Legal Ethics and Professional Responsibility Commons^™

A Literary Analysis Of The Origin Of Human Embryonic Stem Cells, Its Advancements, Philosophical, Ethical, Sociocultural, And Political Aspects; An Investigation Of The Underlying Attributes That Affect One’S Views On Hesc Research To Resolve Turkey And Brazil’S Hesc Policy, Religious, And Cultural Conflicts, Haleema Shamsuddin

Honors Scholars Collaborative Projects

Human embryonic stem cells (hESCs) are cells derived from 5-day human embryos and are self-renewing cell lines that change into any type of cell in the body, a trait called pluripotency. hESCs have almost unlimited clinical and medical research potential. Despite the great therapeutic promise of hESC research, it comes with a controversial ethical debate due to its involvement with the destruction of the human embryo. The central argument revolves around the question of whether or not these human embryos should be ascribed equal moral status to fully developed humans. This thesis aims to analyze the origin and advancements of …

A Virtue Ethics Approach To Professional Identity: Lessons For The First Year And Beyond, Patrick Emery Longan, Daisy Hurst Floyd, Timothy Floyd

Articles

We have been teaching, writing, and speaking about professional identity formation for many years. Over that period, we have arrived by various routes at a virtue ethics approach to professional identity formation. In this article, we will share our approach and include lessons for the first year of law school and beyond.

Our commitment to a virtue ethics approach did not emerge overnight. It evolved over the years and comes from our varied experiences. Pat Longan's path emerged from his experience as a teacher and scholar of professional responsibility who was asked in 2002 to develop a stand-alone course on …

Advocating For The Future, John C. Dernbach, Irma S. Russell, Matthew Bogoshian

Faculty Works

Attorneys in our varied roles need to step up and address the climate crisis for the sake of every person and for the public good. All lawyers must be sustainability lawyers now. This article explains why; it also offers an illustrative set of suggestions on how to get started and what to do.

The Incorporation Of Government Lawyering In The Teaching Of Legal Ethics In Canadian Law Schools, Andrew Martin, Leslie Walden

Articles, Book Chapters, & Popular Press

Government lawyers, and the specific legal ethics issues that arise in their practices, remain largely overlooked in Canadian legal education. The authors argue that government lawyering should be better incorporated into legal ethics curricula in law schools, for both practical and conceptual reasons. Most importantly, understanding issues unique to government lawyering helps students better understand core concepts in legal ethics, and thus better prepare for the practice of law both in the public and private sectors. While law teachers face serious challenges in incorporating government lawyering into legal ethics education, many of those challenges can be confronted and ameliorated. The …

How Indigenous-Language Court Interpreters And Clients Navigate The U.S. Court System Under Strict Court-Interpreting Guidelines, Ashten Lehwalder

University Honors Theses

In Oregon, requests for court interpreters of languages indigenous to Latin America have increased within the last few years. However, the number of available indigenous-language court interpreters in the U.S. remains low. During the 2019 U.S.--Mexico Border Crisis, many refugees seeking asylum were from Mayan communities; indigenous-language court interpreters struggled to meet the demand. Even though court interpreting is a civil right in the U.S., many individuals have been afforded inadequate language services, or have gone without interpreters altogether. This study seeks to understand the experience of indigenous-language court interpreters, who must operate according to a code of ethics, through …

“We” The Jury: The Problem Of Peremptory Strikes As Illustrated By Flowers V. Mississippi, Kayley A. Viteo

St. Mary's Law Journal

Abstract forthcoming.

Moral, Eeligious And Legal Sides Of Conducting Researches On Stem Cells, Fwaz Saleh

UAEU Law Journal

Scientific Progress in medicing, gentics, and biology has led to find out new applications that open wide horizons in treating some chronic diseases. One of these applications is conducting researches on stem cells.

Stem cells are defined as a group of undifferentiated calls that can multiply without losing their ability to be distinguished from all other kinds of cells. The fertilized egg is the typical example of the stem cells ehere it is considered the first embryo cell from which all the body cells come out.

The stem cells are regarded as the stars of the modern biology. It is …

When Justice Should Precede Generosity: The Case Against Charitable Immunity In Arkansas, Courtney Jane Baltz

Arkansas Law Notes

This Comment discusses various aspects of the modern hospital and examines charitable immunity’s incompatibility with modern law.

