Researching Legal Ethics & Professional Responsibility
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Researching legal ethics and professional responsibility involves looking at rules (model and state specific), cases (that can cover criminal law, malpractice, disciplinary appeal, and more), and ethics opinions. Legal ethics involve both mandatory rules and aspirational goals.
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- Aims and scope
Legal Ethics is an international and interdisciplinary journal devoted to the field of legal ethics.
Its focus is broad enough to encompass empirical research on the ethics and conduct of the legal professions and judiciary, studies of legal ethics education and moral development, ethics development in contemporary professional practice, the ethical responsibilities of law schools, professional bodies and government, and jurisprudential or wider philosophical reflections on law as an ethical system and on the moral obligations of individual lawyers.
Peer Review Policy: All articles are double blind peer-reviewed.
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Read the Instructions for Authors for information on how to submit your article.
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Legal Ethics and Professional Responsibility Research
Practice guides & other secondary sources, paper topic ideas & recent ethics developments, california rules of professional conduct, aba model rules of professional conduct.
- Finding Books & Law Review Articles
- Ethics Opinions - ABA & California
- Ethics Opinions - Other States
Director of the Law Library & Assistant Professor of Law
These sources give overviews of the law of professional responsibility and cite to primary materials, such as major statutes, rules, and cases.
- The Law of Lawyering, 4th ed. - by Geoffery C. Hazard, Jr., et al. Available in print (Zief Library location: Law Stacks KF 306 .H333 2015).
- ABA/BNA Lawyer’s Manual on Professional Conduct - Practice Guides Bloomberg Law version.
- Legal Ethics: The Lawyer’s Deskbook on Professional Responsibility - by Ronald D. Rotunda & John S. Dzienkowski. Westlaw version.
- Modern Legal Ethics, practitioner edition - by Charles W. Wolfram This is the print version. Zief Library location: KF 306 .W59 1986 Law Open Reserve.
- Criminal Defense Ethics: Law & Liability - Westlaw Westlaw version.
- California Practice Guide: Professional Responsibility - by Paul W. Vapnek, et al. - Rutter Group. Westlaw version. Also available in print (Zief Library location: Law Stacks KFC 76.5 .A2 V37).
- California Procedure, 5th ed. - by B. E. Witkin & members of the Witkin Legal Institute. (Lexis Version) Lexis version. Also available in print (Zief Library location: Law Reserve and Law Stacks KFC 995 .W52 2008).
- California Procedure, 5th ed. - by B. E. Witkin & members of the Witkin Legal Institute. (Westlaw Version) Westlaw version. Also available in print (Zief Library location: Law Reserve and Law Stacks KFC 995 .W52 2008).
Browse or search these sources to get an idea of the most controversial or widely-discussed legal ethics issues.
- ABA/BNA Lawyers' Manual on Professional Conduct - Current Reports Breaking news and insights. Bloomberg Law version.
- Legal Ethics Forum A blog by ethics experts covering new developments in ethics and professional responsibility. Also links to other ethics sites and blogs.
- Legalethics.com A blog "focused on ethical issues associated with the use of technology by legal professionals."
- ABA Journal Many issues contain a brief column on an ethical issue or problem. USF law students may also search the ABA Journal on Lexis or Westlaw, and the ABA Journal is also available in print at: K 1 .B2 Law Stacks.
- ABA Journal on Lexis To find discussions of ethics columns, try these terms in "Search Within Results": section(ethics or "professional conduct") You may also add other key terms related to your issue: ethics or "professional conduct" and confidential* or privilege?
- ABA Journal on Westlaw To find articles on ethics, search: prelim(ethics or "professional conduct") You may also add date restrictions or other key terms: prelim(ethics or "professional conduct") and date(after 2013) prelim(ethics or "professional conduct") and confidential! or privilege*
- Georgetown Journal of Legal Ethics - Lexis Covers 1998 (volume 9) to the present.
- Georgetown Journal of Legal Ethics - Westlaw Covers 1994 (volume 7, issue 3) to the present. Selected coverage from 1987 to 1994 (volume 1 to volume 7, issue 2).
- Journal of the Legal Profession - Lexis Covers 1995 to 2011.
- Journal of the Legal Profession - Westlaw Covers 1993 (volume 18) to the present. Selected coverage for 1991 and 1992 (volumes 16 and 17).
- Notre Dame Journal of Law, Ethics and Public Policy on Lexis Covers 1996 (volume 10) to the present.
- Notre Dame Journal of Law, Ethics and Public Policy - Westlaw Coverage from 1994 (volume 8) to the present. Selected coverage from 1990 to 1993 (volumes 5-7).
The State Bar of California has Rules of Professional Conduct and related rules, statutes and other materials on its web site.
Annotated Rules of Professional Conduct are included in West's and Deering's annotated California codes in print and online.
[On May 10, 2018, the California Supreme Court approved new Rules of Professional Conduct. The new rules went into effect on Nov. 2, 2018. The State Bar's site has the new rules. Some of the other sites and sources below may continue to display the prior Rules of Professional Conduct for a time.]
- Ethics Information - State Bar of California Includes the Rules of Professional Conduct, other related rules; California professional responsibility statutes, State Bar ethics opinions, and other information.
- Rules of Professional Conduct - State Bar of California Current rules, effective as of November 1, 2018.
- Previous Rules of Professional Conduct - State Bar of California Various versions of rules effective from 1975 through October 31, 2018.
- Rules of Professional Conduct - Lexis Open "Rules of the State Bar," and then "Rules of Professional Conduct" in this "California Court Rules" source. The rules include annotations in "Case Notes" and "Research References & Practice Aids."
