Law Commons^™

Judicial Ethics And Supreme Court Exceptionalism, Amanda Frost

Scholarly Articles in Law Reviews & Journals

In his 2011 Year-End Report on the Federal Judiciary, Chief Justice John Roberts cast doubt on Congress’s authority to regulate the Justices’ ethical conduct, declaring that the constitutionality of such legislation has “never been tested.” Roberts’ comments not only raise important questions about the relationship between Congress and the Supreme Court, they also call into question the constitutionality of a number of existing and proposed ethics statutes. Thus, the topic deserves close attention.

This Essay contends that Congress has broad constitutional authority to regulate the Justices’ ethical conduct, just as it has exercised control over other vital aspects of the …

Law And Religion For Nonhuman Persons, Mark Goldfeder

Scholarly Works

On December 2, 2013, the Nonhuman Rights Project (NHRP), a national nonprofit organization working to get actual legal rights for members of nonhuman species filed a lawsuit in Fulton County, New York petitioning the judges for a writ of habeas corpus. A habeas corpus allows for a person being held captive to be brought before a court to determine if their imprisonment is lawful. Habeas corpus suits are filed all the time; what made this one historic was that it was not filed for a human being. The writ in question asked the court to formally recognize that a 26 …

Foreword To The Conference: The Law: Business Or Profession? The Continuing Relevance Of Julius Henry Cohen For The Practice Of Law In The Twenty-First Century, Samuel J. Levine

Scholarly Works

No abstract provided.

An Incompetent's Right To Withdraw From Treatment: Cruzan V. Missouri Department Of Health , Mary A. Watson

Pepperdine Law Review

No abstract provided.

Ethics In Legal Education: An Augmentation Of Legal Realism, Gerald R. Ferrera

Pepperdine Law Review

No abstract provided.

Corporations As Ships: An Inquiry Into Personal Accountability And Institutional Legitimacy , Art Wolfe

Pepperdine Law Review

No abstract provided.

According To An Unnamed Official: Reconsidering The Consequences Of Confidential Source Agreements When Promises Are Broken By The Press, Peri Z. Hansen

Pepperdine Law Review

No abstract provided.

Practicing On Purpose: Promoting Personal Wellness And Professional Values In Legal Education, Gretchen Duhaime

Touro Law Review

No abstract provided.

E-Mails To Clients: Avoiding Missteps, Kristin J. Hazelwood

Law Faculty Popular Media

In this column for Kentucky Bar Association's magazine (B&B - Bench & Bar), Professor Hazelwood addresses the ethical implications of emailing with a client. Practitioners are provided a series of questions to ask before emailing a client.

A Distinction Without A Difference? An Examination Of The Legal And Ethical Difference Between Asset Protection And Fraudulent Transfers Under Virginia Law, Landon C. Davis Iii, Isaac A. Mcbeth, Elizabeth Southall

University of Richmond Law Review

No abstract provided.

Financiers As Monitors In Aggregate Litigation, Elizabeth Chamblee Burch

Scholarly Works

This Article identifies a market-based solution for monitoring large-scale litigation proceeding outside of Rule 23’s safeguards. Although class actions dominate the scholarly discussion of mass litigation, the ever increasing restrictions on certifying a class mean that plaintiffs’ lawyers routinely rely on aggregate, multidistrict litigation to seek redress for group-wide harms. Despite sharing key features with its class action counterpart—such as attenuated attorney-client relationships, attorneyclient conflicts of interest, and high agency costs—no monitor exists in aggregate litigation. Informal group litigation not only lacks Rule 23’s judicial protections against attorney overreaching and self-dealing, but plaintiff’s themselves cannot adequately supervise their attorneys’ behavior. …

Agenda: 2012 Energy Justice Conference And Technology Exposition, University Of Colorado Boulder. Center For Energy & Environmental Security, University Of Colorado Boulder. Colorado European Union Center Of Excellence, University Of Colorado Boulder. Presidents Leadership Institute

2012 Energy Justice Conference and Technology Exposition (September 17-18)

Co-sponsored with the Colorado European Union Center of Excellence and the Presidents Leadership Institute at the University of Colorado Boulder.

The ability to harness energy is fundamental to economic and social development. Worldwide, almost 3 billion people have little or no access to beneficial energy resources for cooking, heating, water sanitation, illumination, transportation, or basic mechanical needs. Energy poverty exacerbates ill health and economic hardship, and reduces educational opportunities, particularly for women and children. Specifically, access to efficient and affordable energy services is a prerequisite for achieving the Millennium Development Goal (MDG) relating to poverty eradication.

In response, the UN …

Virtue, Vice, And The Globalization Of World Economies, Stephen Preacher

Faculty Publications and Presentations

This study postulates that the recent world financial crisis, symptomatically manifested in the financial markets, is more fundamentally the result of a systemic disregard for moral constraints. This has occurred at macroeconomic levels within the industrialized nations and has pervaded the global economy. Moral relativism has become the dominant ethical system in society and government, and has undermined the virtuous ideals and self-restraint that foster the benefits of capitalism. Coupled with advances in technology and globalization, the effect of vices such as avarice, irresponsibility, excessive risk tolerance and criminal activities have been exacerbated. Government manipulation and intervention has further served …

Scholastic Steroids: Is Generation Rx Cognitively Cheating? , Kelline R. Linton

Pepperdine Law Review

No abstract provided.

