Efficiency, Enforcement, And Punishment,
2017
Robert H. Smith School of Business, University of Maryland
Efficiency, Enforcement, And Punishment, Jim Staihar
Notre Dame Journal of Law, Ethics & Public Policy
The law and economics literature on punishment reveals strong reasons of efficiency to adopt an extreme enforcement policy for any type of crime as a means to promoting deterrence. Under such an extreme policy, a crime’s severity of punishment would be set extremely high, but its probability of punishment would be set extremely low by minimizing the resources devoted to enforcing the law against the crime. This sort of policy applied to a moderately serious crime, such as a simple assault, would seem strongly unreasonable all things considered. However, it is not immediately obvious why such a policy would be …
The Significance Of Injustice For Bioethics,
2017
S.J. Quinney College of Law, University of Utah
The Significance Of Injustice For Bioethics, Leslie P. Francis
Utah Law Faculty Scholarship
In my judgment, applied ethics is ineluctably non-ideal and partial compliance theory. It’s ethics in the context of unjust institutions and conduct. Theorizing or teaching about concepts such as autonomy in abstraction from this recognition is misleading. Instead, questions such as how to realize autonomy should be framed in the context of incomplete justice. There’s much to be learned from the past nearly 50 years of discussions of justice to help with this enterprise, but they are too little known or discussed in much contemporary bioethics.
Rock, Paper Scissors…Loot!,
2017
Penn State Dickinson Law
Rock, Paper Scissors…Loot!, Michael A. Mogill
Faculty Scholarly Works
No abstract provided.
Where The Cco Fits In The C-Suite: A Corporation's Moral Compass,
2017
American University Washington College of Law
Where The Cco Fits In The C-Suite: A Corporation's Moral Compass, Alexander Foster
American University Business Law Review
No abstract provided.
Summary Narrative Of Chief Compliance Officer Liability,
2017
American University Washington College of Law
Summary Narrative Of Chief Compliance Officer Liability, Luke Trompeter
American University Business Law Review
No abstract provided.
Individual Accountability For Corporate Crimes After The Yates Memo: Deferred Prosecution Agreements & Criminal Justice Reform,
2017
American University Washington College of Law
Individual Accountability For Corporate Crimes After The Yates Memo: Deferred Prosecution Agreements & Criminal Justice Reform, Paola C. Henry
American University Business Law Review
No abstract provided.
Investigative Journalism And Counter Terrorism Laws,
2017
University of Leeds
Investigative Journalism And Counter Terrorism Laws, Clive Walker
Notre Dame Journal of Law, Ethics & Public Policy
Since terrorism is now perceived as a primary and pervasive threat to state security, many states have adopted broad legal definitions of “terrorism” and, upon that basis, have enacted correspondingly expansive policing powers and criminal offences. As a dramatic instance of how these approaches, which affect major Western jurisdictions such as the U.S. and U.K., this paper will focus on the paradigm case of David Miranda. In August 2013, Miranda was transporting computer materials (including files from security agencies) supplied by Edward Snowden, a former contractor with the U.S. National Security Agency, to journalist Glenn Greenwald to assist ongoing disclosures …
The Equivalence Of Religion And Conscience,
2017
Georgia Institute of Technology
The Equivalence Of Religion And Conscience, Lucien J. Dhooge
Notre Dame Journal of Law, Ethics & Public Policy
This Article examines issues posed by the equation of religious liberty with secular conscience, utilizing federal law and the law in those states which have adopted religious freedom restoration acts (RFRAs). The Article initially addresses the definition of religion through an examination of applicable literature and federal and state case law. The same approach is utilized to define conscience. The Article then examines similarities between the two concepts and the implications of their equivalence. The Article concludes that religion and conscience are moral equivalents that require equal legal treatment. However, equal treatment should proceed with caution in order to address …
Failure To Protect: Our Civil System's Chronic Punishment Of Victims Of Domestic Violence,
2017
Notre Dame Law School, JD Candidate 2017
Failure To Protect: Our Civil System's Chronic Punishment Of Victims Of Domestic Violence, Kate Ballou
Notre Dame Journal of Law, Ethics & Public Policy
This Note examines the effectiveness and enforceability of civil restraining orders in domestic violence cases in the wake of Town of Castle Rock v. Gonzalez, which held that there is no constitutional right to the enforcement of a restraining order. This Note analyzes the impact of Gonzales and the effectiveness of various restraining order statutory schemes more broadly. This Note subsequently addresses that as a result of experiencing continued contact from their attackers, victim mothers are more likely to have their children removed by the state in child welfare proceedings, due to the established presumption in most family courts that …
Competent Hunger Strikers: Applying The Lessons From Northern Ireland To The Force-Feeding In Guantanamo,
2017
Notre Dame Law School, JD Candidate 2017
Competent Hunger Strikers: Applying The Lessons From Northern Ireland To The Force-Feeding In Guantanamo, Sara Cloon
Notre Dame Journal of Law, Ethics & Public Policy
The United States allows force-feeding of prisoners, regardless of their state of mind or mental health because they deem preservation of life as paramount. In the United Kingdom, a prisoner who is of a sound mind “can be allowed to starve himself to death.”1 This difference is due to the balance between the importance of preservation of life and of the right to self-determination and autonomy in medical decisions. My note will first briefly explore the history of force-feeding prisoners who are protesting for political purposes in both countries, and the relevant cases and statues that led up to the …
Partisan Judicial Speech And Recusal Procedure,
2017
University of Maine School of Law
Partisan Judicial Speech And Recusal Procedure, Dmitry Bam
Faculty Publications
This article discusses Associate Professor Appleby’s thoughtful comment criticizing the Supreme Court’s self-recusal procedure in light of Justice Ginsberg’s critical remarks about then-Presidential Candidate Trump.