- Rules of Professional Conduct - Westlaw Includes annotations in "Notes of Decisions" and "Citing References" tabs.
- Deerings California Codes Annotated - Print The Rules of Professional Conduct are in the "Rules of the State Bar" volume, which is shelved between the "Rules of Court" and "Streets & Highways Code" volumes. Zief Library location: KFC 30.5 .D4 Law Stacks.
- West's Annotated California Codes - Print Version The Rules of Professional Conduct are in the "Court Rules - State Bar" volumes, which is shelved between the "Code of Civil Procedure" and "Commercial Code" volumes. Zief Library location: KFC 30.5 .W4 Law Stacks.
Here are some sources for the ABA Model Rules (with comments), as well as some additional materials with helpful information on the Model Rules.
- ABA Model Rules of Professional Conduct - ABA Center for Professional Responsibility Current rules, with comments. Also includes tables of states adopting the Model Rules, a comparison of the Model Rules to the Restatement, and links to ABA ethics opinions.
- ABA Model Rules of Professional Conduct and Code of Judicial Conduct - Lexis Current rules, with comments.
- ABA Model Rules of Professional Conduct - Westlaw Current rules, with comments
- ABA/BNA Lawyers' Manual on Professional Conduct - Model Rules and Standards Includes the ABA Model Rules of Professional Conduct. Bloomberg Law version.
- ABA Compendium of Professional Responsibility Rules and Standards - Print Zief Library location: KF 305 .A21 Law Open Reserve.
- Annotated Model Rules of Professional Conduct - Print Zief Library location: KF 305 .A2 Law Stacks.
- A Legislative History: The Development of the ABA Model Rules of Professional Conduct, 1982-2005 A drafting history of the Rules. In print at the Zief Library: KF 306 .L453 Law Stacks.
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- Last Updated: Sep 21, 2022 3:13 PM
- URL: https://legalresearch.usfca.edu/LegalEthicsResearch
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Home > JISLE
Journal of the Institute for the Study of Legal Ethics
Current volume: volume 2 (1999).
Corporate Law Firms and Corporate Ethics Ralph Nader
Partners without Power - A Preliminary Look at Black Partners in Corporate Law Firms David B. Wilkins
Access to the Legal Profession for Minorities: Introductory Remarks Dennis Chin
The Adversary Process is Not an End in Itself Lloyd L. Weinreb
Some Thoughts on the Differences in Criminal Trials in the Civil and Common Law Legal Systems Mary C. Daly
Questions and Answers on Lloyd Weinreb's and Mary Daly's Articles
Informal Remarks on Professionalism Burnele V. Powell
Professionalism Anthony T. Kronman
Pragmatic Professionalism: An Exercise in Applied Ethics Amy R. Mashburn
Comments on Professionalism John M. Walker Jr.
The Case against Secret Settlements (Or, What You Don't Know Can Hurt You) Richard A. Zitrin
Limiting Secret Settlements by Law David Luban
Can a Good Lawyer Be a Bad Person Stephen Gillers
The Good Person Question: Valid Query or Hobson's Choice Raymond M. Brown
Lawyer Disclosure to Prevent Death or Bodily Injury: A New Look at Spaulding v. Zimmerman Roger C. Cramton
Reflections on Confidentiality - A Practitioner's Response to Spaulding v. Zimmerman Carol M. Langford
Rationing Justice - What Thomas More Would Say Michael E. Tigar
Effective Assistance: Reconceiving the Role of the Chief Public Defender Kim Taylor-Thompson
Innovative Legal Billing, Alternatives to Billable Hours and Ethical Hurdles Ronald D. Rotunda
Plaintiffs' Class Action Attorneys Earn What They Get Patricia M. Hynes
Plaintiffs' Attorneys' Fees in Class Action Litigation: An Ethical Solution David M. Young
Access to What Stephen L. Pepper
The Lawful and the Just: Moral Implications of Unequal Access to Legal Services Kathleen Clark
Corporate-Family Conflicts Charles W. Wolfram
Conflicts in the Corporate Family: Professor Wolfram Has It Almost Right Lawrence J. Fox
After Legal Aid is Abolished Geoffrey C. Hazard Jr.
Comments on After Legal Aid is Abolished Frank Rosiny
When is a Social Worker as Well as a Lawyer Needed Jack B. Weinstein
Should the Government Fund Legal Services - If So, What Should the Lawyers Do Jonathan A. Weiss
Response to Should the Government Fund Legal Services - If So, What Should the Lawyers Do Michael Horowitz
Informal Debate between Michael Horowitz and Jonathan A. Weiss on Funding Legal Services Michael Horowitz and Jonathan A. Weiss
An Informal Discussion on Legal Ethics Charles W. Wolfram, Ronald D. Rotunda, Burnele V. Powell, Carol M. Langford, and Roy Simon
About the Authors and Contributors
Legal Ethics: Access to Justice Selected Bibliography
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Georgetown journal of legal ethics, recent articles, the funny business, evelyn hudson, spring 2022.
Subjective Feeling or Objective Standard? The Misuse of the Word "Repugnant" in the Model Rules of Professional Conduct
Vanessa a. kubota, spring 2022.
The Georgetown Journal of Legal Ethics was founded in 1987 by Father Robert Drinan.
Before joining the faculty of Georgetown Law, Father Drinan served in the U.S. House of Representatives for ten years on behalf of the 4th District of Massachusetts. He dedicated his career to many human rights interests and legal causes, including the elevation of the stature of legal ethics as a discipline and in practice. Father Drinan passed away in January 2007.
