Peter Singer, Drowning Children, And Pro Bono,
2016
University of Arkansas at Little Rock School of Law
Peter Singer, Drowning Children, And Pro Bono, John M.A. Dipippa
West Virginia Law Review
This Article uses the ethicist Peter Singer's principles to examine and critique the legal profession's pro bono efforts in the face of the persistent gap between the public's legal needs and their ability to meet them. Singer argues that adults should jump into a pond to save a drowning child. Using the drowning child as an analogy, this Article argues that lawyers are morally obligated to (1) increase the amount of their pro bono efforts, (2) be more selective in the cases they take, and (3) be significantly more generous in their financial support for legal services providers. These obligations …
Kain V. Department Of Environmental Protection,
2016
Alexander Blewett III School of Law at the University of Montana
Kain V. Department Of Environmental Protection, Sarah M. Danno
Public Land & Resources Law Review
Global climate change and its chronic frustrations generated passage of the Massachusetts Global Warming Solutions Act. The Massachusetts Legislature imposed time-bound implementation mandates on the Massachusetts Department of Environmental Protection with Massachusetts residents acting as compliance watchdogs. In Kain, the Supreme Judicial Court of Massachusetts interpreted the Act in favor of environmental integrity and strict agency compliance standards.
The Monopoly Myth And Other Tales About The Superiority Of Lawyers,
2016
University of Connecticut School of Law
The Monopoly Myth And Other Tales About The Superiority Of Lawyers, Leslie Levin
Faculty Articles and Papers
The legal profession’s control of much of the market for legal services is justified by the claim that only licensed lawyers can effectively and ethically represent clients. This article challenges that claim. A review of a number of studies suggests that experienced nonlawyers can provide competent legal services in certain contexts and in some cases, can seemingly do so as effectively as lawyers. There is also little evidence that lawyers’ legal training, the bar admission requirements, or lawyers’ psychological characteristics make them more trustworthy than nonlawyer legal services providers. The article considers some recent initiatives, such as Washington’s approval of …
Newsroom: Good Reason For Secrecy On 38 Studios 8/12/2016,
2016
Roger Williams University School of Law
Newsroom: Good Reason For Secrecy On 38 Studios 8/12/2016, Niki Kuckes, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
The Wooden Doctrine: Basketball, Moral Character, And The Successful Life,
2016
Indiana University
The Wooden Doctrine: Basketball, Moral Character, And The Successful Life, Janelle Dewitt
Center for the Study of Ethics in Society Papers
No abstract provided.
Crispr Humans: Ethics At The Edge Of Science,
2016
Case Western Reserve University
Crispr Humans: Ethics At The Edge Of Science, Insoo Hyun
Center for the Study of Ethics in Society Papers
No abstract provided.
Uber For Lawyers: The Transformative Potential Of A Sharing Economy Approach To The Delivery Of Legal Services,
2016
Albany Law School
Uber For Lawyers: The Transformative Potential Of A Sharing Economy Approach To The Delivery Of Legal Services, Raymond H. Brescia
Buffalo Law Review
No abstract provided.
Look For The Helpers,
2016
University of Richmond
Look For The Helpers, Tara L. Casey
Law Faculty Publications
Mr. Rogers once said, “When I was a boy and I would see scary things in the news, my mother would say to me, ‘Look for the helpers. You will always find people who are helping.’“
So, as I sit and wrestle with the news stream that surrounds me, I look for the helpers. And I find ... you.
Inside of each of us is the capacity to be the helper that provides a salve to our world’s wounds. We all can be the helpers when we create,cultivate, and operate pro bono service and community engagement programs that focus on …
Looking To The Third Sovereign: Tribal Environmental Ethics As An Alternative Paradigm,
2016
Tribal Law and Government Center
Looking To The Third Sovereign: Tribal Environmental Ethics As An Alternative Paradigm, Elizabeth Ann Kronk Warner
Pace Environmental Law Review
This article considers what role, if any, can tribal environmental ethics play in the re-examination and consideration of American environmental ethics? The answer—quite a substantial role. Tribes must straddle two worlds—a traditional one and one dominated by Western culture and values. As a result of this dichotomy, tribes are necessarily experts at adaptation and innovation. To demonstrate the value of looking to tribal environmental ethics when considering alternative ethical paradigms for the United States, this article begins by discussing the link between environmental ethics and policy making. With this understanding in place, the article then examines the importance of environmental …
Monroe Freedman And The Morality Of Dishonesty: Multidimensional Legal Ethics As A Cold War Imperative,
2016
Maurice A. Deane School of Law at Hofstra University
Monroe Freedman And The Morality Of Dishonesty: Multidimensional Legal Ethics As A Cold War Imperative, Norman I. Silber
Hofstra Law Review
This Article reaches into the personal history of Monroe Freedman, a pioneer in multi-dimensional legal ethics, to advance an explanation for his advocacy and his signal contributions to legal ethics - particularly his landmark article of 1966, Professional Responsibility of the Criminal Defense Lawyer: The Three Hardest Questions, where he inquired into situations in which candor might not be either moral or professional. It argues that his outspoken defense of lying as sometimes necessary and even moral behavior in the adversary system should be understood as an outgrowth of his early religious perspective about the nature of moral obligations, as …
Hard Questions And Innocent Clients: The Normative Framework Of The Three Hardest Questions, And The Plea Bargaining Problem,
2016
Maurice A. Deane School of Law at Hofstra University