First, Part II explains the historical justifications for immunity and presents the doctrine’s landscape in the United States. Part III examines the role precedent plays in continuing to adhere to the rule of immunity. Part IV takes an in-depth approach of the big business of hospitals by evaluating various financial aspects of charitable hospitals. Part V explores the reality of charitable immunity falling out of touch with concepts of modern law. Part VI takes a more specific look at the application of the …

Wrongful Incarceration Causes Substantial Bodily Harm: Why Lawyers Should Be Allowed To Breach Confidentiality To Help Exonerate The Innocent, Vania M. Smith

Catholic University Law Review

The Model Rules of Professional Conduct (MRPC) governs the conduct of lawyers and provides the framework for how individual states and territories craft their rules. Rules regarding confidentiality have been central through the many iterations of these rules since their inception. Client confidentiality protections are critical to establishing and maintaining the public trust in the profession. Rule 1.6 of the MRPC gives a lawyer the opportunity to divulge a client confidence under varying circumstances, including the prevention of “substantial bodily harm”. To date, this has not resulted in a wide interpretation that this exception includes wrongful incarceration. This article seeks …

Panel: Legal Ethics And The Environmental/Natural Resources Lawyer's Practices, John R. Leathers, Richard H. Underwood, Skip Stigger, Joseph J. Zaluski, Frank Dickerson, Donald H. Vish, W. Henry Graddy Iv, Thomas J. Fitzgerald

Journal of Natural Resources & Environmental Law

No abstract provided.

Disrupting Frivolous Defenses, Thomas D. Russell

Sturm College of Law: Faculty Scholarship

Judge Milton I. Shadur was a disrupter of frivolous defenses. In 2018, Judge Shadur died at the age of 93 after 37 years as a judge of the United States District Court for the Northern District of Illinois. Sua sponte, Judge Shadur reviewed civil answers, and disrupted the pleading of frivolous defenses. Sua Sponte Shadur—as some lawyers called him—rejected answers that departed from or ignored Rule 8 of the Federal Rules of Civil Procedure.

In 2001, Judge Shadur issued an Appendix to an order in State Farm v. Riley, 199 F.R.D. 276 (N.D. Ill. 2001) with his expectations regarding how …

The Electronic Press And Its Lack Of Responsibility

UAEU Law Journal

The electronic press is the most widespread form of mass media represented by press publication services through websites publishing news, reports, investigations and press articles. It enjoys a lot of freedom and self-expression; however, such excessive freedom and self-expression is not absolute, for there are standard morals of press occupation governed basically by general disciplines, such as honesty and truth which have the ultimate aim of improving the performance of mass media and controlling mass media for the benefit of society and its issues.

Individuals harmed as a result of electronic publication as well as those who suffer from slander …

Learning From The Past: Using Korematsu And Other Japanese Internment Cases To Provide Protections Against Immigration Detentions, Caleb Ward

Arkansas Law Review

One of the darkest periods in modern United States history is reoccurring with mixed public approval. During World War II, the United States government enacted executive orders creating a curfew, proscribing living areas, and forcing the exclusion and detention of all Japanese descendants from the West Coast. The United States justified these grievous freedom and equality violations through an increased need for national security “because we [were] at war with [Japan].” However, this perceived increased need for national security came from a fraudulent assessment showing any Japanese-American could be planning espionage or sabotage of the United States. After the war, …

The Commitment Of Comparative Legal Systems Of The Principle Of Pre- Contractual Good Faith At The Phase Of Negotiating Contract Terms, Mahmoud Fayyad

UAEU Law Journal

Jurists of comparative law still disagree about the legal nature of the principle of pre-contractual good faith and its recognition in comparative legal systems. A unified definition could not be concluded for this principle besides its role in organizing legal transactions. The author of this paper is seeking to provide a clear definition for this principle, to clarify its role in legal transactions, to provide specific criteria to actions that may be breach it. Finally an examination of the organization of this principle in those legal systems was conducted. The German, Latin, Common law, UNIDROIT principles and the principles of …

How And Why Did It Go So Wrong?: Theranos As A Legal Ethics Case Study, G.S. Hans

Georgia State University Law Review

The Theranos saga encompasses many discrete areas of law. Reporting on Theranos, most notably John Carreyrou’s Bad Blood, highlights the questionable ethical decisions that many of the attorneys involved made. The lessons attorneys and law students can learn from Bad Blood are highly complex. The Theranos story touches on multiple areas of professional responsibility, including competence, diligence, candor, conflicts, and liability. Thus, Theranos serves as a helpful tool to explore the limits of ethical lawyering for Professional Responsibility students.