Now, in our thirty-third year, The Georgetown Journal of Legal Ethics continues to honor Father Drinan’s vision for the legal profession. The Journal, through its four annual issues and featured symposia, aspires to serve as the main forum for the discussion and development of the most compelling and pertinent issues currently affecting both the Bench and the Bar.
As a law journal, we seek to exemplify the mission and mandate of the legal profession articulated in Canon 32 of the Canons of Professional Ethics which was approved by the American Bar Association in 1908. Canon 32 states that the lawyer “advances the honor of his profession and the best interest of his client when he renders service or gives advice tending to impress upon the client and his undertaking exact compliance with the strictest principles of moral law….”
The Journal has also broadened its vision to invite interdisciplinary scholarship and writing related to the future of the legal profession.
The Journal strives to publish cutting edge articles on ethical issues, facilitate symposia that include legal scholars, attorneys from diverse practice areas, judges, and social scientists.
The Journal has a steadfast commitment to community service, which is a requirement for all staff and editors. Our mission is intended to honor and perpetuate Father Drinan’s legacy of a call to practice a higher code of conduct.
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- Indian J Anaesth
- v.60(9); 2016 Sep
Legal and ethical issues in research
1 Department of Women's Anaesthesia, KK Women's and Children's Hospital, Bukit Timah, Singapore
Nian-Lin Reena Han
2 Division of Clinical Support Services, KK Women's and Children's Hospital, Bukit Timah, Singapore
Ban Leong Sng
3 Anesthesiology and Perioperative Sciences Academic Clinical Program, Duke-NUS Medical School, Singapore
Legal and ethical issues form an important component of modern research, related to the subject and researcher. This article seeks to briefly review the various international guidelines and regulations that exist on issues related to informed consent, confidentiality, providing incentives and various forms of research misconduct. Relevant original publications (The Declaration of Helsinki, Belmont Report, Council for International Organisations of Medical Sciences/World Health Organisation International Guidelines for Biomedical Research Involving Human Subjects, World Association of Medical Editors Recommendations on Publication Ethics Policies, International Committee of Medical Journal Editors, CoSE White Paper, International Conference on Harmonisation of Technical Requirements for Registration of Pharmaceuticals for Human Use-Good Clinical Practice) form the literature that are relevant to the ethical and legal aspects of conducting research that researchers should abide by when conducting translational and clinical research. Researchers should note the major international guidelines and regional differences in legislation. Hence, specific ethical advice should be sought at local Ethics Review Committees.
The ethical and legal issues relating to the conduct of clinical research involving human participants had raised the concerns of policy makers, lawyers, scientists and clinicians for many years. The Declaration of Helsinki established ethical principles applied to clinical research involving human participants. The purpose of a clinical research is to systematically collect and analyse data from which conclusions are drawn, that may be generalisable, so as to improve the clinical practice and benefit patients in future. Therefore, it is important to be familiar with Good Clinical Practice (GCP), an international quality standard that is provided by the International Conference on Harmonisation of Technical Requirements for Registration of Pharmaceuticals for Human Use (ICH),[ 1 ] or the local version, GCP of the Central Drugs Standard Control Organization (India's equivalent of US Food and Drug Administration)[ 2 ] and local regulatory policy to ensure that the research is conducted both ethically and legally. In this article, we will briefly review the legal and ethical issues pertaining to recruitment of human subjects, basic principles of informed consent and precautions to be taken during data and clinical research publications. Some of the core principles of GCP in research include defining responsibilities of sponsors, investigators, consent process monitoring and auditing procedures and protection of human subjects.[ 3 ]
ISSUES RELATED TO THE RESEARCH PARTICIPANTS
The main role of human participants in research is to serve as sources of data. Researchers have a duty to ‘protect the life, health, dignity, integrity, right to self-determination, privacy and confidentiality of personal information of research subjects’.[ 4 ] The Belmont Report also provides an analytical framework for evaluating research using three ethical principles:[ 5 ]
- Respect for persons – the requirement to acknowledge autonomy and protect those with diminished autonomy
- Beneficence – first do no harm, maximise possible benefits and minimise possible harms
- Justice – on individual and societal level.
Mistreatment of research subjects is considered research misconduct (no ethical review approval, failure to follow approved protocol, absent or inadequate informed consent, exposure of subjects to physical or psychological harm, exposure of subjects to harm due to unacceptable research practices or failure to maintain confidentiality).[ 6 ] There is also scientific misconduct involving fraud and deception.
Consent, possibility of causing harm
Based on ICH definition, ‘informed consent is a process by which a subject voluntarily confirms his or her willingness to participate in a particular trial, after having been informed of all aspects of the trial that are relevant to the subject's decision to participate’. As for a standard (therapeutic) intervention that carries certain risks, informed consent – that is voluntary, given freely and adequately informed – must be sought from participants. However, due to the research-centred, rather than patient-centred primary purpose, additional relevant information must be provided in clinical trials or research studies in informed consent form. The essential components of informed consent are listed in Table 1 [Adapted from ICH Harmonised Tripartite Guideline, Guideline for Good Clinical Practice E6(R1)].[ 1 ] This information should be delivered in the language and method that individual potential subjects can understand,[ 4 ] commonly in the form of a printed Participant Information Sheet. Informed consent is documented by means of written, signed and dated informed consent form.[ 1 ] The potential subjects must be informed of the right to refuse to participate or withdraw consent to participate at any time without reprisal and without affecting the patient–physician relationship. There are also general principles regarding risk assessment, scientific requirements, research protocols and registration, function of ethics committees, use of placebo, post-trial provisions and research publication.[ 4 ]
Essential components of an informed consent
Informed consent may be sought from a legally authorised representative if a potential research subject is incapable of giving informed consent[ 4 ] (children, intellectual impairment). The involvement of such populations must fulfil the requirement that they stand to benefit from the research outcome.[ 4 ] The ‘legally authorised representative’ may be a spouse, close relative, parent, power of attorney or legally appointed guardian. The hierarchy of priority of the representative may be different between different countries and different regions within the same country; hence, local guidelines should be consulted.
