Law Commons^™

Chipping Away At Lawyer Veracity: The Aba's Turn Toward Situation Ethics In Negotiations, Ruth Fleet Thurman

Journal of Dispute Resolution

This Article questions the wisdom of the Model Rule's exceptions to honest dealings in negotiations on several grounds: (1) Proponents of the exceptions have not offered empirical evidence or professional justification for this approach; 16 (2) The approach will further tarnish the profession's image; (3) The approach will create a slippery slope that leads to unintended ethical violations; and (4) The approach will erode the high degree of trust, veracity and integrity required of lawyers as "officer[s] of the legal system."1 7 For these reasons, the Model Rule's exceptions to honesty in negotiations should be abolished by the ABA and …

Virtue Ethics In A Perfectionist Theory Of Law And Justice, Donald F. Brosnan

Cardozo Law Review

No abstract provided.

Law, Medicine, And Social Justice, Todd D. Volker

Northern Illinois University Law Review

This review examines the recent book by Larry L. Palmer, Vice President for Academic Programs and Professor of Law at Cornell University. The book itself, an analysis of the interplay between law and medicine in light of contemporary advances in health care, offers a social, "institutional" approach for dealing with the problems presented by recent medical developments. According to Volker, Palmer's work makes great strides toward practical answers to some of the more pressing moral questions of our time.

Information, Privilege, Opportunity And Insider Trading, Robert W. Mcgee, Walter E. Block

Northern Illinois University Law Review

This commentary discusses the economic, ethical and legal aspects of insider trading. The nature of insider trading is explored and the issues are analyzed to determine what part, if any, government should play in the regulation of insider trading.

Professional Ethics Opinion 89-3, Attorney Responsibility To Disabled Or Dysfunctional Client, David F. Forte

Law Faculty Articles and Essays

When an attorney files suit on behalf of a client and later has reason to believe the client is incompetent, what should the attorney do? Can the case be settled? Can the attorney move for the appointment of a guardian ad litem? The article is an excerpt from an ethics opinion which answers these questions.

Teaching Ethics In Civil Procedure Courses, Richard Matasar

Journal of Legal Education

No abstract provided.

The Ethics Of Advertising By Georgia Lawyers: Survey And Analysis, Roy M. Sobelson

Georgia State University Law Review

No abstract provided.

"Discrimination" On The Basis Of Religion: An Examination Of Attempted Value Neutrality In Employment, Laura S. Underkuffler

William & Mary Law Review

No abstract provided.

Rethinking The Hegilian State, Fred Dallmayr

Cardozo Law Review

No abstract provided.

Abstract Right And The Possibility Of A Nondistributive Conception Of Contract: Hegel And Contemporary Contract Theory, Peter Benson

Cardozo Law Review

No abstract provided.

Living Without Rights-- In Manners, Religion, And Law, Richard Stith

Law Faculty Publications

No abstract provided.

Weaving "Birth" Technology Into The "Value And Policy Web" Of Medicine, Ethics And Law: Should Policies On "Conception" Be Consistent?, Margaret A. Somerville

Nova Law Review

The introduction consists of three stories: the Chinese story, the Australian story and the Bangladesh story.

Wanted: An Ethos Of Personal Responsibility—Why Codes Of Ethics And Schools Of Law Don't Make For Ethical Lawyers, Daniel S. Kleinberger

Faculty Scholarship

This article: (1) argues that neither codes of professional ethics nor traditional modes of law school teaching do much to produce ethical lawyers; (2) asserts that ethics codes and the presuppositions of the adversary system work to alienate lawyers from a sense of individual responsibility; (3) critiques the conceptual connection between the adversary system and codes of lawyer ethics; (4) critiques the conventional approach to teaching legal ethics in law schools; (5) invokes the approach to ethical analysis championed by the German sociologist and social theorist Max Weber; and (6) explains how that approach, coupled with traditional tools of legal …

Lawyers As Officers Of The Court, Eugene R. Gaetke

Law Faculty Scholarly Articles

Lawyers like to refer to themselves as officers of the court. Careful analysis of the role of the lawyer within the adversarial legal system reveals the characterization to be vacuous and unduly self-laudatory. It confuses lawyers and misleads the public. The profession, therefore, should either stop using the officer of the court characterization or give meaning to it. This Article proposes certain modifications of the existing rules of professional responsibility that would bring lawyers' actual obligations more in line with those suggested by the label of officer of the court.