This Article discusses the author’s experience with using Bad Blood as an extended case study in a new course on Legal …

"Doing It For The 'Gram?" The Representational Politics Of Popular Humanitarianism, Orlando Woods, Siew Ying Shee

Research Collection School of Social Sciences

This paper explores how digital photography – the practice of taking pictures and sharing them via social media – can give rise to representational politics. These politics are pronounced when disadvantaged people and places are the objects of digital representation, as they become (dis)empowered by being implicated in the affective economy of difference. Empirically, we examine the representational practices that Singaporean voluntourists, and companies that organise overseas humanitarian projects, engage in. We highlight how their motivations for engaging with these projects can be obfuscated by the opportunity to generate influence on Instagram, which can then shape the practice of popular …

The Race To The Top To Reduce Prosecutorial Misconduct, Adam M. Gershowitz

Faculty Publications

This Essay offers an unconventional approach to deterring prosecutorial misconduct. Trial judges should use their inherent authority to forbid prosecutors from appearing and handling cases in their courtrooms until the prosecutors have completed training on Brady v. Maryland, Batson v. Kentucky, and other types of prosecutorial misconduct. If a single trial judge in a medium-sized or large jurisdiction imposes training prerequisites on prosecutors, it could set off a race to the top that encourages other judges to adopt similar (or perhaps even more rigorous) training requirements. A mandate that prosecutors receive ethics training before handling any cases is …

Reckoning: A Dialogue About Racism, Antiracists, And Business & Human Rights, Erika George, Jena Martin, Tara Van Ho

Faculty Scholarship

Video of George Floyd's death sparked global demonstrations and prompted individuals, communities and institutions to grapple with their own roles in embedding and perpetuating racist structures. The raison d'être of Business and Human Rights (BHR) is to tackle structural corporate impediments to the universal realization of human rights. Yet, racism, one of the most obvious of such barriers, has been a blind spot for BHR. While the field has contended with gender inequality, there have only been tokenistic nods to intersectional harms caused by business activities. The failure to address racism seriously undermines both the promise of BHR generally and …

Closing Remarks, J S. Nelson

Villanova Law Review Norman J. Shachoy Symposium

No abstract provided.

Featured Speaker, Mary C. Gentile

Villanova Law Review Norman J. Shachoy Symposium

No abstract provided.

Free Speech In The Balance: Judicial Sanctions And Frivolous Slapp Suits, Shine Sean Tu, Nicholas F. Stump

Loyola of Los Angeles Law Review

The balance between free speech and access to courts in defamation tort actions is fraught with public policy concerns. On one hand, plaintiffs should have unencumbered access to the justice system to remedy real harms brought upon them by defamatory statements. However, defamation suits should not be wielded to suppress the constitutionally protected free speech rights of news organizations and of concerned citizens that are vital for well-functioning democracies. This Article argues for a new type of remedy, namely enhanced Rule 11 attorney sanctions, such as suspension or debarment, that should be available to defendants of defamation suits brought by …

A Fireside Chat With Supreme Court Justices Mcmillian And Warren, Carla Wong Mcmillian, Sarah Hawkins Warren

Edith House Lectures

The Women's Law Student Association is hosting the 38th Annual Edith House Lecture featuring Georgia Supreme Court Justices Carla Wong McMillian and Sarah Hawkins Warren. Inaugurated in 1983, the Edith House Lecture Series honors one of the first female graduates of the School of Law, Edith Elizabeth House. House was co-valedictorian of the law class of 1925 and enjoyed a distinguished career in public service.

In a moderated “fireside chat” format, Justices McMillian and Warren spoke about their backgrounds, experiences as women in the legal profession, and paths to Georgia’s highest court. Students and faculty had the opportunity to ask …

Recent Trends In The Civil Liability Of Physicians And Its Consequences On Heightening Their Professional Obligations, Benseghir Mourad

UAEU Law Journal

Medical responsibility has developed rapidly due to scientific progress and modern medical discoveries. This has been reflected physicians’ practice and their involvement in medical interventions through the legal aspects of medicine and its scientific principles towards their patients. These factors have piled up to give us a new direction in the path of medical responsibility aimed primarily at balancing and protecting the interests of doctors and patients.