Special case: Emergency research
Emergency research studies occur where potential subjects are incapacitated and unable to give informed consent (acute head trauma, cardiac arrest). The Council for International Organisations of Medical Sciences/World Health Organisation guidelines and Declaration of Helsinki make exceptions to the requirement for informed consent in these situations.[ 4 , 7 ] There are minor variations in laws governing the extent to which the exceptions apply.[ 8 ]
Reasonable efforts should have been made to find a legal authority to consent. If there is not enough time, an ‘exception to informed consent’ may allow the subject to be enrolled with prior approval of an ethical committee.[ 7 ] Researchers must obtain deferred informed consent as soon as possible from the subject (when regains capacity), or their legally authorised representative, for continued participation.[ 4 , 7 ]
Collecting patient information and sensitive personal information, confidentiality maintenance
The Health Insurance Portability and Accountability Act has requirements for informed consent disclosure and standards for electronic exchange, privacy and information security. In the UK, generic legislation is found in the Data Protection Act.[ 9 ]
The International Committee of Medical Journal Editors (ICMJE) recommendations suggest that authors must ensure that non-essential identifying information (names, initials, hospital record numbers) are omitted during data collection and storage wherever possible. Where identifying information is essential for scientific purposes (clinical photographs), written informed consent must be obtained and the patient must be shown the manuscript before publication. Subjects should also be informed if any potential identifiable material might be available through media access.
Cash or other benefits ‘in-kind’ (financial, medical, educational, community benefits) should be made known to subjects when obtaining informed consent without emphasising too much on it.[ 7 ] Benefits may serve as appreciation or compensation for time and effort but should not result in the inducement to participation.[ 10 ] The amount and nature of remuneration should be compared to norms, cultural traditions and are subjected to the Ethical Committee Review.[ 7 ]
ISSUES RELATED TO THE RESEARCHER
Legal issues pertaining to regulatory bodies.
Various regulatory bodies have been constituted to uphold the safety of subjects involved in research. It is imperative to obtain approval from the appropriate regulatory authorities before proceeding to any research. The constitution and the types of these bodies vary nation-wise. The researchers are expected to be aware of these authorities and the list of various bodies pertinent to India are listed in the article “Research methodology II” of this issue.
Avoiding bias, inappropriate research methodology, incorrect reporting and inappropriate use of information
Good, well-designed studies advance medical science development. Poorly conducted studies violate the principle of justice, as there are time and resources wastage for research sponsors, researchers and subjects, and undermine the societal trust on scientific enquiry.[ 11 ] The Guidelines for GCP is an international ethical and scientific quality standard for designing, conducting, recording and reporting trials.[ 1 ]
Fraud in research and publication
De novo data invention (fabrication) and manipulation of data (falsification)[ 6 ] constitute serious scientific misconduct. The true prevalence of scientific fraud is difficult to measure (2%–14%).[ 12 ]
Plagiarism and its checking
Plagiarism is the use of others' published and unpublished ideas or intellectual property without attribution or permission and presenting them as new and original rather than derived from an existing source.[ 13 ] Tools such as similarity check[ 14 ] are available to aid researchers detect similarities between manuscripts, and such checks should be done before submission.[ 15 ]
Duplicate publications violate international copyright laws and waste valuable resources.[ 16 , 17 ] Such publications can distort evidence-based medicine by double-counting of data when inadvertently included in meta-analyses.[ 16 ] This practice could artificially enlarge one's scientific work, distorting apparent productivity and may give an undue advantage when competing for research funding or career advancement.[ 17 ] Examples of these practices include:
Duplicate publication, redundant publication
Publication of a paper that overlaps substantially with one already published, without reference to the previous publication.[ 11 ]
Slicing of data from a single research process into different pieces creating individual manuscripts from each piece to artificially increase the publication volume.[ 16 ]
Such misconduct may lead to retraction of articles. Transparent disclosure is important when submitting papers to journals to declare if the manuscript or related material has been published or submitted elsewhere, so that the editor can decide how to handle the submission or to seek further clarification. Further information on acceptable secondary publication can be found in the ICMJE ‘Recommendations for the Conduct, Reporting, Editing, and Publishing of Scholarly Work in Medical Journals’.
Usually, sponsors and authors are required to sign over certain publication rights to the journal through copyright transfer or a licensing agreement; thereafter, authors should obtain written permission from the journal/publisher if they wish to reuse the published material elsewhere.[ 6 ]
Authorship and its various associations
The ICMJE recommendation lists four criteria of authorship:
- Substantial contributions to the conception of design of the work, or the acquisition, analysis or interpretation of data for the work
- Drafting the work or revising it critically for important intellectual content
- Final approval of the version to be published
- Agreement to be accountable for all aspects of the work in ensuring that questions related to the accuracy or integrity of any part of the work are appropriately investigated and resolved.
