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Legal Ethics and Professional Responsibility Commons

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6,647 full-text articles. Page 1 of 164.

Federalism In The Algorithmic Age, Chad Squitieri 2021 Duke Law

Federalism In The Algorithmic Age, Chad Squitieri

Duke Law & Technology Review

No abstract provided.


Legal Lying?, Robert Angyal, Nicholas Saady 2021 Pepperdine University

Legal Lying?, Robert Angyal, Nicholas Saady

Pepperdine Dispute Resolution Law Journal

Mediation has become very common in the USA and Australia—at least partly because of court-mandated mediation initiatives. Lawyers often represent clients at mediations, so the increased use of mediation makes it important to understand how both jurisdictions regulate lawyers’ advocacy on behalf of their clients during mediation. This article comparatively analyzes how professional standards regulate the truthfulness of lawyers’ advocacy during mediation in Australia and the United States. It focuses on uniform regulation in those jurisdictions. Part One will comparatively analyze the relevant regulations in Australia and the United States, and the types of obligations contained in those regulations ...


Equal Injustice For All: High Quality Self-Representation Does Not Ensure A Matter Is “Fairly Heard”, Jona Goldschmidt 2021 Seattle University School of Law

Equal Injustice For All: High Quality Self-Representation Does Not Ensure A Matter Is “Fairly Heard”, Jona Goldschmidt

Seattle University Law Review SUpra

No abstract provided.


Impact Of Organizational Fairness On Ethical Policing In The Community, David P. Cepiel 2021 Olivet Nazarene University

Impact Of Organizational Fairness On Ethical Policing In The Community, David P. Cepiel

Ed.D. Dissertations

Since 2015, policing has suffered from negative publicity due to unfortunate and often deadly interactions between police officers and people of color. As a result of these sad events, various programs have been incorporated into many police departments to increase professionalism among officers. One such program focuses on increasing legitimacy by teaching procedural justice concepts to officers. This study examined the impacts of organizational fairness on officers from the perspective of procedural justice. Building on previous research, this study focused on the officers and sergeants employed in two small municipal police departments in the Midwestern United States. Ninety-eight participants from ...


Freedom Of Expression V. Social Responsibility On The Internet: Vivi Down Association V. Google, Raphael Cohen-Almagor, Natalina Stamile 2021 University of Hull

Freedom Of Expression V. Social Responsibility On The Internet: Vivi Down Association V. Google, Raphael Cohen-Almagor, Natalina Stamile

Seattle Journal of Technology, Environmental & Innovation Law

The aim of the article is to reflect on Google’s social responsibility by analyzing a milestone court decision, Vivi Down Association v. Google, that took place in Italy, involving the posting of an offensive video clip on Google Video. It was a landmark decision because it refuted the assertion that the Internet knows no boundaries, that the Internet transcends national laws due to its international nature, and that Internet intermediaries, such as Google, are above the law. This case shows that when the legal authorities of a given country decide to assert their jurisdiction, Internet companies need to abide ...


Getting Away With Murder: How California State Law Determined Recovery In First Roundup Cancer Case Johnson V. Monsato Co., Eliza L. Quattlebaum 2021 Villanova University Charles Widger School of Law

Getting Away With Murder: How California State Law Determined Recovery In First Roundup Cancer Case Johnson V. Monsato Co., Eliza L. Quattlebaum

Villanova Environmental Law Journal

No abstract provided.


Emergent Neurotechnologies And Challenges To Responsibility Frameworks, Laura Cabrera, Jennifer Carter-Johnson 2021 The University of Akron

Emergent Neurotechnologies And Challenges To Responsibility Frameworks, Laura Cabrera, Jennifer Carter-Johnson

Akron Law Review

This article examines the emerging medical technology of deep brain stimulation (DBS), a type of brain implant, to determine its ethical and legal ramifications. Lawyers, philosophers, and ethicists have labored to define the conditions under which individuals are to be judged legally and morally responsible for their actions. But where does responsibility lie if a person acts under the influence of her brain implant? Do we hold the individual solely responsible for her actions? Can we attribute any blame to the device? What about the engineers who designed it, or the manufacturer? The neurosurgeon who implanted it, or the neurologist ...


Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams 2021 University of Mississippi

Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams

Honors Theses

The purpose of this research is to examine the political, social, and economic factors which have led to inhumane conditions in Mississippi’s correctional facilities. Several methods were employed, including a comparison of the historical and current methods of funding, staffing, and rehabilitating prisoners based on literature reviews. State-sponsored reports from various departments and the legislature were analyzed to provide insight into budgetary restrictions and political will to allocate funds. Statistical surveys and data were reviewed to determine how overcrowding and understaffing negatively affect administrative capacity and prisoners’ mental and physical well-being. Ultimately, it may be concluded that Mississippi has ...


Insider Trading As A Precursor To Modern Business Ethics, Robyn Coleman 2021 University of Arkansas, Fayetteville

Insider Trading As A Precursor To Modern Business Ethics, Robyn Coleman

Finance Undergraduate Honors Theses

There has been a recent change in business that there is more focus on the “stakeholder approach” than shareholder primacy. This can be attributed to the early actions and illegality of insider trading that expected a step beyond a solely economic approach. This attitude was then replicated to become what we see as the modern business approach. Business now includes ethical investing, environmental focus, corporate citizenship, and emphasis on multiple stakeholders that was not always there. Companies have embraced this position while others have been criticized for not doing so. As this approach develops and changes, it will be enlightening ...


“Lawyers’ Work”: Does The Court Have A Legitimacy Crisis?, Lackland Bloom 2021 St. Mary's University

“Lawyers’ Work”: Does The Court Have A Legitimacy Crisis?, Lackland Bloom

St. Mary's Law Journal

Talk of the Supreme Court’s legitimacy is pervasive. It can’t be avoided by anyone paying attention. The question this article addresses is does the Supreme Court have a legitimacy crisis. The title “Lawyers’ Work” is taken from Justice Scalia’s dissenting opinion in Planned Parenthood v. Casey in which he declared that as long as the Court decides cases by engaging in “Lawyers’ Work” the public will leave it alone. This article concludes that Justice Scalia was partially though not entirely correct.

The article begins by considering the concept of judicial legitimacy as developed and studied by political ...


Technocapital@Biglaw.Com, Bruce A. Green, Carole Silver 2021 Northwestern Pritzker School of Law

Technocapital@Biglaw.Com, Bruce A. Green, Carole Silver

Northwestern Journal of Technology and Intellectual Property

The transformative potential of technology in legal practice is well recognized. But wholly apart from how law firms actually use technology is the question of what law firms say about how they use and relate to technology—in particular, how law firms communicate whether technology matters and has value in what they do. In the past, firms in the BigLaw category, especially at the top echelon, have grounded their reputations on the credentials and achievements of their lawyers. In this paper, we explore whether elite law firms use technology similarly by describing it as an additional tool of inter-firm competition ...


Specialty Bar Associations And The Marketing Of Ethics: The Example Of The Academy Of Adoption Attorneys, Malinda L. Seymore 2021 Texas A&M University School of Law

Specialty Bar Associations And The Marketing Of Ethics: The Example Of The Academy Of Adoption Attorneys, Malinda L. Seymore

Faculty Scholarship

In a world of lawyer jokes, memes of sleazy lawyers and the ubiquity of bad lawyers in television shows and movies, lawyers have reason to push back against negative public perceptions of lawyers’ ethics. This article examines the role of specialty bar associations, by using the example of the Academy of Adoption Attorneys, in marketing ethics to the public.

Specialty bar associations have been seen as sites of lawyer socialization and professionalism. Though there are thousands of specialty bar associations with aspirational ethical codes, the Academy of Adoption Attorneys is unusual among such associations in having a mandatory ethics code ...


Texas: A Weak Governor State, Or Is It?, Ron Beal 2021 Baylor University

Texas: A Weak Governor State, Or Is It?, Ron Beal

St. Mary's Law Journal

The current Texas Constitution was adopted in 1876 and was written after the Civil War and the Reconstruction Period when Federal troops occupied the State. The general perception is that the Federal troops used the Governor, in essence, to impose a form of dictatorship over the people. It was clearly the intent of the new constitution’s framers to create a very weak governor form of government in order to spread its powers to many independently elected officials. It provided that the state officers who were appointed by the Governor and approved by the Senate were semi-independent from the Governor ...