This study deals with a very important and precise issue, as it relates to the essence and the basis of the profession of human medicine, namely, the tendency to gradually tighten professional physicians' …

The Scope Of The Physician's Commitment To Inform The Patient Of The Medical Risks: A Comparative Study, Ahmed Jarad

UAEU Law Journal

In view of the frequent and emergent technological developments in equipment and machines for diagnosis, treatment, and the successive discoveries of biomedical research that may cause unusual damage to patients; and in regard to a growing public knowledge about the basic data related to many aspects of access to medical information, it was necessary to transfer the nature of the relationship between the doctor and his patient from absolute medical custody to the gradual partnership in taking the appropriate decision for medical intervention according to the patient's health situation. This ultimately requires to inform the patient immediately of his health …

Civil Liability For Damage Resulting From Genetically Modified Organisms (Gmos): A Comparative Study

UAEU Law Journal

The most serious damage to human and other living organisms at present is the damage of genetically modified organisms, where they can eventually be used as weapons of mass destruction in the form of a bacteriological war that destroys human civilization, we will present the problem in terms of: Identification of genetically modified organisms by determining their scope, and to identify the aspects of the damage resulting from them, and how to compensate each type of species, whether it is related to plant, animal, human or the environment. We then present the legal basis for civil liability resulting from damage …

Transformational Leadership, Conflict Management Style, And Job Satisfaction In Law Enforcement, Giuseppe Alise

Seton Hall University Dissertations and Theses (ETDs)

Abstract

Effective leaders are essential for any organization, including law enforcement. Police work is not free from the challenges of leadership, confronted with its own unique challenges, including developing ways to adapt to rapid change and continually having to adjust to various political and environmental factors.

This research is an in-depth examination of how transformational leadership and conflict management style drive job satisfaction in law enforcement. The goal is to determine whether employee satisfaction achieved through transformational leadership is, in fact, largely the result of how leadership handles conflict. The idea is to disentangle the relationship between transformational leadership and …

Corporate Law For Good People, Yuval Feldman, Adi Libson, Gideon Parchomovsky

Northwestern University Law Review

This Article offers a novel analysis of the field of corporate governance by viewing it through the lens of behavioral ethics. It calls for both shifting the focus of corporate governance to a new set of loci of potential corporate wrongdoing and adding new tools to the corporate governance arsenal. Behavioral ethics scholarship emphasizes that the large share of wrongdoing is generated by “good people” whose intention is to act ethically. Their wrongdoing stems from “bounded ethicality”—various cognitive and motivational limitations in their ethical decision-making processes—that leads to biased decisions that seem legitimate. Bounded ethicality has important implications for a …

Collared—A Film Case Study About Insider Trading And Ethics, Garrick Apollon

St. Mary's Journal on Legal Malpractice & Ethics

This Article discusses the visual legal advocacy documentary film, Collared, by Garrick Apollon (author of this Article). Collared premiered in fall 2018 to a sold-out audience at the Hot Docs Cinema in Toronto for the Hot Docs for Continuing Professional Education edutainment initiative. Collared features the story and reveals the testimony of a convicted ex-insider trader who is still struggling with the tragic consequences of “the most prolonged insider trading scheme ever discovered by American and Canadian securities investigators.” The intimate insights shared by former lawyer and reformed white-collar criminal, Joseph Grmovsek, serves as a painful reminder of the …

“Listserv Lawyering”: Definition And Exploration Of Its Utility In Representation Of Consumer Debtors In Bankruptcy And In Law Practice Generally, Josiah M. Daniel Iii

St. Mary's Journal on Legal Malpractice & Ethics

The author examines the communications and activities of bankruptcy lawyers participating in the listserv of the Bankruptcy Law Section of the State Bar of Texas and finds that those activities constitute a previously unrecognized form of “lawyering,” which he has defined as the work of lawyers in and through the legal system to accomplish the objectives of their clients. Review of specific postings about legal issues and practical problems by Texas bankruptcy lawyers, whose practices are primarily on behalf of individual debtors in cases under Chapters 7 and 13 of the Bankruptcy Code, and observations about the voluntary, collaborative, and …

Punishing The Victim: Model Rule 1.16(A)(2) And Its Relation To Lawyers With Anxiety, Depression, And Bipolar Disorder, Daniel G. Esquivel

St. Mary's Journal on Legal Malpractice & Ethics

Abstract forthcoming.