Authors and researchers have an ethical obligation to ensure the accuracy, publication and dissemination of the result of research,[ 4 ] as well as disclosing to publishers relevant corrections, retractions and errata, to protect scientific integrity of published evidence. Every research study involving human subjects must be registered in a publicly accessible database (e.g., ANZCTR [Australia and NZ], ClinicalTrials.gov [US and non-US], CTRI [India]) and the results made publicly available.[ 4 ] Sponsors of clinical trials must allow all study investigators and manuscript authors access to the full study data set and the right to use all study data for publication.[ 5 ] Source documents (containing trial data) and clinical study report (results and interpretation of trial) form part of the essential documentation that must be retained for a length of time prescribed by the applicable local legislation.[ 1 ] The ICMJE is currently proposing a requirement of authors to share with others de-identified individual patient data underlying the results presented in articles published in member journals.[ 18 ]
Those who have contributed to the work but do not meet all four criteria should be acknowledged; some of these activities include provision of administrative support, writing assistance and proofreading. They should have their written permission sought for their names to be published and disclose any potential conflicts of interest.[ 6 ] The Council of Scientific Editors has identified several inappropriate types of authorship, such as guest authorship, honorary or gift authorship and ghost authorship.[ 6 ] Various interventions should be put in place to prevent such fraudulent practices in research.[ 19 ] The list of essential documents for the conduct of a clinical trial is included in other articles of the same issue.
The recent increase in research activities has led to concerns regarding ethical and legal issues. Various guidelines have been formulated by organisations and authorities, which serve as a guide to promote integrity, compliance and ethical standards in the conduct of research. Fraud in research undermines the quality of establishing evidence-based medicine, and interventions should be put in place to prevent such practices. A general overview of ethical and legal principles will enable research to be conducted in accordance with the best practices.
Financial support and sponsorship
Conflicts of interest.
There are no conflicts of interest.
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Based on downloads in February 2023
Facebook-Cambridge Analytica Data Harvesting: What You Need To Know , Ikhlaq ur Rehman University of Kashmir
Facebook-Cambridge Analytica Data Harvesting: What You Need To Know , Ikhlaq Ur Rehman
Library philosophy and practice (e-journal).
In 2018, it became public knowledge that millions of Facebook users’ data had been harvested without their consent. At the heart of the issue was Cambridge Analytica (CA) which in partnership with Cambridge researcher, Aleksandr Kogan harvested data from millions of Facebook profiles. Kogan had developed an application called “thisisyourdigitallife” which featured a personality quiz and CA paid for people to take it. The app recorded results of each quiz, collected data from quiz taker’s Facebook account such as personal information and Facebook activity (e.g., what content was “liked”) as well as their Facebook friends which led to data harvesting …
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Justifying Justice: Six Factors Of Wrongful Convictions And Their Solutions , Colby Duncan San Jose State University
Justifying Justice: Six Factors Of Wrongful Convictions And Their Solutions , Colby Duncan
Themis: research journal of justice studies and forensic science.
There have been over 300 post-conviction DNA exonerations in the history of the United States. While this number may initially seem significant, there is still an unfathomable population of wrongfully convicted prisoners who have yet to be considered for retrials. Unaddressed wrongful conviction cases highlight the unacceptable weaknesses in the U.S. justice system, weaknesses that include poor investigative tactics and the acceptance or allowance of inaccurate and unreliable evidence. This paper will dutifully analyze the causes that lead to wrongful convictions and amply discuss potential solutions, all of which includes eyewitness misidentification, improper forensics, false confessions, informants, government misconduct, and …
The Practitioner’S Guide To Properly Responding To Requests For Disclosure Under The Texas Discovery Rules , Robert K. Wise, Kennon L. Wooten Lillard Wise Szygenda pllc
The Practitioner’S Guide To Properly Responding To Requests For Disclosure Under The Texas Discovery Rules , Robert K. Wise, Kennon L. Wooten
St. mary's law journal.
Discovery, a pretrial procedure used to obtain information relating to the litigation, generally is the largest cost of civil litigation. By its very nature, discovery also is intrusive and invasive. Many practitioners are quick to dispute discovery requests, slow to produce information requested, and all too-eager to object at every stage of the discovery process.
This article relates to one of the most common types of written discovery—Texas Rule of Civil Procedure 194 disclosure requests, the responses to which are often incomplete and inadequate. Disclosure requests provide inexpensive, basic discovery without the delay relating to objections or work-product assertions. This …
Theranos: Case Study And Examination Of The Fraud Triangle , Abbey Jennings University of Arkansas, Fayetteville
Theranos: Case Study And Examination Of The Fraud Triangle , Abbey Jennings
Finance undergraduate honors theses.
Fraud is a serious issue which carries significant implications. Fraud committed by top level managers is particularly grievous, as it ripples through a firm, harming the company’s shareholders, employees, and credibility, while posing a threat to individuals and society (Zahra, et al.). A common framework in auditing, the fraud triangle, outlines three factors that if present, increase the risk or enable fraud to occur. The three factors are incentive, opportunity, and rationalization to commit fraud (Barlow).
In 2018, the Securities and Exchange Commission (SEC) charged Elizabeth Holmes, founder and CEO of a supposedly groundbreaking health tech company, Theranos, with what …
Lawfare And Legal Ethics In Guantánamo , David Luban Georgetown University Law Center
Lawfare And Legal Ethics In Guantánamo , David Luban
Georgetown law faculty publications and other works.
