the Rule is a disservice to the legal system. Part II explains Rule 3.3(a)(3) so that lawyers can grasp the ethical duty owed. Part III examines three roles simultaneously played by a lawyer: a representative of clients, an officer of the legal system, and a private citizen having a special responsibility for the quality of justice.7 …

For The Love Of Lacan, Jacques Derrida

Cardozo Law Review

What wouldn't Lacan have said!

What won't he have said!

This is not a question, it is an exclamation: to get my voice right, to find the appropriate tone, before beginning to try out this idiomatic conjunction of negation, denial [denegation], conditional and future in the past, my hypothesis being that these grammars, now in succession, now simultaneously, play the role of a screen and of a mirror in the modalities of the with, as they do in the modalities of the since [depuis] that will have determined Lacan's relationship to the philosophers-to certain philosophers. These few reflections on temporal …

Law's Birth And Antigone's Death: On Ontological And Psychoanalytical Ethics, Costas Douzinas

Cardozo Law Review

Where is the site of law's emergence? What opens the field of ethicity? Where does the law come from? Is there a ground of emergence of ethics and of obligation, rather is there a being obligated that arises before any obligation, a duty bound that precedes any particular duty? Our inquiry will attempt to trace the "question of law"-of law's origins and of its value, of law's validity and of its force. Does the law come from the burial ground of the primordial Father? Or from the places of the double murder of the Son and the Daughter? Or, finally, …

Checkosky, Rule 2(E) And The Auditor: How Should The Securities And Exchange Commission Define Its Standard Of Improper Professional Conduct?., Marie L. Coppolino

Fordham Law Review

No abstract provided.

Is A Ban On Plea Bargaining An Ethical Abuse Of Discretion? A Bronx County, New York Case Study, Roland Acevedo

Fordham Law Review

No abstract provided.

Metaphors Matter: How Images Of Battle, Sports And Sex Shape The Adversary System, Elizabeth G. Thornburg

Faculty Journal Articles and Book Chapters

Metaphors are not pretty figures of speech; they affect the way people within cultures perceive reality. It is therefore significant that the metaphors most commonly used for the adversary system center on war and sports. This tends to over-emphasize the competitive aspects of litigation and disguise opportunities for more cooperative behavior. This article collects and analyzes those metaphors, and discusses the reasons for their powerful hold on legal culture. It also considers some of the negative effects of the metaphorical system and speculates about whether we could find and nurture alternative metaphors.

Seeing The Forest And The Trees: The Proper Role Of The Bankruptcy Attorney, Nancy B. Rapoport

Scholarly Works

This article discusses the tension between the lawyer's duty to her client and her duty to the legal system as an officer of the court. It concludes that, in a situation in which those two duties conflict, the lawyer's duty to the system as a whole should trump the duty to the client.

Rethinking The Beyond Of The Real, Drucilla Cornell

Cardozo Law Review

It is commonplace to note that Sigmund Freud "discovered" another reality. This reality is the reality of the psychic life. The meaning of its unconscious underpinnings surfaces in the other world of dreams and in the slips of the tongue that indicate a beyond to the day-to-day life given to us by conventions of our form of life. Certainly, Freud always returns us to the Jenseits, the other side, the beyond of the unconscious, which leaves its traces and marks on so-called "real objects," but which, on the other hand, can never be simplistically identified with them. An obvious …

A Unique And Different Subject Of Law, Alain Pottage

Cardozo Law Review

Might an idiom of love be instituted in law? This question is posed by Luce Irigaray's ethics of sexual difference, which, in the guise of a critique of law, depicts the semantic or symbolic structure of a law that articulates an ethical relation of love-not love as caritatis, but love as eros. This implausible association of love and law seeks to institute an immediate and idiomatic relation within the axiopoietic order of law. Irigaray's J'aime d toi prescribes a set of basic rights which law-in its role as cultural tutor-might institute as the coordinates of a new model …

Making Sense Of Metaphors: Visuality, Aurality, And The Reconfiguration Of American Legal Discourse, Bernard J. Hibbitts

Cardozo Law Review

While American legal discourse has embraced a range of figurative expressions evoking all sorts of sensory experience, it has long favored visual metaphors. We frequently consider law as a matter of looking: we "observe" it; we evaluate claims "in the eye of the law"; our high courts "review" the decisions of inferior tribunals. Alternatively, we speak of law as something one would usually look at: it is a "body," a "text," a "structure," a "bulwark of freedom," a "seamless web,'' and even a "magic mirror." We identify particular legal concepts with striking visual images: property rights are a "bundle of …

An Ethical Education: Community And Morality In The Multicultural University, Mortimer N.S. Sellers

Books

This book considers the ethical basis of fundamental university policies with special emphasis on how issues of community and diversity influence education. The authors raise four central questions in this volume:

- What should the aims of universities be, given their changed demography?

- How should university curricula reflect multicultural society?

- Does the new environment require special treatment of campus speech?

- What role should affirmative action play in promoting diversity or community in the academy?

Mid-Atlantic Ethics Committee Newsletter, Fall 1994

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Who Are The Parents Biotechnological Children?, Larry I. Palmer

Faculty Publications

We do not underestimate the difficulties of legislating on this subject. In addition to the inevitable confrontation with the ethical and moral issues involved, there is the question of the wisdom and effectiveness of regulating a matter so private, yet of such public interest. Legislative consideration of surrogacy may also provide the opportunity to begin to focus on the overall implications of the new reproductive biotechnology- in vitro fertilization, preservation of sperms and eggs, embryo implantation and the like. The problem is how to enjoy the benefits of the technology-especially for infertile couples-while minimizing the risk of abuse. The problem …

Courage In The Holocaust, Lawrence Raful

Scholarly Works

No abstract provided.

Review Of: The Genetic Frontier: Ethics, Law, And Policy (Mark S. Frankel & Albert Teich Eds., American Association For The Advancement Of Science 1994), Suzanne A. Sprunger

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

Review of: The Genetic Frontier: Ethics, Law, and Policy (Mark S. Frankel & Albert Teich eds., American Association for the Advancement of Science 1994). Acknowledgments, appendix, contributors, figures, index, introduction, notes, references, tables. LC 93-37230, ISBN 0-87168-526-4. [260 pp. Paper $22.95. 1333 H St., NW, Washington DC 20005.]

Elections Ethics In Government: Provide For The Applicability Of Disclosure Provisions To Activities Relating To The Influencing Of Certain Local Public Officers And Employees, Gregg Mitchel Porter

Georgia State University Law Review

The Act requires lobbyists to disclose expenditures made to any public officer intended to influence the passage of any ordinance or resolution. The Act subjects city and county officials to the same ethics requirements as state legislators.