Hard Questions And Innocent Clients: The Normative Framework Of The Three Hardest Questions, And The Plea Bargaining Problem, Alice Woolley
Hofstra Law Review
What makes an ethical question “hard”? Monroe Freedman’s “Professional Responsibility of the Criminal Defense Lawyer: The Three Hardest Questions” assessed hard questions about discrediting truthful witnesses, presenting perjured testimony and providing advice that may prompt the client to lie. It also, however, created a framework for analyzing ethical problems, for knowing when a question is hard, and both what has to be done to answer a hard question and to defend the answer. This paper articulates that framework. It argues that hard questions arise from unresolvable conflicts either between the lawyer’s professional and personal moral obligations, or between different aspects …
Private Requitals,
2016
Brooklyn Law School
Private Requitals, Bailey Kuklin
Cleveland State Law Review
Previously, I examined the establishment of a person’s substantive rights and, correlatively, duties. But this was only the first step. This Article addresses the second step: the means for recognizing requital rights violations, including their articulation, adoption, and implementation. Taking a deontic, individualistic perspective on rights, this Article aims to delineate and protect one’s personal freedom, one’s autonomy. To do so, this Article, using a formal understanding of the categorical imperative, will examine whether an agent’s chosen maxims are deontically acceptable. The maxims need to be both first-order, substantive ones that establish autonomy boundary baselines, and second-order, requital ones that …
In Memory Of Monroe Freedman: The Hardest Question For A Prosecutor,
2016
Maurice A. Deane School of Law at Hofstra University
In Memory Of Monroe Freedman: The Hardest Question For A Prosecutor, Bennett L. Gershman
Hofstra Law Review
I’ve chosen to honor Monroe Freedman’s iconic essay on the hardest questions for a criminal defense attorney by posing the same question for prosecutors. What is the hardest question for a prosecutor? This in itself is a hard question. The thousands of federal, state, and local prosecutors in the country would likely give widely varying responses – discretionary charging, immunity grants, bargained pleas, unreliable witnesses, police testimony, and disclosure duties, for starters. Too, prosecutors are not a generic group. Just as some defense lawyers might recoil or be indifferent to Freedman’s provocative thesis, so might many prosecutors reject or be …
Monroe Freedman: Prophet Of Biblical Justice,
2016
Maurice A. Deane School of Law at Hofstra University
Monroe Freedman: Prophet Of Biblical Justice, Timothy W. Floyd
Hofstra Law Review
No abstract provided.
In Defense Of The Devil's Advocate,
2016
University of Georgia School of Law
In Defense Of The Devil's Advocate, Lonnie T. Brown Jr.
Hofstra Law Review
Among the many controversial positions for which Monroe Freedman advocated during his illustrious career, the one that I find most surprising and uncharacteristic is his contention that lawyers who undertake morally questionable representations have a duty to explain or justify their choice of client. Specifically, in 1993 Professor Freedman penned a well-known column in the Legal Times — titled “Must You Be the Devil’s Advocate?” — in which he took Professor Michael Tigar to task for his representation of reputed Nazi war criminal John Demjanjuk. Professor Freedman tacitly criticized Professor Tigar for his client choice and expressly called upon him …
Duty Of Outrage: The Defense Lawyer's Obligation To Speak Truth To Power To The Prosecutor And The Court When The Criminal Justice System Is Unjust,
2016
Maurice A. Deane School of Law at Hofstra University
Duty Of Outrage: The Defense Lawyer's Obligation To Speak Truth To Power To The Prosecutor And The Court When The Criminal Justice System Is Unjust, Ellen C. Yaroshefsky
Hofstra Law Review
No abstract provided.
Candor In Criminal Advocacy,
2016
Maurice A. Deane School of Law at Hofstra University
Candor In Criminal Advocacy, Bruce A. Green
Hofstra Law Review
This Article, in Monroe Freedman’s memory, examines prosecutors' and criminal defense lawyers' duties of candor to the court, focusing on candor in the narrow sense: i.e., disclosure of relevant information. After looking generally at lawyers' duties of candor, and then specifically at lawyers' duties of candor in criminal cases, the article explores two hard questions of candor to the court in the criminal sentencing context -- one involving a prosecutor's duty and the other involving criminal defense lawyer's duty. The exploration shows the wisdom of Freedman's insight that hard candor questions - and hard ethics questions generally - cannot be …
Do Prosecutors Really Matter?: A Proposal To Ban One-Sided Bail Hearings,
2016
Maurice A. Deane School of Law at Hofstra University
Do Prosecutors Really Matter?: A Proposal To Ban One-Sided Bail Hearings, Sandra Guerra Thompson
Hofstra Law Review
In about half of all local jurisdictions today, arrested individuals face a judge at a bail hearing without the assistance of counsel, and in many of those jurisdictions, prosecutors may appear on behalf of the state. This article questions whether prosecutors can function as “ministers of justice” within the context of a one-sided proceeding where defendants appear without counsel. The ABA Standards for Criminal Justice: Prosecution and Defense Function apparently took the position of preferring the presence of prosecutors in all cases, even those in which a party appears without counsel. The rules assign prosecutors in those cases to protect …
The Prosecutor's Ethical Duty To End Mass Incarceration,
2016
American University Washington College of Law
The Prosecutor's Ethical Duty To End Mass Incarceration, Angela J. Davis
Hofstra Law Review
No abstract provided.
The Connected State Of Things: A Lawyer’S Survival Guide In An Internet Of Things World,
2016
Cloudigy Law PLLC
The Connected State Of Things: A Lawyer’S Survival Guide In An Internet Of Things World, Antigone Peyton
Catholic University Journal of Law and Technology
No abstract provided.