This paper, part of a symposium on the legal profession, focuses on the lawyers – some civilian and some military – who represent detainees at Guantánamo Bay. These include civilian counsel representing Guantánamo prisoners in habeas proceedings, as well as civilian and military defense counsel for those facing trial before military commissions. Using published sources as well as interviews with some of the lawyers, the paper examines the tactics by which the U.S. government has tried to disrupt the effective representation of Guantánamo detainees. In the case of habeas lawyers, whose very presence at Guantánamo is unwelcome by the government, …
The Bystander During The Holocaust , Robert A. Goldberg Professor of History and Director of the Tanner Humanities Center at the University of Utah
The Bystander During The Holocaust , Robert A. Goldberg
Utah law review.
The German people today have embraced their sense of collective responsibility. They have accepted the seamless case of genocide and its implications are part of the national soul. They have come to full reckoning, determined to remember a difficult past and not repeat it. The Austrians, the Dutch, and the Poles have yet to reach the point of confession or even an awareness of responsibility. Perhaps the most remarkable symbol of national responsibility is the grassroots Stolperstein or Stumble Stone project, which began in Germany in 1992 with the goal to remember the victims of the Holocaust individually. Cobblestone-size concrete …
Hotel Managers Identify Ethical Problems: A Survey Of Their Concerns , Betsy Stevens Elon University
Hotel Managers Identify Ethical Problems: A Survey Of Their Concerns , Betsy Stevens
This study identified and examined the concerns of hotel general managers regarding ethics in the hospitality industry. Thirty-five managers were interviewed during and immediately following the economic recession to determine which ethical issues in the hotel industry and at their own properties concerned them the most. Results showed that more people and organizations attempted to renegotiate hotel rates, which actions, in turn, led to some lapses in ethical behavior. Managers said that because of the economic downturn, they felt pressure from both private owners and corporate headquarters. They also said a lack of work ethic, low motivation, and low pay …
Ethical And Legal Standards In Social Work , Frederic G. Reamer Rhode Island College
Ethical And Legal Standards In Social Work , Frederic G. Reamer
Social workers frequently encounter circumstances involving ethical and legal issues. In many instances, relevant ethical and legal standards complement each other; however, in some circumstances, ethical and legal standards conflict. This article provides a comprehensive overview of the relationship between U.S. ethical and legal standards in social work. The author presents a conceptually based typology of 4 types of relationships between legal and ethical standards. Case examples are included. The author concludes with a decision-making framework designed to enhance social workers' constructive management of difficult decisions involving ethical and legal standards.
Crossing The Line: Techniques Of Closing Argument That Are Out Of Bounds In Criminal Trials , Blake R. Mills University of Arkansas at Little Rock William H. Bowen School of Law
Crossing The Line: Techniques Of Closing Argument That Are Out Of Bounds In Criminal Trials , Blake R. Mills
University of arkansas at little rock law review.
No abstract provided.
The Changing View Of The “Bystander” In Holocaust Scholarship: Historical, Ethical, And Political Implications , Victoria J. Barnett Director of the United States Holocaust Memorial Museum’s Programs on Ethics, Religion, and the Holocaust
The Changing View Of The “Bystander” In Holocaust Scholarship: Historical, Ethical, And Political Implications , Victoria J. Barnett
The role of “bystanders” has been a central theme in discussions about the ethical legacy of the Holocaust. In early Holocaust historiography, “bystander” was often used as a generalized catchall term designating passivity toward Nazi crimes. “Bystander behavior” became synonymous with passivity to the plight of others, including the failure to speak out against injustice and/or assist its victims. More recent scholarship has documented the extent to which local populations and institutions were actively complicit in Nazi crimes, participating in and benefitting from the persecution of Jewish citizens, not only in Germany but across Europe. This newer research has sparked …
All Articles in Legal Ethics and Professional Responsibility
7,187 full-text articles. Page 1 of 169 .
Cultivating Sense: Cultural Change In The Prosecutor’S Office , Shih-Chun Steven Chien 2023 Cleveland State University College of Law
Cultivating Sense: Cultural Change In The Prosecutor’S Office , Shih-Chun Steven Chien
Law faculty articles and essays.
Prosecutors exercise broad discretion. They are widely viewed as the gatekeepers of the criminal justice system. To date, studies on prosecutors in different jurisdictions have largely focused on how to conceptualize, manage, and eventually control the exercise of prosecutorial discretion. Scholars have recently turned their attention to the importance of internal organizational management and leadership’s role in changing office culture as a means to regulate prosecutorial discretion. But we have limited empirical evidence as to how changes occur within a prosecutor’s office and what precise role organizational leaders play during this process.
This Article constructs a new paradigm for the …
The Kinder, Gentler Irs? Where? , Harvey Gilmore 2023 University of Hartford
The Kinder, Gentler Irs? Where? , Harvey Gilmore
Depaul business & commercial law journal.
The Lawyer's Duty Of Tech Competence Post-Covid: Why Georgia Needs A New Professional Rule Now—More Than Ever , Julia Webb 2023 Georgia State University College of Law
The Lawyer's Duty Of Tech Competence Post-Covid: Why Georgia Needs A New Professional Rule Now—More Than Ever , Julia Webb
Georgia state university law review.
The American Bar Association (ABA) promulgates the Model Rules for Professional Conduct (Model Rules), which prescribe the behavior with which lawyers must comply in demonstrating competency to practice law. In 2012, the ABA updated Comment 8 to Model Rule 1.1 to require maintaining competence in the “benefits and risks associated with relevant technology,” also known as a lawyer’s “duty of technological competence.” A decade later, the majority of state bar associations have adopted and implemented this language. Georgia, however, remains among the last ten states that have not yet formally adopted the duty of technological competence. The COVID-19 pandemic forced …
Law School As Straight Space , Swethaa S. Ballakrishnen 2023 University of California, Irvine School of Law
Law School As Straight Space , Swethaa S. Ballakrishnen
Fordham law review.