State Bar Of California,
2017
University of San Diego
State Bar Of California, Edith Jimenez, Andrew J. Van Arsdale, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Resolving Civil Forfeiture Disputes,
2017
St. Mary’s University School of Law
Resolving Civil Forfeiture Disputes, Rishi Batra
Faculty Articles
Under a legal process known as civil asset forfeiture, state and federal laws allow law enforcement officials and the government to seize assets from individuals who are not charged with a crime if the property is suspected of being involved in criminal activity. This is true even if the owner of the property is not charged with the underlying crime. Indeed, in 2014, The Washington Post analyzed 400 cases in seventeen states that were examples of civil forfeiture during traffic stops. Police stopped motorists under the pretext of a minor traffic infraction, analyzed the intentions of motorists by assessing nervousness, …
Professional Liability,
2017
Carrington, Coleman, Sloman & Blumenthal
Professional Liability, Debran L. O'Neil, Joshua D. Kipp, Thomas S. Conner
SMU Annual Texas Survey
No abstract provided.
Moonlighting Sonata: Conflicts, Disclosure And The Scholar/Consultant,
2017
University of Florida Levin College of Law
Moonlighting Sonata: Conflicts, Disclosure And The Scholar/Consultant, Jeffrey L. Harrison, Amy R. Mashburn
UF Law Faculty Publications
Although the impact of conflicting interests is of constant concern to those in legal education and other fields, a recent scholarly article and an extensive analysis in the New York Times suggest the problem is more pressing than ever. In the context of legal scholarship the problem arises when a professor is, in effect, employed by two entities. Disclosure of possible conflicts is the most commonly proposed response. The article argues that disclosure is merely a risk shifting devise that does not fully address the issue of bias. It draws on comparisons with products liability and legal ethics to suggest …
Legal And Ethical Implications Of Athletes' Biometric Data Collection In Professional Sport,
2017
Marquette University Law School
Legal And Ethical Implications Of Athletes' Biometric Data Collection In Professional Sport, Barbara Osborne, Jennie L. Cunningham
Marquette Sports Law Review
None
A Guide To Legal Research In Virginia,
2017
University of Richmond
A Guide To Legal Research In Virginia, Joyce Manna Janto
Law Faculty Publications
The primary goal of this new edition of A Guide to Legal Research in Virginia is to expand coverage in several chapters and to add a new chapter covering legal ethics materials. This edition also notes changes in the URLs for many Virginia government websites. Most of these changes are likely based on changes in administrations and technological upgrades. The researcher should be aware that there is a lack of consistency among Virginia government web addresses. Changes in the operation and coverage of the major legal databases are noted where appropriate. Today, Virginia practitioners have a wide variety of resources, …
Legalzoom And Online Legal Service Providers: Is The Development And Sale Of Interactive Questionnaires That Generate Legal Documents The Unauthorized Practice Of Law?,
2017
University of Kentucky
Legalzoom And Online Legal Service Providers: Is The Development And Sale Of Interactive Questionnaires That Generate Legal Documents The Unauthorized Practice Of Law?, Emily Mcclure
Kentucky Law Journal
No abstract provided.
Diversity, Compliance, Ethics & In-House Counsel,
2017
Loyola University Chicago, School of Law
Diversity, Compliance, Ethics & In-House Counsel, Steven A. Ramirez
Faculty Publications & Other Works
No abstract provided.
Redefining Roles And Duties Of The Transactional Lawyer: A Narrative Approach,
2017
University of Nevada, Las Vegas -- William S. Boyd School of Law
Redefining Roles And Duties Of The Transactional Lawyer: A Narrative Approach, Lori D. Johnson
Scholarly Works
Today’s transactional lawyers perform myriad tasks for their clients, including structuring, drafting, conceptualizing, negotiating, and executing the complex, risky, and often cutting-edge transactions their clients bring to the table. On the other side of that table, often sits another team of sophisticated transactional lawyers. These opposing counsel are armed for battle over every nuance, every word, every representation, every deliverable, and every obligation their client is poised to undertake or agree to. Therefore, modern transactional lawyers must behave as advocates and explore new modes of persuasion. As a response, scholars have begun to propose that transactional lawyers employ methods of …
