Legal Ethics and Professional Responsibility Commons^™

A Fiduciary Theory Of Prosecution, Bruce A. Green, Rebecca Roiphe

Articles & Chapters

Scholars have failed to arrive at a unifying theory of prosecution, one that explains the complex role that prosecutors play in our democratic system. This Article draws on a developing body of legal scholarship on fiduciary theory to offer a new paradigm that grounds prosecutors’ obligations in their historical role as fiduciaries. Casting prosecutors as fiduciaries clarifies the prosecutor’s obligation to seek justice, focuses attention on the duties of care and loyalty, and prioritizes criminal justice considerations over other public policy interests in prosecutorial charging and plea-bargaining decisions. As fiduciaries, prosecutors are required to engage in an explicit deliberative process …

Drawing The Line: Can Lawyers Invest In Their Client's Business Without Crossing An Ethical Line?, Ali Ghassemi

The Journal of Business, Entrepreneurship & the Law

I will begin with a look inside the history of entrepreneurship and its rise and decline throughout various times in our country’s history. I will then shift the focus towards the history of startup companies and what the modern trend is today in startups. After laying the foundation for startups, I will look into the complexities of creating a startup company and looking at the role that attorneys play in the lifetime of startups. From there, I will dive into the history and trend of lawyers who have invested in their client’s companies - through direct investment or bartering by …

Ethical Imperatives Critical To Effective Disease Control In The Coronavirus Pandemic: Recognition Of Global Health Interdependence As A Driver Of Health And Social Equity, George A. Gellert Md, Mph, Mpa

Journal of Health Ethics

Ethical imperatives critical to effective disease control in the coronavirus pandemic: Recognition of global health interdependence as a driver of health and social equity

George A. Gellert MD, MPH, MPA

ABSTRACT

Decades into the era of emerging infectious diseases, the 2019-2020 coronavirus pandemic has caught the world, and the United States in particular, poorly prepared to engage effective public health disease prevention and control measures. In part, this reflects poor public health planning, response, logistical preparation and pandemic readiness, and complacency by governments and disease control agencies. In terms of future responses to emerging infection pandemics, these deficiencies can be …

Book Review Essay: Jewish And American Law: A Comparative Study. (Vols. 1 And 2) By Samuel J. Levine, Marie A. Failinger

Touro Law Review

No abstract provided.

Ethical Considerations: Corporate Social Responsibility And The 21st Century, Joan Macleod Heminway, Irma S. Russell

Book Chapters

This chapter provides perspectives on the balance of professional and personal ethical considerations that lawyers must achieve to deal effectively and ethically with the conundrums they face in their representation of business clients. This task requires consideration of both issues that some might regard as isolated (or at least mundane and local) and, at the same time, issues that are global and existential—critical to the survival of our species. Although the focus is on the role of lawyers, the challenges con- fronted by lawyers and the rules governing their conduct also inform the ethical responsibilities and role of nonlawyers.

The …

Lawyer Regulation Stakeholder Networks And The Global Diffusion Of Ideas, Laurel S. Terry

Faculty Scholarly Works

This Article is a companion article to Laurel S. Terry, Global Networks and the Legal Profession, 53 Akron L. Rev. 137 (2019), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3620399. That article explained why global networks are useful for lawyers and the clients they represent, introduced some of the scientific literature about networks, cited prior literature about (mostly domestic) legal profession networks, and then identified ways in which lawyers and their employers, including law firms, participate in global legal profession networks, as well as domestic networks.

This Article focuses on a subset of global legal profession networks, which are the global networks of lawyer regulation stakeholders. Section …

Gamesmanship And Criminal Process, John D. King

Scholarly Articles

We first learn formal structures of rules, procedures, and norms of conduct through games and sports. These lessons illuminate and inform human behavior in other contexts, including the adversarial world of criminal litigation. As critiques of the legitimacy and fairness of the criminal justice system increase, the philosophy and jurisprudence of sport offer a comparative legal system to examine criminal litigation. Allegations of gamesmanship—the aggressive and strategic use of rules that violate some sense of decorum or culture yet remain within the formal rules of engagement—cut across both contexts. This Article examines what sports can teach us about gamesmanship in …

Should Criminal Justice Reformers Care About Prosecutorial Ethics Rules?, Bruce A. Green, Ellen Yaroshefsky

Duquesne Law Review

No abstract provided.

Jewish Lawyers And The U.S. Legal Profession: The End Of The Affair?, Eli Wald

Touro Law Review

No abstract provided.

On Tipping Points And Nudges: Review Of Cass Sunstein’S How Change Happens, Raymond H. Brescia

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Cynical Successes Of The Guantanamo Bay Military Commissions, G. Alex Sinha

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Human Dignity And The Doctrine Of Provocation: A New Approach, Roni Rosenberg

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Nonprofit Organizations And Anti-Corruption Statutes: Incentives For Compliance, Elizabeth B. Coburn

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Third-Party Doctrine: Perpetuation By Privacy Policies, Courtney C. Seitz

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Elder Financial Abuse: Fiduciary Law And Economics, Ben Chen

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Demise Of The Cfaa In Data Scraping Cases, Jennie E. Christensen

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Your Face Is A Commodity, Fiercely Contract Accordingly: Regulating The Capitalization Of Facial Recognition Technology Through Contract Law, Y. Amy Chen

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Punishing Vandalism Correctly In An Access Economy, W.C. Bunting

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Bring On The Pettifoggers: Revisiting The Ethics Rules, Civil Gideon, And The Role Of The Judiciary, Jodi Nafzger

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Charter School Bankruptcy Eligibility Under The “Governmental Unit” Exception, Parth M. Parikh

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.