Less Suffering When You're Warned: A Response To Professor Lewis, Thomas L. Shaffer

Journal Articles

Professor Lewis' comment is a lucid brief for warning clients that their lawyers have moral limits. It begins with a generous description of the discussion Professor Freedman and I had on the subject of moral limits. I am able, as a result, to summarize the exchanges quickly: Professor Freedman's original proposition, in these pages, was that once the lawyer-client relationship is in place, it is immoral for the lawyer to refuse to seek the client's legal objectives; it is immoral for the lawyer to invoke her own conscience to prevent the client from obtaining what the law allows the client …

Should A Christian Lawyer Serve The Guilty?, Thomas L. Shaffer

Journal Articles

People who teach or practice law are in some ways like public executioners or the Air Force officers who watch over the buttons that will send nuclear missiles into action: Other people, ordinary people, want to know what we do to overcome what seem to ordinary people to be moral obstacles to doing what we do.

What ordinary people say to lawyers, and what my students say when they first come to law school, when they are still more ordinary people than they are law students, is this: How can lawyers lend their skills and talents to the representation of …

The Pervasive Method Of Teaching Ethics, David T. Link

Journal Articles

The law school curriculum at Notre Dame is based on a two-faceted mission statement that the faculty developed in 1974. Moral values are central to both facets: (1) to be an outstanding teaching school that prepares competent and compassionate attorneys whose decisions are guided by the values and morality that Notre Dame represents; (2) to promote leading contributions to the development of the law, the system of justice, the legal profession, and legal education, through faculty scholarship and institutional projects that embody important qualities of the Notre Dame value system. We intend to dedicate as much intensity to sensitizing our …

Authority And Value: Reflections On Raz's Morality Of Freedom, Donald H. Regan

Articles

Joseph Raz's The Morality of Freedom1 is full of subtle, original, and thought provoking arguments. It also manifests abundantly Raz's philosophical good sense and sensitivity to the complexities of the moral life. These are reasons enough to class it with the handful of genuinely important books whose appearance in the last two decades has constituted a renaissance in political philosophy. But in my opinion, Raz has another, and even stronger claim on our attention: He comes closer to the truth about political morality than anyone has for nearly a century. (Possibly much longer, but we need not attempt to decide …

The Politics Of Transplantation Of Human Fetal Tissue, George J. Annas

Faculty Scholarship

Research involving human fetal tissue has been the subject of intense political debate in this country for almost two decades, and the use of fetal tissues in transplantation continues this controversy in another forum. Since Roe v. Wade ,1 the landmark decision on abortion by the U.S. Supreme Court in 1973, the federal government has focused public attention on fetal research by creating panels of experts. "3 This conclusion was accepted on a vote of 15 to 2, and included recommendations that the decision to abort be kept independent of the decision to retrieve and use fetal tissue, that recipients …

Protecting Lawyers Who Just Say No, Stephen Gillers

Georgia State University Law Review

No abstract provided.

Informed Consent In The Post-Modern Era, Wendy K. Mariner

Faculty Scholarship

The doctrine of informed consent' is intended to get physicians to talk to their patients so that patients can make reasonably knowledgeable choices about whether to undergo particular forms of medical care. Although the law has long prohibited treatment without the patient's consent,² physicians have resisted the idea that treatment decisions ultimately are for the patient to make. Only recently have physicians been willing to disclose information about the benefits and risks of recommended therapies. ³ Even with the best of intentions, however, the discussions that do take place are often far from the law's ideal of reasonable disclosure …

In Search Of The Virtuous Prosecutor: A Conceptual Framework, Stanley Z. Fisher

Faculty Scholarship

Questions about the scope and content of the duty to "seek justice" pervade prosecutorial work. Prosecutors are required to serve in a dual role: they are both advocates seeking conviction and "ministers of justice." Observers have complained about a tendency on the part of prosecutors to prefer the former of these "schizophrenic" obligations to the latter. This is commonly described as a tendency to behave overzealously or according to a "conviction psychology. ' "

Employment-At-Will & Codes Of Ethics: The Professional's Dilemma, Seymour Moskowitz

Law Faculty Publications

No abstract provided.

Ethics In Government: A View From The Senate, Senator Ted Stevens

Hofstra Law Review

No abstract provided.

The Duties Of Lawyers To One Another, Roger J. Miner '56

Lawyers and the Legal Profession

No abstract provided.

Learning The Law Of Lawyering, Ronald D. Rotunda

Law Faculty News Articles, Editorials, and Blogs

No abstract provided.

The Lawyer’S Duty To Report Another Lawyer’S Unethical Violations In The Wake Of Himmel, Ronald D. Rotunda

Law Faculty Articles and Research

No abstract provided.

Art And Law: At Home And Abroad, Douglass Boshkoff

Indiana Law Journal

No abstract provided.

Liberalism, Public Morality, And Constitutional Law: Prolegomenon To A Theory Of The Constitutional Right To Privacy, David A. J. Richards

Law and Contemporary Problems

No abstract provided.

New York's New Ethics Law: Turning The Tide On Corruption, Robert C. Newman

Hofstra Law Review

No abstract provided.