The Art Of Self And Becoming A Professional,
2017
Mercer University School of Law
The Art Of Self And Becoming A Professional, Jack L. Sammons
Mercer Law Review
This talk about the self originated in comments made by Joshua Bishop. Josh was executed by the People of the State of Georgia on March 31, 2016. Now I have long puzzled over questions of the self, especially in the context as here of students and practitioners who are in the process of becoming professionals; so the issues were not new to me although I had never gotten very far with them. But Josh's comments, when I first heard them, seemed to me to be a uniquely reliable resource for returning to these issues again. He spent most of his …
Developing Virtue And Practical Wisdom In The Legal Profession And Beyond,
2017
Mercer University School of Law
Developing Virtue And Practical Wisdom In The Legal Profession And Beyond, Mark L. Jones
Mercer Law Review
It is a central axiom of this Article that the good lawyer is a virtuous lawyer and that the possession and exercise of virtue is central to the lawyer's professional character and professional identity. The Article is therefore resonant with the school of "virtue jurisprudence" according to which the behavior of legal actors such as judges and lawyers and the ends of law pursued by legislators should be concerned with the development and exercise of virtues such as courage, honesty, integrity, wisdom, temperance, and, of course, justice as central to a life of human flourishing. It is also resonant with …
Educational Interventions To Cultivate Professional Identity In Law Students: Introduction,
2017
Mercer University School of Law
Educational Interventions To Cultivate Professional Identity In Law Students: Introduction, Patrick Emery Longan
Mercer Law Review
On October 7, 2016, the Mercer Law Review co-sponsored the 17th Annual Georgia Symposium on Professionalism and Ethics. The Georgia symposia on professionalism and ethics have all been made possible by the Honorable Hugh Lawson, Senior United States District Judge for the Middle District of Georgia. In 1999, Judge Lawson oversaw the settlement of a matter that involved allegations of litigation misconduct, and as part of the settlement four of Georgia's law schools each received an endowment to fund annual symposia dedicated to ethics and professionalism. The symposium series began in 2001 and rotates among Mercer University, Georgia State University, …
Telling A Story, Changing The World: California Rural Legal Assistance,
2017
California State University, Monterey Bay
Telling A Story, Changing The World: California Rural Legal Assistance, Jonathan J. Chavez
Capstone Projects and Master's Theses
This capstone project attempts to provide an in-depth view of how stories influence change in our lives as well as in the field of law.
The Case For The Four Component Model Vs. Moral Foundations Theory: A Perspective From Moral Psychology,
2017
Mercer University School of Law
The Case For The Four Component Model Vs. Moral Foundations Theory: A Perspective From Moral Psychology, Elizabeth C. Vozzola
Mercer Law Review
The 2016 Mercer Law Review Symposium asked speakers to address some aspect of three organizing questions about educational interventions designed to cultivate professional identity in law students. The Symposium's first proposed question of whether it is worthwhile to establish such interventions seemed largely rhetorical. The third question asked about appropriate assessment of such interventions and will be addressed in this issue by leaders in the field of legal ethics and professional program assessment. Hence, as a teacher and psychologist whose primary role in the field has been to synthesize theory and research, I chose to question the second guiding question …
Off-The-Shelf Formative Assessments To Help Each Student Develop Toward A Professional Formation/Ethical Professional Identity Learning Outcome Of An Internalized Commitment To The Student's Own Professional Development,
2017
Mercer University School of Law
Off-The-Shelf Formative Assessments To Help Each Student Develop Toward A Professional Formation/Ethical Professional Identity Learning Outcome Of An Internalized Commitment To The Student's Own Professional Development, Neil Hamilton
Mercer Law Review