Leveraging The Dialectical Theory In Case Study Analysis: Genzyme's Ethical Dilemma, Andrei Duta

The Journal of Business, Entrepreneurship & the Law

This paper provides the theoretical framework for a case study that I share with students in my courses. The dialectical theory is used to analyze ethical conundrums pertaining to Genzyme, a successful bio-tech corporation based in Boston, Massachusetts that manufactures treatments for serious diseases such as kidney problems, immune diseases, and cancer. We discuss questions such as: is Genzyme acting unethically when averaging extremely high profit margins on drugs for rare diseases? Is the company taking advantage of the lack of pharmaceutical choices that patients have when addressing their ailments? The dialectical theory provides the framework and vocabulary for discussing, …

A Fatal Loss Of Balance: Dred Scott Revisited , Daniel A. Farber

Pepperdine Law Review

This essay focuses on three aspects of the Dred Scott opinion: its effort to ensure that blacks could never be citizens, let alone equal ones; its deployment of a "limited government" argument for a narrow interpretation of Congress's enumerated power over the territories; and its path-breaking defense of property rights against government regulation. These constitutional tropes of racism, narrowing of federal power, and protection of property were to remain dominant for another seventy-five years. Apart from the failings of the opinion itself, Dred Scott also represents an extraordinary case of presidential tampering with the judicial process and a breakdown in …

E-Ethics, Michael K. Mcchrystal

Marquette Elder's Advisor

The fit between laws regulating professional ethics and the means of conducting business, particularly telecommunications and computer technology, has become tenuous. Here, McChrystal examines recent legal decisions concerning electronic transmission of information and discusses the impact of Internet messages and e-mail on attorney-client privilege.

Ethical Issues In Medicaid Planning, C. Michael Shallowy

Marquette Elder's Advisor

This article presents the importance of understanding the fairness exceptions to Medicaid. The elderly appear to have a general discomfort with getting something for free. Medicaid is a government program that almost all elderly individuals have contributed to over their life times. This article argues that Medicaid can reduce the psychological harm associated with the need for long-term nursing care.

Ethical Issues In Representing Husbands And Wives In Estate Planning, Barbara Freedman Wand

Marquette Elder's Advisor

The article discusses the ethical considerations for attorneys representing husbands and wives with potential conflicts of interest. It discusses several common situations that by their very nature raise potential conflicts of interest between the spouses when they consider estate planning. These situations include prenuptial agreements, blended families, and inherited wealth.

The Communitarian Approach In The Elder Law Construct, A. Frank Johns

Marquette Elder's Advisor

Johns suggests that the proposed revisions to the Model Rules do not go far enough in their approach to multiple party representations in elder law issues. He discusses initial client contact, formation of the client-lawyer relationship, client confidences in multiple representation, and intergenerational conflicts. Three interesting case studies are included to highlight the problems that can arise.

Has Your Client Lost It? Ethical Considerations In Estate Planning, Marita K. Marshall, Frayda L. Bruton

Marquette Elder's Advisor

This article examines competence issues that lawyers may encounter with a new client with suspect competency or a current client who is now incompetent or whose competency is questionable.

Representing The Mentally Impaired Client, James V. Quillinan

Marquette Elder's Advisor

In this series of articles, the author discusses three troublesome guardianship cases from legal and medical perspectives. Statues and forms for practitioners are provided.

Physical Therapists As Consultants To Elder Law Attorneys And Clients, Ron Scott

Marquette Elder's Advisor

Physical therapists can act as valuable consultants to attorneys practicing elder law and their clients. This article presents an overview of this profession, including areas of practice, certification, ethics code, and information on contacting physical therapists.

Ethics Of The Attorney In Medical Malpractice Litigation, Marshall B. Kapp

Marquette Elder's Advisor

In medical malpractice litigation, providing legal representation to older patients or their healthcare providers carriers significant ethical implication. However, there has been little scholarly or practical discussion of legal ethics concerning circumstances in which the medical malpractice plaintiff is an older person. The author sets forth a tentative outline of key issues that should be included in an analysis of legal ethics in the medical malpractice context, particularly when an older patient is involved.

More Thoughts About Suicide In The Elderly, Richard E. Finlayson

Marquette Elder's Advisor

No abstract provided.

Lawyers And Social Media: The Legal Ethics Of Tweeting, Facebooking And Blogging, Michael E. Lackey Jr., Joseph P. Minta

Touro Law Review

No abstract provided.

Procedure In Eclipse: Group-Based Adjudication In A Post-Conception Era, Myriam E. Gilles

Articles

No abstract provided.

The Integration Of The Ethic Of The Respectful Use Of Animals Into The Law, David Favre

Between the Species

This article develops an ethical construct of “respectful use” to govern the conduct of humans toward animals. The scope of the terms “use” and “respectful” are developed. Some guidelines for the discernment of respectful use of animals are suggested. Then the status of animals within the legal system is briefly considered. Within the law, the socially defined key term is “unnecessary” rather than respectful. Finally, the newer legal standard of duty of care is shown to be approaching the ethical concept of respectful use.

Mid-Atlantic Ethics Committee Newsletter, Spring 2012

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Lawyer As Peacemaker: A Christian Response To Rambo Litigation, L. Timothy Perrin

Pepperdine Law Review

This article examines and critiques Rambo lawyering. The practice of law has evolved so that the cornerstone principle of client loyalty, together with the economic incentives inherent in law practice, not only create strong motivations for lawyers to pursue their clients' causes vigorously, but also allow lawyers to easily absolve themselves of any moral obligation for their activities as their clients' representatives. Vigorous advocacy is an indispensible part of the modern judicial system, and it is generally believed that truth and justice will be served as long as there are vigorous advocates on both sides and the profession's code of …