In honoring Professor Deborah L. Rhode’s commitment to making space for the marginal in legal education and clarifying the “no-problem” problems in our midst, Professor Ballakrishnen’s Essay focuses on one strain of nonnormative experience—that of genderqueer persons—to clarify the ways in which law schools reinforce linear hierarchies of identity and performance. Professor Ballakrishnen catalogues ethnographic student interview data to highlight perspectives of genderqueer law students, the result of which suggests that “normal” professional practices in law school reinforce the rigidity of the gender binary. They conclude by suggesting that paying attention to these student subpopulations is crucial to reform legal …
Deborah L. Rhode In Memoriam: Three Stories And Ten Life Lessons , Benjamin H. Barton 2023 University of Tennessee College of Law
Deborah L. Rhode In Memoriam: Three Stories And Ten Life Lessons , Benjamin H. Barton
In this Essay, Professor Benjamin H. Barton offers a heartfelt tribute to the late legal scholar, Professor Deborah L. Rhode. Professor Barton reflects on Rhode’s prolific career, which spanned areas including legal ethics, feminism and women in the law, and lawyers as leaders. He also examines Rhode’s later works, which delved into more personal topics such as character, ambition, and legacy. Through personal anecdotes and life lessons, Professor Barton honors Rhode’s legacy as a model academic, mentor, and transformative force in the legal profession.
Why The 30 Percent Mansfield Rule Can't Work: A Supply-Demand Empirical Analysis Of Leadership In The Legal Profession , Paola Cecchi-Dimeglio 2023 Harvard Law School
Why The 30 Percent Mansfield Rule Can't Work: A Supply-Demand Empirical Analysis Of Leadership In The Legal Profession , Paola Cecchi-Dimeglio
The Mansfield Rule proposes that if 30 percent of the candidate pool is drawn from underrepresented groups, then a legal workplace will become more diverse and inclusive as a result. However, across the legal profession, statistics related to the numbers of women and other underrepresented groups in leadership roles continue to paint a bleak picture of diversity and inclusion. Professor Cecchi-Dimeglio’s Essay presents a supply-demand empirical analysis of the legal profession at the leadership level, and argues that the 30 percent Mansfield Rule ultimately does not enhance diversity in the legal profession, especially in leadership positions.
An Ode To Rhode: In Principle And In Practice , Scott L. Cummings 2023 UCLA School of Law
An Ode To Rhode: In Principle And In Practice , Scott L. Cummings
This Essay is a tribute to Professor Deborah L. Rhode by Professor Scott L. Cummings and discusses her legacy through the impact of her scholarship and leadership on both legal ethics and the community of legal ethics scholars. It reviews Deborah’s findings on pro bono in principle and in practice, revealing a Janus face—one that is built on altruism but used to benefit individual interests. This Essay shares Professor Cummings’s own experiences with Deborah as an inspirational and courageous individual who spoke truth to power to elevate the interests of those with less power and the ideal of lawyers as …
Mentored: On Leaders, Legacies, And Legal Ethics , Renee Knake Jefferson 2023 University of Houston Law Center
Mentored: On Leaders, Legacies, And Legal Ethics , Renee Knake Jefferson
Professor Renee Knake Jefferson shares insights on mentorship and legal ethics gleaned from her relationship with Professor Deborah Rhode. The Essay, written as part of the Fordham Law Review colloquium in Professor Rhode’s memory, argues that the stories of women and minority lawyers—regardless of whether one had a personal relationship with them—are an unrealized, valuable source of informal mentorship. It lays the groundwork for formalizing mentorship as an ethical obligation of leaders in the legal profession and beyond.
Rhode Was Right (About Character And Fitness) , Leslie C. Levin 2023 University of Connecticut School of Law
Rhode Was Right (About Character And Fitness) , Leslie C. Levin
In this Essay, Professor Leslie C. Levin revives Professor Deborah L. Rhode’s forty-year-old critique of the character and fitness process and shows that not much has changed. Levin exposes the process’s core problems, including the lack of public information available about character and fitness decisions, the process’s subjectivity, the disconnect between information sought and future lawyer misconduct, and the deterrent effect on individuals considering a legal career. Levin proposes that task forces reexamine problematic application questions, such as those targeting decriminalized conduct and mental health, and push for more transparency and disclosure.
The Shape Of A Life: Deborah L. Rhode In Memoriam , David Luban 2023 Georgetown University Law Center
The Shape Of A Life: Deborah L. Rhode In Memoriam , David Luban
In this Essay honoring the life and work of Professor Deborah Rhode, Professor David Luban examines Professor Rhode's moral sensibility, which runs through all her writings, and situates this sensibility on a map of moral theories.
John Osborn's Enduring Words On Law & Learning , Walter Effross 2023 American University Washington College of Law
John Osborn's Enduring Words On Law & Learning , Walter Effross
When I started my first year at Harvard Law School, 17 years after Osborn did, I wasn’t looking for enlightenment. But I expected to be — and was — intimidated by Socratic taskmasters who, like the movie version of Osborn’s Professor Kingsfield (a role for which John Houseman won an Academy Award and a Golden Globe Award in 1973), were ready with “always another question, another question to follow your answer.”
What A Waste! An Evaluation Of Federal And State Medical And Biohazard Waste Regulations During The Covid-19 Pandemic And Their Impact On Environmental Justice , Samantha Newman 2023 Villanova University Charles Widger School of Law
What A Waste! An Evaluation Of Federal And State Medical And Biohazard Waste Regulations During The Covid-19 Pandemic And Their Impact On Environmental Justice , Samantha Newman
Villanova environmental law journal.