With the shift in American Bar Association (ABA) accreditation standards to emphasize learning outcomes, all law schools will be slowly moving away from structure-and-process based legal education (exposure to specific content for specified periods of time, such as a four credit one semester contracts course) to competency-based legal education (focus on the ultimate competencies needed for excellent service to the clients and the legal system, such as competence in career-long professional development). A large number of law schools are adopting what the next section of this Article defines as competency-based professional-formation or ethical- professional-identity learning outcomes. The specific focus of …
Marking The Path From Law Student To Lawyer: Using Field Placement Courses To Facilitate The Deliberate Exploration Of Professional Identity And Purpose,
2017
Mercer University School of Law
Marking The Path From Law Student To Lawyer: Using Field Placement Courses To Facilitate The Deliberate Exploration Of Professional Identity And Purpose, Timothy W. Floyd, Kendall L. Kerew
Mercer Law Review
Legal education is a powerfully transformative experience.' Law students enter law school as non-lawyers guided by the personal attitudes, values, and beliefs that drew them to the law and, within a few short years, leave law school with a new professional identity and purposethat of lawyer. While in law school, students learn about the law, acquire distinctive lawyering skills and habits, and develop an understanding of the many ethical obligations that guide a professional's actions. They develop new ways of thinking, talking, writing, and interacting with others. And throughout this process students take on new values, attitudes, and beliefs. In …
Frozen Ethics: Melting The Boundaries Between Medical Treatment And Organ Procurement,
2017
Boston University School of Law
Frozen Ethics: Melting The Boundaries Between Medical Treatment And Organ Procurement, George J. Annas, Michael A. Grodin
Faculty Scholarship
When Renee Fox, medical sociologist and noted historian of organ transplantation, first learned of the proposal to use "non-heart-beating cadavers" as organ sources more than 25 years ago, she was appalled. She labeled the proposal "the most elaborately macabre scheme for obtaining organs that I have encountered," adding that "it borders on ghoulishness." She saw the procedure as "beyond the pale of the medically decent, morally allowable, and spiritually acceptable" (Fox 1993, 232). But medically decent has seldom gotten in the way of procuring organs for transplant, and we now seem to be on the verge of adopting an "uncontrolled" …
Confidentiality Of Chancery Documents,
2017
St. John's University School of Law
Confidentiality Of Chancery Documents, Patrick F. Geary
The Catholic Lawyer
No abstract provided.
Maintaining Competency Among Lawyers: How Far Have We Come?,
2017
St. John's University School of Law
Maintaining Competency Among Lawyers: How Far Have We Come?, Jerri D. Gilbreath
The Catholic Lawyer
No abstract provided.
On The Ethics Of Lawyers,
2017
St. John's University School of Law
The Corporate Attorney-Client Privilege In The Federal Courts,
2017
St. John's University School of Law
The Corporate Attorney-Client Privilege In The Federal Courts, Allen A. Hans
The Catholic Lawyer
No abstract provided.
New Horizon Kids Quest Iii, Inc., V. The Eighth Judicial District Court Of The State Of Nevada, 133 Nev., Adv. Op. 409 (Apr. 6, 2017),
2017
Nevada Law Journal
New Horizon Kids Quest Iii, Inc., V. The Eighth Judicial District Court Of The State Of Nevada, 133 Nev., Adv. Op. 409 (Apr. 6, 2017), Andrew Clark
Nevada Supreme Court Summaries
Under the Nev. Rule of Professional Conduct 1.9(b), an attorney whose former firm represented a now adverse client, may be disqualified only when the attorney actually obtained confidential, adverse information while employed by the former firm.
Gender As A Variable In Natural-Language Processing: Ethical Considerations,
2017
Texas A&M University School of Law
Gender As A Variable In Natural-Language Processing: Ethical Considerations, Brian N. Larson
Faculty Scholarship
Researchers and practitioners in naturallanguage processing (NLP) and related fields should attend to ethical principles in study design, ascription of categories/variables to study participants, and reporting of findings or results. This paper discusses theoretical and ethical frameworks for using gender as a variable in NLP studies and proposes four guidelines for researchers and practitioners. The principles outlined here should guide practitioners, researchers, and peer reviewers, and they may be applicable to other social categories, such as race, applied to human beings connected to NLP research.
