Legal Ethics and Professional Responsibility Commons^™

The Three Faces Of Retainer Care: Crafting A Tailored Regulatory Response, Frank Pasquale

Frank A. Pasquale

Retainer care arrangements allow patients to pay a retainer directly to a physician's office in order to obtain special access to care. Practices usually convert to retainer status by focusing their attention on those willing to pay a retainer fee, and dropping the majority of their patients, who are left to be absorbed by other practices. Also known as "boutique medicine," "concierge care," or "innovative practice design," retainer practices have drawn thousands of enthusiastic patients. They have also provoked scrutiny from politicians and consumer groups. Few recent developments in the business of medicine provoke emotional conflicts like retainer care does. …

Competency And Common Law: Why And How Decision-Making Capacity Criteria Should Be Drawn From The Capacity-Determination Process, Charles Baron

Charles H. Baron

Determining competence to request physician-assisted suicide should be no more difficult than determining competence to refuse life-prolonging treatment. In both cases, criteria and procedures should be developed out of the process of actually making capacity determinations; they should not be promulgated a priori. Because patient demeanor plays a critical role in capacity determinations, it should be made part of the record of such determinations through greater use of video- and audiotapes.

Licensure Of Health Care Professionals: The Consumer's Case For Abolition, Charles H. Baron

Charles H. Baron

While state medical licensure laws ostensibly are intended to promote worthwhile goals, such as the maintenance of high standards in health care delivery, this Article argues that these laws in practice are detrimental to consumers. The Article takes the position that licensure contributes to high medical care costs and stifles competition, innovation and consumer autonomy. It concludes that delicensure would expand the range of health services available to consumers and reduce patient dependency, and that these developments would tend to make medical practice more satisfying to consumers and providers of health care services.

Medical Paternalism And The Rule Of Law: A Reply To Dr. Relman, Charles Baron

Charles H. Baron

In this Article, Professor Baron challenges the position taken recently by Dr. Arnold Relman in this journal that the 1977 Saikewicz decision of the Supreme Judicial Court of Massachusetts was incorrect in calling for routine judicial resolution of decisions whether to provide life-prolonging treatment to terminally ill incompetent patients. First, Professor Baron argues that Dr. Relman's position that doctors should make such decisions is based upon an outmoded, paternalistic view of the doctor-patient relationship. Second, he points out the importance of guaranteeing to such decisions the special qualities of process which characterize decision making by courts and which are not …

Live Organ And Tissue Transplants From Minor Donors In Massachusetts, Charles H. Baron, Margot Botsford, Garrick F. Cole

Charles H. Baron

This article examines the system of providing court approval for organ and tissue transplants from minor donors as it operates in Massachusetts. It focuses principally on the substantive interests of prospective donors and on the extent to which the current procedures afford them adequate protection. It begins by examining the requirement of consent and demonstrates the necessity of judicial authorization of minor donors' participation in transplant procedures. Next, it analyzes the current Massachusetts practice and assess its capacity to afford minor donors adequate protection from the possible dangers of serving as an organ or tissue donor. It suggests that the …

Hastening Death: The Seven Deadly Sins Of The Status Quo, Charles Baron

Charles H. Baron

The seven deadly sins of the status quo -- inhumanity, paternalism, Utilitarianism, hypocrisy, lawlessness, injustice, and the deadly risk of error and abuse -- are seven arguments against maintaining the artificial bright-line distinction between the prohibition against assisted suicide and the allowance of patients’ right to refuse life-prolonging treatment. This article calls on courts and legislatures to follow the successful example of the Oregon Death with Dignity statute.

Lost In The Compromise: Free Speech, Criminal Justice, And Attorney Pretrial Publicity, Margaret Tarkington

Margaret C Tarkington

Publicity by the prosecution and defense in the criminal proceedings against George Zimmerman again raised the question of the appropriate scope of First Amendment protection for attorney pretrial publicity. The Supreme Court, the Model Rules of Professional Conduct, and many scholars have viewed restrictions on attorney pretrial publicity as a compromise between the constitutional guarantees of free speech and a fair trial. Nevertheless, scholars advocate widely divergent levels of free speech protection for attorney pretrial publicity—ranging from core free speech protection to extremely limited protection. Traditional First Amendment doctrines fail to elucidate the proper scope of free speech rights for …

Student, Esquire?: The Practice Of Law In The Collaborative Classroom, Nantiya Ruan

Nantiya Ruan

Law faculty and non-profit lawyers are working together in a variety of partnerships to offer students exposure to “real life” clients in the first year of law school, as well as in advanced courses in substantive areas. Teachers engaged in client-centered advocacy through experiential frameworks have broken out of their isolated silos in the law school (e.g., legal writing, clinical, externship, and doctrinal) and begun to work together. To help students develop a sense of professional identity, cultivate professional values, and tap into key intrinsic motivations for lawyering, such as serving the public good, collaborative classrooms have an important role …

Juxtaposing Nasa’S Aeronet Aod With Carb Pm Data Over The San Joaquin Valley To Facilitate Multi-Angle Imaging Spectroradiometer (Misr) Pm Pollution Research, John Kanemoto

STAR Program Research Presentations

Airborne particulate matter (PM) has been shown to increase the risk for asthma, chronic bronchitis, cardiopulmonary complications, and respiratory cell membrane damage/infection/leakage. PM levels are currently analyzed from two perspectives: stationary land-based monitoring (LBM) sites and total Aerosol Optical Depth (AOD) atmospheric column measurements. Both perspectives often leave miles of space between measuring locations and will have a continually increasing cost from introducing/maintaining sites. The Multi-angle Imaging SpectroRadiometer (MISR) satellite team hopes to begin investigating/archiving PM levels comprehensively via inputting MISR AOD measurements into a function/model which predicts the amount of ground level PM.