The Evolution Of Chapter 11: How Corporate Restructuring Has Evolved And Its Important Role In The Recovery Of A Struggling Economy , Eduardo Cervantes 2023 DePaul University
The Evolution Of Chapter 11: How Corporate Restructuring Has Evolved And Its Important Role In The Recovery Of A Struggling Economy , Eduardo Cervantes
Covid-19 Vs. Constitution; Limited Government's Unlimited Response , John A. Losurdo 2023 DePaul University
Covid-19 Vs. Constitution; Limited Government's Unlimited Response , John A. Losurdo
The "No License, No Chips" Policy: When A Refusal To Deal Becomes Reasonable , Sheng Tong 2023 DePaul University
The "No License, No Chips" Policy: When A Refusal To Deal Becomes Reasonable , Sheng Tong
The Dark Triad: Private Benefits Of Control, Voting Caps And The Mandatory Takeover Rule , Jorge Brito Pereira 2023 DePaul University
The Dark Triad: Private Benefits Of Control, Voting Caps And The Mandatory Takeover Rule , Jorge Brito Pereira
Repugnant Precedents And The Court Of History , Daniel B. Rice 2023 University of Arkansas School of Law
Repugnant Precedents And The Court Of History , Daniel B. Rice
Michigan law review.
Aged Supreme Court precedents continue to tolerate many practices that would shock modern sensibilities. Yet the Court lacks standard tools for phasing out decisions that offend our national character. The very cultural shifts that have reoriented our normative universe have also insulated most repugnant precedents from direct attack. And the familiar stare decisis factors cannot genuinely explain what ails societally outmoded decisions. Even for justices inclined to condemn these embarrassments in less clinical terms, it is unclear what qualifies courts to make universalist claims about contemporary American values.
The Court recently sidestepped these difficulties by insisting that one of its …
Beavor V. Tomsheck, 138 Nev. Adv. Op. 71 (Nov. 10, 2022) , Genell Maggiacomo 2023 University of Nevada, Las Vegas -- William S. Boyd School of Law
Beavor V. Tomsheck, 138 Nev. Adv. Op. 71 (Nov. 10, 2022) , Genell Maggiacomo
Nevada supreme court summaries.
In an opinion written by Justice Hardesty, the Nevada Supreme Court evaluated whether assignment of proceeds towards an opponent in the same litigation where the legal malpractice arose is valid. The Nevada Supreme Court held that it is invalid because of the violation of public policy. The Court followed the precedent set out in Tower Homes, LLC v. Heaton, which held that assignments for legal malpractice claims prohibited public policy. The Court held that the district court ruled correctly by invalidating the assignment. However, an invalid assignment would not preclude an injured client from pursuing a legal malpractice claim where …
The Murder Of George Floyd: A Case Study Examining How The Policing Of Black Men And Grassroots Activism Influence The Will Of Black Women To Lead , Ella Gates-Mahmoud 2023 Concordia University St. Paul
The Murder Of George Floyd: A Case Study Examining How The Policing Of Black Men And Grassroots Activism Influence The Will Of Black Women To Lead , Ella Gates-Mahmoud
Doctorate in education.
This study's objective investigates the viewpoints held by Black women in two urban areas of Minnesota about the social upheaval that followed the murder of George Floyd in 2020 for using a counterfeit $20 bill. In the last decade, police killings of innocent Black people in the United States have received more attention, and Floyd's death is only one example of this phenomenon. In the U.S., the likelihood of a police officer taking the life of a Black man is higher than that of a White man. Between 2013-2019 there have been 1,641 fatal shootings of defenseless Black men by …
Human Rights And Lawyer’S Oaths , Lauren E. Bartlett 2023 Saint Louis University School of Law
Human Rights And Lawyer’S Oaths , Lauren E. Bartlett
All faculty scholarship.
Each lawyer in the United States must take an oath to be licensed to practice law. The first time a lawyer takes this oath is usually a momentous occasion in their career, marked by ceremony and celebration. Yet, many lawyer’s oaths today are unremarkable and irrelevant to modern law practice at best, and at worst, inappropriate, discriminatory, and obsolete. Drawing on a fifty-state survey of lawyer’s oaths in the United States, this article argues that it is past time to update lawyer’s oaths in the United States and suggests drawing on human rights to make lawyer’s oaths more accessible and …
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Public Law & Legal Theory Research Paper Series. Paper No. 1646558. Philosophical Legal Ethics: Ethics, Morals, and. Jurisprudence. Alice Woolley.
Other topics include perjury, communications, witnesses, jurors, the court, the press, trial tactics, prosecutors, market, solicitation
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Publishes international research on legal ethics, including the conduct of the legal professions, moral development and ethical responsibilities of law
Practice Guides & Other Secondary Sources · Paper Topic Ideas & Recent Ethics Developments · California Rules of Professional Conduct · ABA Model
Ethics is a highly productive discipline for legal research. First, its subject, morality, and the academic discipline itself share important
The Journal of the Institute for the Study of Legal Ethics is a journal ... It is a collection of both the major papers and commentaries that were delivered
The Journal strives to publish cutting edge articles on ethical issues, facilitate symposia that include legal scholars, attorneys from diverse practice areas
This article seeks to briefly review the various international guidelines and regulations that exist on issues related to informed consent, confidentiality
Open access academic research from top universities on the subject of Legal Ethics and Professional Responsibility.