Corporations And Human Life,
2017
Seattle University School of Law
Corporations And Human Life, Frank Partnoy
Seattle University Law Review
In Part I, I address decision-making. How should risk to human life be included in the jurisprudence of corporate decision-making? In terms of finance, how should corporations make net present value decisions when risk to human life is a factor? In terms of law, is there a case for exceptions to the business judgment rule based on risk to human life? Second, in Part II, I address oversight. How should risk to human life be included in the jurisprudence of oversight? In terms of finance, how should corporations approach risk management when human life is a factor? In terms of …
Social Enterprise And Investment Professionals: Sacrificing Financial Interests?,
2017
Seattle University School of Law
Social Enterprise And Investment Professionals: Sacrificing Financial Interests?, J. Haskell Murray
Seattle University Law Review
Over the past decade, more than three dozen jurisdictions in the United States passed some form of social enterprise legislation. Social enterprise statutes allow for the formation of for-profit entities that expressly require directors to consider the interests of corporate constituents beyond merely shareholders. Proponents of these social enterprise statutes argue that such statutes are needed because traditional corporate law prevents sacrificing the financial interests of shareholders in the interest of a broader social good, or in the interest of other stakeholders. Recently, social enterprises have started exploring public markets and showing up on the radar of investment professionals, including …
Berle Viii: Benefit Corporations And The Firm Commitment Universe,
2017
Seattle University School of Law
Berle Viii: Benefit Corporations And The Firm Commitment Universe, Bart Houlahan, Andrew Kassoy, Jay Coen Gilbert
Seattle University Law Review
Benefit corporation law is a critical tool to allow private capital to be invested in a manner that creates shared and durable value for everyone. But a tool is only as good as the person who uses it. As highlighted in Rick Alexander’s essay, shareholders must understand the value of firm commitment, and, more importantly, the ultimate source of wealth for universal investors, which is thriving financial markets and a healthy, peaceful, and prosperous planet. These goals can only be attained and maintained for the long term if private capital is allocated and invested in a manner that creates value …
Saving Investors From Themselves: How Stockholder Primacy Harms Everyone,
2017
Seattle University School of Law
Saving Investors From Themselves: How Stockholder Primacy Harms Everyone, Frederick H. Alexander
Seattle University Law Review
We face many tough issues including poverty, climate change, social and economic inequality, the cost and quality of education and healthcare, stagnant wages, financial market instability, disease, and food security. Despite the existential threat that these concerns may raise, there is no consensus on whether or how to address them through regulation, taxation, or other government policy tools. Private enterprise, however, has tremendous potential to address these issues through technology, wages, supply chain maintenance, green operations, efficient delivery of goods and services, and a myriad of other outputs and outcomes. In the U.S., the potential of the private sector to …
The Rights And Wrongs Of Shareholder Rights,
2017
Seattle University School of Law
The Rights And Wrongs Of Shareholder Rights, Will Hutton, Colin Mayer, Philippe Schneider
Seattle University Law Review
The company is a legal structure designed to bring together the different parties of a firm—its employees, investors, customers, and suppliers—in the delivery of its corporate purpose. Corporations were established as institutions with autonomous lives—self-standing, legal entities independent of those who worked, financed, and managed them. They were devices to ensure long-term commitment to shared goals and risks, with reciprocal obligations on those engaged in them. A company had to declare its purpose before earning a licence to trade. For example, the East India Company, England’s earliest public company, to issue shares to the public as permanent capital, was given …
A Necessary Social Evil: The Indispensability Of The Shareholder Value Corporation,
2017
Seattle University School of Law
A Necessary Social Evil: The Indispensability Of The Shareholder Value Corporation, Marc T. Moore
Seattle University Law Review
This symposium article critically evaluates the developing Post-Shareholder-Value (PSV) paradigm in corporate governance scholarship and practice with particular reference to Professor Colin Mayer’s influential theory of the corporation as a unique, long-term “commitment device.” The article’s positive claim is that, while evolving PSV institutional mechanisms such as benefit corporations and dual-class share structures are generally encouraging from a social perspective, there is cause for skepticism about their capacity to become anything more than a niche or peripheral feature of the U.S. public corporations landscape. This is because such measures, despite their apparent reformist potential, are still ultimately quasi-contractual and thus …
