Law Commons^™

Nonrefundable Retainers: Impermissible Under Fiduciary, Statutory And Contract Law, Lester Brickman, Lawrence A. Cunningham

Fordham Law Review

No abstract provided.

Client Perjury: The Law In Florida, Randolph Braccialarghe

Nova Law Review

No abstract provided.

Introduction, Governor Mario M. Cuomo

Hofstra Law Review

No abstract provided.

Federal Biotechnology Policy: The Perils Of Progress And The Risks Of Uncertainty, Al Gore

University of Michigan Journal of Law Reform

Americans have a schizophrenic view of science and technology. Some of our greatest heroes have been technological pioneers- from the Wright brothers to Lindbergh to Chuck Yeager. Until recently, we expressed unmitigated adoration for the scientists and engineers who put man in space. Yet at the same time, many Americans are generally uneasy about the triumph of technology in their own lives. One does not have to be a Luddite to rail against computers every now and then.

In deciding how to allocate precious public resources in an era of limits, legislators must take public perceptions of science very seriously. …

On The Human Body As Property: The Meaning Of Embodiment, Markets, And The Meaning Of Strangers, Thomas H. Murray

University of Michigan Journal of Law Reform

For as long as I can recall, newspapers have published brief items in which someone has calculated what the human body is "worth" on the open market. The value of the body-as reduced to its chemical components-was never more than a few dollars. A more accurate accounting, though, would include the market value of transplantable organs and tissues, as well as the potential bonanza to be had should a cell line cultured from that body prove valuable to the biotechnology industry. The bottom line could be anywhere from tens of thousands to perhaps millions of dollars.

Both moral and legal …

Legal Ethics, Howard R. Messing

Nova Law Review

The most important event in legal ethics in the past year was the adoption of Florida's Rules of Professional Conduct (hereinafter referred to as the "Florida Rules" or "Rules").

The Former Client's Disqualification Gambit: A Bad Move In Pursuit Of An Ethical Anomaly, Steven H. Goldberg

Elisabeth Haub School of Law Faculty Publications

This Article contends that the successive conflict and imputed disqualification rules in combination are both bad law and bad ethics and that a different approach would be better for clients, for the adversary system, and for the profession. Part I of the Article analyzes the development of the successive conflict and the imputed disqualification doctrines. It demonstrates that two different, not always consistent, theories caused the successive conflict disqualification principles to develop erratically, resulting in a set of rules incompatible with either supporting rationale. Part II explains why the incorporation of that set of rules into the Model Rules of …

On Being A Professional Elder, Thomas L. Shaffer

Notre Dame Law Review

No abstract provided.

Screening The Disqualified Lawyer: The Wrong Solution To The Wrong Problem, Thomas D. Morgan

University of Arkansas at Little Rock Law Review

No abstract provided.

The Referral Fee And The Aba Rules Of Model Conduct: Should States Adopt Model Rule 1.5(E)?, Sheryl Zeligson

Fordham Urban Law Journal

This Note examines the history behind DR 2-107 and the reasons for the ABA's adoption of Model Rule 1.5(e). It then analyzes DR 2-107 in depth to determine whether it has been effective in terms of advancing the policies and purposes it was designed to promote. The Note concludes that DR 2-107 is deficient for the following reasons: (1) members of the legal profession oppose and flagrantly violate the rule; (2) except in a few jurisdictions, violators of the rule are rarely prosecuted while even in those jurisdictions that do enforce the rule, the courts are vague in their interpretation …

Legal Enforcement Of "Duties To Oneself": Kant Vs. Neo-Kantians, John M. Finnis

Journal Articles

This Article considers writings by modern scholars including Rawls, Dworkin, and D.A.J. Richards on the topic of Kant's discussion of the neutrality principle and the harm principle.

Trying To Live Forever, George J. Annas

Faculty Scholarship

Since the case of Karen Ann Quinlan, legal actions regarding the dying have become commonplace. Unfortunately, so has legal misinformation, misapplication, fantasy, and inhumanity. We seem to have frightfully underestimated the ability of lawyers to focus on trivia and self protection, and to ignore the basic human rights of dying persons. As the authors of the Hasting Center's Guidelines declare in the introduction:

Hospital legal counsel, lawyers serving other health care institutions, and legal advisors to individual health care professionals have a critical role to play in seeing that medicine is not driven by law, and health care professionals are …

Rehnquist, Recusal, And Reform, Jeffrey W. Stempel

Scholarly Works

In September 1986, the Senate confirmed William H. Rehnquist as Chief Justice of the United States by a vote of 66 to 33, an unusually close vote for a successful Supreme Court nominee. Although Justice Rehnquist’s elevation from Associate to Chief Justice engendered substantial criticism because of his judicial philosophy, past political activity, and possible views on race relations, the most serious threat to his nomination arose from his decision fifteen years earlier to sit and cast the deciding vote in a Supreme Court case in which many questioned both his impartiality and his candor. That Justice Rehnquist's role in …

The Emergence Of Law Firms In The American Legal Profession, Thomas Paul Pinansky

University of Arkansas at Little Rock Law Review

No abstract provided.

The Ethics Of Embryo Research: Not As Easy At It Sounds, George J. Annas

Faculty Scholarship

Mark Twain once said of Wagner's music, "It's not as bad as it sounds." Likewise, it may be said of Peter Singer and Helga Kuhse's stroll through the issues involving embryo research: "It's not as easy as it sounds."