The Error Of The Paquete Habana: U.S. Naval Forces In The Safe Harbor Of Commander-In-Chief Discretion And The Law Of War, T. Nelson Collier 2021 The Veterans Consortium Pro Bono Program

The Error Of The Paquete Habana: U.S. Naval Forces In The Safe Harbor Of Commander-In-Chief Discretion And The Law Of War, T. Nelson Collier

St. Mary's Law Journal

Abstract forthcoming.


Intersectionality And Accessibility To Social Services, Nora Khuder 2021 University of Southern Maine

Intersectionality And Accessibility To Social Services, Nora Khuder

Thinking Matters Symposium

In times of a crisis the intersectionality of sex, class, and ability creates a vulnerable population. Many available “resources'' are exhausted, due to high demand. Intersectionality signifies the impact of multiple intersecting identities in society as a direct correlation to the specific and unique barriers of marginalized groups. Resources are currently limited due to the lack of representative data. Although many studies have been conducted, many researchers have failed to capture the need of social services in rural areas.


The Stress Test: Searching For Wellbeing In Law School, Annie Swift 2021 University of New Mexico - School of Law

The Stress Test: Searching For Wellbeing In Law School, Annie Swift

Student Published Scholarship

Swift hosted a related podcast episode “A Conversation About Well-Being in Law School”. In this episode, she interviewed Dr. Katie Young, PhD, J.D., and professor of sociology at UM Amherst and author of "How to be (Sort Of) Happy in Law School."


Employment Arbitration Agreements: The Case For Ethical Standards For Dispute Resolution System Designers, Michael L. Russell 2021 Pepperdine University

Employment Arbitration Agreements: The Case For Ethical Standards For Dispute Resolution System Designers, Michael L. Russell

Pepperdine Dispute Resolution Law Journal

Dispute resolution design is an emerging field, both academically and professionally. Attorneys, mediators, and arbitrators, the other roles in the alternative dispute resolution process, have codes of ethics which guide their conduct. Dispute resolution designers, however, have no such guidelines. This article uses the example of mandatory arbitration agreements in the employment context to illustrate why this lack of ethical guidelines for dispute resolutions designers is problematic. In recent years, mandatory arbitration agreements significantly impacted employment law and litigation. The two most problematic provisions that often appear in mandatory arbitration agreements in the workplace context are cost sharing provisions and ...


أ.د. محمد رياض الخاني ، المبادىء الأخلاقية التي يجب أن يتحلى بها الطبيب في ممارسته لمهنته الطبية, 2021 United Arab Emirates University

أ.د. محمد رياض الخاني ، المبادىء الأخلاقية التي يجب أن يتحلى بها الطبيب في ممارسته لمهنته الطبية

Journal Sharia and Law

استأثرت الأعمال الطبية التقليدية العلاجية والجراحية ، ومازالت ، بكثير من الاهتمام علىكافة الأصعدة ، القانونية ، والدينية الشرعية، والاجتماعية ، والنفسية ، والأدبية والأخلاقية ، والمالية وغيرها.

ولا ننسى في هذا المجال الإشارة إلى أن فقهاء الشريعة الإسلامية قد أشبعوا المواضيع المذكورة درساً وتمحيصاً ، ووصلوا إلى نتائج تكاد لا تفترق أو لا تختلف عن النتائج التي وصل إليها رجال القانون الوضعي في الإطار الجزائي والمدني والمهني أو المسلكي.

إلا أن تطور الفكر البشري وبعض الشرائع السكانية في المجتمعات العربية والإسلامية والغربية قد أبدل طبيعة الأعمال اليومية المعتادة للطبيب المعالج أو الجراح أو المولد وغيرهم، بحيث أصبحت أعمال من يساعدهم في ممارستها غير محصورة في الإطار التقليدي.


The Attorney-Client Privilege And Former Employees, Douglas R. Richmond 2021 The Catholic University of America, Columbus School of Law

The Attorney-Client Privilege And Former Employees, Douglas R. Richmond

Catholic University Law Review

Attorney-client relationships are infused with confidentiality, and the attorney-client privilege is critical to the protection of sensitive and important communications between clients and their lawyers. Organizational clients, like individuals, are entitled to assert the attorney-client privilege concerning communications that fall within its scope.

In the organizational context, a common problem is determining who among the entity’s employees speaks on its behalf, such that communications between the entity’s lawyers and those employees may be protected against discovery by the organization’s adversaries and other third parties. And, of course, as organizations experience the inevitable turnover in their workforces, another ...


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 2021 Belmont University

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 Theses

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 ...


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