Legal Ethics and Professional Responsibility Commons^™

Teaching Bioethics: The Role Of Empathy & Humility In The Teaching And Practice Of Law, Barbara A. Noah

Faculty Scholarship

This essay considers the role of empathy and humility in the professional practices of physicians and lawyers and in those who prepare students for these professions. Beginning with an overview of the goals and methods of legal education, it compares similar goals in medical education and the value of practicing law (and medicine) with empathy and humility. The essay then describes exercises used in the law school classroom designed both to teach law students about end-of-life law and also to allow them to practice counseling clients. Through these exercises, law students can experience firsthand the challenges of advising a client …

Public Confidence In The Courts In The Internet Age: The Ethical Landscape For Judges In The Post-Watergate Age, Carolyn A. Dubay

Campbell Law Review

Promoting and protecting public confidence in government institutions is central to continued faith in the rule of law. As a result, when personal scandals or internal failures threaten public trust in government institutions, policy makers have been quick to respond with new measures to increase accountability for misconduct. In the twentieth century, the Watergate scandal of the early 1970s led to significant changes in accountability for misconduct by high-level public officials and in the legal profession generally. For judges, in the years just prior to Watergate, high-profile scandals involving federal judges also led to significant changes in the regulation of …

Ethical Cannabis Lawyering In California, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

Cannabis has a long history in the United States. Originally, doctors and pharmacists used cannabis for a variety of purposes. After the Mexican Revolution led to widespread migration from Mexico to the United States, many Americans responded by associating this influx of foreigners with the use of cannabis, and thereby racializing and stigmatizing the drug. After the collapse of prohibition, the federal government repurposed its enormous enforcement bureaucracy to address the perceived problem of cannabis, despite the opposition of the American Medical Association to this new prohibition. Ultimately, both the states and the federal government classified cannabis as a dangerous …

Reaching For The Stars: A Proposal To The Ftc To Help Deter Astroturfing And Fake Reviews, Matthew Barish

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Undocumented Citizens Of The United States: The Repercussions Of Denying Birth Certificates, Anna L. Lichtenberger

St. Mary's Law Journal

Abstract forthcoming

Navigating The Research-Clinical Interface In Genomic Medicine: Analysis From The Cser Consortium, Ellen Wright Clayton, Susan M. Wolf, Laura M. Amendola, Et Al.

Vanderbilt Law School Faculty Publications

Purpose: The Clinical Sequencing Exploratory Research (CSER) Consortium encompasses nine National Institutes of Health– funded U-award projects investigating translation of genomic sequencing into clinical care. Previous literature has distinguished norms and rules governing research versus clinical care. This is the first study to explore how genomics investigators describe and navigate the research–clinical interface. Methods: A CSER working group developed a 22-item survey. All nine U-award projects participated. Descriptive data were tabulated and qualitative analysis of text responses identified themes and characterizations of the research–clinical interface. Results: Survey responses described how studies approached the research–clinical interface, including in consent practices, recording …

Detection And Correction Of Case-Publication Bias, Edward K. Cheng

Vanderbilt Law School Faculty Publications

The article proceeds as follows. Section 2 motivates the study by de scribing the reasons why case publication bias may be especially acute in the evidentiary context. Section 3 discusses methods for detecting and correcting publication bias. It surveys existing approaches, introduces the intuition behind MSE, and then develops a series of detection models. Section 4 turns to applications. To validate the method, I first apply the proposed model to simulated data sets in which I control the level of publication bias present. I then apply the model to a newly compiled data set of evidentiary rulings dealing with false …

(At Least) Thirteen Ways Of Looking At Election Lies, Helen Norton

Publications

Lies take many forms. Because lies vary so greatly in their motivations and consequences (among many other qualities), philosophers have long sought to catalog them to help make sense of their diversity and complexity. Legal scholars too have classified lies in various ways to explain why we punish some and protect others. This symposium essay offers yet another taxonomy of lies, focusing specifically on election lies — that is, lies told during or about elections. We can divide and describe election lies in a wide variety of ways: by speaker, by motive, by subject matter, by audience, by means of …

Celebrating Mundane Conflict, Deborah J. Cantrell

Publications

This Article interrogates the dominant conception of conflict and challenges the narrative of conflict as hard, difficult and painful to engage. The Article reveals two primary framing errors that cause one to misperceive how ubiquitous and ordinary is conflict. The first error is to misperceive conflict as categorical — something either is a conflict or it is not. People make that error as a way of trying to avoid conflict. People falsely hope that there might be a category of “not conflict,” like disagreements, that will be easier to navigate. The second error is to misperceive the world and individuals …

Less Due Process Than Terrorists: An Analysis Of The Eric C. Conn Fiasco, Chelise L. Conn Greer

Kentucky Law Journal

No abstract provided.