Today it seems clear that Aldous Huxley's version of a Brave New World is much closer to the mark than George Orwell's 1984. We will not have to be dragged into a technologically dominated future by a totalitarian government; we will go willingly, cheering almost any change as "better" and accepting science as always "improving" on nature. This childlike faith …

Made In The U.S.A.: Legal And Ethical Issues In Artificial Heart Experimentation, George J. Annas

Faculty Scholarship

The death of William Schroeder in Louisville, Kentucky, on August 6, 1986, brought to a close a remarkable chapter in public human experimentation. Artificial heart implants represent the most public experiments in the history of the world. The manner in which they are conducted is a matter of utmost public and professional concern, since it graphically portrays the seriousness with which we take our laws and ethical rules regarding the protection of the rights and welfare of human subjects. Unfortunately, the brief history of artificial heart implants is neither a happy nor a proud one. Begun with high hopes and …

Update - July 1986, Loma Linda University Center For Christian Bioethics

Update

In this issue:

-- Baby Jessie and Beyond
-- Newsbriefs
-- The Bouvia Decision: Right But Inadequate
-- LLU plans conference on ethics and transplantation

[ Apartheid and Morality Today ]
-- Growing Up White in South Africa
-- In Favor of Constructive Engagement
-- Divestment: Realistic Moral Opposition to Apartheid

-- What should treatment committees consider?
-- Religion and Politics on Sabbath (Editorial)
-- George Otto Schumacher, MD (1913-1986)
-- Thomas Gordon Goman, PhD (1944-1986)

The Ethics Of Dissent And Friendship In The American Professions, Thomas L. Shaffer

West Virginia Law Review

No abstract provided.

A Comment For Tom Shaffer: The Ethics Of Race, The Ethics Of Corruption, James J. Friedberg

West Virginia Law Review

No abstract provided.

The Ethics Of Dissent And Friendship--A Response To Professor Shaffer, Carl M. Selinger

West Virginia Law Review

No abstract provided.

Comment On "The Limits Of Rationality And The Place Of Religious Conviction: Protecting Animals And The Environment", Michael J. Perry

William & Mary Law Review

No abstract provided.

The Limits Of Rationality And The Place Of Religious Conviction: Protecting Animals And The Environment, Kent Greenawalt

William & Mary Law Review

No abstract provided.

Can A Good Lawyer Be A Bad Person, Stephen Gillers

Michigan Law Review

A Review of The Good Lawyer: Lawyers' Roles and Lawyers' Ethics edited by David Luban and The Adversary System: A Description and Defense by Stephan Landsman

Impressions On A New Code Of Ethics, William I. Weston

University of Baltimore Law Forum

No abstract provided.

Why Prosecutors Misbehave, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The author, perhaps the nation's top authority on prosecutorial misconduct, raises and analyzes two questions: Why does this misconduct occur? (It often pays off.) And why does it continue? (There are no effective sanctions.)

Why Kentucky Should Adopt The Aba's Model Rules Of Professional Conduct, Eugene R. Gaetke

Law Faculty Scholarly Articles

In 1983, after six years of drafting and lively debate, the American Bar Association adopted the Model Rules of Professional Conduct as its most recent statement of the ethical norms of the legal profession. Shortly thereafter the ABA forwarded the rules to the states for consideration and possible adoption as binding ethical principles. As of this writing, a number of states have adopted the Model Rules, in full or in substantial form, and several more have proposals for such adoption pending before their supreme courts

The Kentucky Supreme Court presently awaits the state bar association's recommendation regarding the Model Rules' …

Ethics And The Settlement Of Civil Rights Cases: Can Attorneys Keep Their Virtue And Their Fees?, Lloyd B. Snyder

Law Faculty Articles and Essays

The Civil Rights Attorneys' Fees Award Act of 1976 authorizes an award of fees to the prevailing party in a civil rights action. The United State Supreme Court, in Evans v. Jeff D., has interpreted the Fees Act to authorize the parties in a civil rights action to negotiate settlement of fees and merits jointly. The Court did not determine whether joint fees-merits negotiation is ethical. The author of this article contends that joint negotiation is ethical. He further contends that it is ethical for plaintiff's attorney to reject an offer of settlement if the offer is coupled with a …

The Quiet Revolution In The American Law Proffesion: Remarks Before The Commission On Professionalism Of The American Bar Association, Peter Megargee Brown

Fordham Urban Law Journal

This Speech discusses the decline of the law profession in its commitment to public service. It analyzes the reasons as to why the practice of law has evolved from a profession once thought to epitomize professionalism into one that does not seem much different from other businesses. It discusses the consequences of such a reality. The author suggests measures that the American Bar Association should employ to ameliorate the effects of this reality and outlines steps it should take to help restore the high level of professionalism to the industry.

Leveraged Buyout, Management Buyout, And Going Private Corporate Control Transactions: Insider Trading Or Efficient Market Economics?, Patrick S. Dunleavy

Fordham Urban Law Journal

According to one commentator, a particularly troublesome form of insider trading abuse has developed in the past decade without full public discussion of its ethics or its legality. This abuse has spurred significant commentary. Corporate control transactions of this type, known as "insider leveraged buyouts," management buyouts, and going private, have totaled billions of dollars. On their face, these deals, regardless of their specifics, raise the most basic questions of whether security holders are getting the legal and ethical protection they require and, by law, deserve. It is a fundamental precept of the theory of going private that different groups …

The "Natural Law Tradition", John M. Finnis

Journal Articles

This "tradition of natural law theory" has three main features: First, critique and rejection of ethical scepticism, dogmatism and conventionalism; Second, clarification of the methodology of descriptive and explanatory social theories (e.g., political science, economics, jurisprudence .... ); Third, critique and rejection of aggregative conceptions of the right and the just (e.g., consequentialism, utilitarianism, wealth-maximization, "proportionalism"...).