In the future, multivariable spatial correlations …

Ethics, Corporate Social Responsibility, And Sustainability Education In Aacsb Undergraduate And Graduate Marketing Curricula: A Benchmark Study, Jeananne Nicholls, Joseph F. Hair, Charles B. Ragland, Kurt E. Schimmel

Faculty and Research Publications

AACSB International advocates integration of ethics, corporate social responsibility, and sustainability in all business school disciplines. This study provides an overview of the implementation of these three topics in teaching initiatives and assessment in business schools accredited by AACSB International. Since no comprehensive studies have been conducted for the marketing area, the results provide benchmarks as well as thought-provoking material to initiate business school and marketing faculty discussions on integrating the three topics into their curricula.

Do State Ethics Commissions Reduce Political Corruption? An Exploratory Investigation, Kayla Crider, Jeffrey Milyo

UC Irvine Law Review

No abstract provided.

Ehb Review - Knowledge, Necessaries, And Bad Faith: What Department Of Environmental Protection V. Danfelt Means For Spousal Liability And Attorney Fee-Shifting, Michael J. Haviland

Villanova Environmental Law Journal

No abstract provided.

Summary Of Moon V. Mcdonald Carano Wilson, Llp, 129 Nev. Adv. Op. 56, David Rothenberg

Nevada Supreme Court Summaries

Appeal from a district court judgment in a legal malpractice action claiming the statute of limitations to file suit had not run and that the litigation-tolling rule should apply. The Court determined that McDonald Carano Wilson, LLP did not represent appellant during litigation and litigation-tolling rule did not apply. The Court affirmed the district court's judgment.

Coding And Decoding Legal Ethics, Melissa Mortazavi

Melissa Mortazavi

No abstract provided.

Industry Stress Affecting Legal Sector?, Denver S. Burke

Denver s Burke

The economy has effected many industries, including the legal sector. This has been particularly noticeable as a result of referral fee changes, affecting road traffic accidents, through the electronic portal system.

Labor Market Data Needs Relating To Antidiscrimination Activity: Comment, Ronald Ehrenberg

Ronald G. Ehrenberg

[Excerpt] Barbara Bergmann's background paper divides data needs in the antidiscrimination area into data that would be useful in the formulation of national policy and data that would be useful as an aid in enforcing the laws and executive orders against discrimination. Although the former are likely to be of greatest concern to the commission, she has performed a valuable service by discussing these interrelated needs in one place. I find much to agree with, and very little to disagree with or question, in her paper. The presentation is, in the main, an objective one and she tempers her desire …

Lawyers Judging Experts: Oversimplifying Science And Undervaluing Advocacy To Construct An Ethical Duty?, David S. Caudill

David S Caudill

My focus is on an apparent trend at the intersection of the fields of evidentiary standards for expert admissibility and professional responsibility, namely the eagerness to place more ethical responsibilities on lawyers to vet their proffered expertise to ensure its reliability. My reservations about this trend are not only based on its troubling implications for the lawyer’s duty as a zealous advocate, which already has obvious limitations (because of lawyers’ conflicting duties to the court), but are also based on the problematic aspects of many reliability determinations. To expect attorneys - and this is what the proponents of a duty …

Legal Ethics And Scientific Testimony: In Defense Of Manufacturing Uncertainty, Deconstructing Expertise And Other Trial Strategies, David Caudill

David S Caudill

No abstract provided.

Lessons From Metaethics, Cognitive Neuroscience, Moral Psychology, And Behavioral Economics: The Use Of Ethical Intuition In Legal Compliance Decision Making For Business Entities, Eric C. Chaffee

Eric C. Chaffee

This article challenges the widely held view in legal education and in practice that what lawyers should be doing in providing legal advice consists solely of engaging in legal research and analytic reasoning. This article suggests that ethical intuition—i.e., the unconscious recognition that a specific action is good, evil, or morally neutral—may have a useful role to play in making legal compliance decisions for business entities.

Although largely ignored by the legal academy, scholars in numerous disciplines have acknowledged the role that intuition plays in decision making. Philosophers and religious scholars initially recognized role of intuition in moral decision making …

The Issue Is Being Intersex: The Current Standard Of Care Is A Result Of Ignorance, And It Is Amazing What A Little Analysis Can Conclude., Marla J. Ferguson

marla j ferguson

The Constitution was written to protect and empower all citizens of the United States, including those who are born with Disorders of Sex Development. The medical community, as a whole, is not equipped with the knowledge required to adequately diagnose or treat intersex babies. Intersex simply means that the baby is born with both male and female genitalia. The current method that doctors follow is to choose a sex to assign the baby, and preform irreversible surgery on them without informed consent. Ultimately the intersex babies are mutilated and robbed of many of their fundamental rights; most notably, the right …