9 Strategies For Improving The Legal Internship Experience At Your Office, Nicole P. Dyszlewski

Law Faculty Scholarship

No abstract provided.

Access To Consumer Bankruptcy, Pamela Foohey

Scholarly Works

This essay examines the state of access to justice in the context of consumer bankruptcy from two vantage points: (1) how people decide that their money problems are legal problems addressable by filing bankruptcy; and (2) the barriers people face in using the consumer bankruptcy system. To shed new light on how people decide to use bankruptcy to address their financial troubles, I analyze a sample of narratives accompanying consumers' complaints about financial products and services submitted to the Consumer Financial Protection Bureau. I also chronicle the evolution of research regarding consumer bankruptcy’s “local legal culture,” systemic racial bias, and …

Finality Of A Conviction: A Noncitizen's Right To Procedural Due Process, Daniela Mondragon

St. Mary's Law Journal

Abstract forthcoming

Work Only We Can Do: Professional Responsibility In An Age Of Automation, Sherman J. Clark

Articles

Automation can help us do our work as lawyers; but in the process, it should also force us to be more thoughtful about what our work really is or ought to be.' The challenge for the profession, as I see it, is not simply to survive the advent of new technology, nor even merely to make effective use of new tools. While addressing those immediate concerns, we should also welcome the concomitant opportunity to develop and refine our understanding of what it means to be a good and ethical lawyer. As technological developments free us from and prevent us from …

Professional Liability, Evan A. Kirkham, Derrick R. Ward, Lance G. Henderson

SMU Annual Texas Survey

No abstract provided.

Bringing Counsel In From The Cold: Reconciling Ethical Rules With The Quagmire Of Insurance Defense Practice, Joseph Regalia, V. Andrew Cass

Scholarly Works

Our case study is an ethical dilemma faced by insurance defense attorneys daily. An attorney is hired by Insurance Company A to defend an insured who is in a lawsuit over a car accident. Insurance Company A is one of the attorney's best clients, from whom he receives a steady stream of cases. Our attorney's investigation reveals good news-another driver not yet a party to the lawsuit may have contributed to the accident. This revelation has the potential to shift the blame, and all or part of the financial responsibility, onto the shoulders of the new potential party and his …

Uncharted Waters? Legal Ethics And The Benefit Corporation, Joseph Pileri

Scholarly Articles in Law Reviews & Journals

Corporate law norms are reflected in lawyers’ ethical duties. The enactment of benefit corporation legislation across the country signals a legislative acknowledgment that corporate law can serve as a public, rather than a merely private, ordering mechanism. Benefit corporations expressly adopt a public benefit as a legal purpose of the enterprise. While many have written about this important development with respect to corporate fiduciary law, this essay is the first to explore the professional and ethical responsibility of lawyers representing benefit corporations. In the last century, as scholars and courts drove an understanding of corporate law that elevated the interests …

Ethics And The History Of Social Movement Lawyering, Susan Carle

Scholarly Articles in Law Reviews & Journals

No abstract provided.

A Reflection On The Ethics Of Movement Lawyering, Susan Carle, Scott L. Cummings

Scholarly Articles in Law Reviews & Journals

This essay takes a new look at legal ethics issues salient to "movement lawyers" who maintain a sustained commitment to social movement goals and collaborate with social movement organizations over time to achieve them. The essay provides a historical overview of movement lawyering, tracing its development to current practice in which movement lawyers work in collaboration with mobilized social movement groups, though not always in traditional lawyer-client relationships. As this analysis reveals, contemporary movements employ a sophisticated array of strategies, which may pull lawyers away from traditional representation paradigms. We argue that the legal ethics literature on movement lawyering must …

The Settlement Problem In Public Interest Law, Susan Carle

Scholarly Articles in Law Reviews & Journals

Public interest lawyers, of many types and political persuasions, play a vital role in pursuing '"public justice." For public interest (as for all) lawyers, settlement provides an important means of resolving cases. Yet a persisting ambivalence about case settlement in public interest law contributes to the difficulties public interest practitioners face in sustaining themselves in practice. Indeed, public interest lawyers identify case settlement as posing some of the most vexing legal ethics problems they routinely confront.

The trouble often stems from the fact that, in public interest law where clients do not pay for legal services, the economic incentives that …