Problems regarding the nature of consent are at the heart of many of today's most pressing issues. For example, the #MeToo movement has underscored the need to move beyond viewing consent as a simple matter of yes or no. Consent is complex because humans and their relationships are complicated. Humans, as a result of cognitive limitations and emotional and physical vulnerabilities, are susceptible to manipulation and mistakes. Given the potential for regret, are there some things to which one should not be permitted to consent? The consentability quandary becomes more urgent with technological advances. Should we allow body hacking? Cryonics? Consumer travel to Mars? Assisted suicide? In Consentability: Consent and Its Limits, Nancy S. Kim proposes a bold, original framework for evaluating consentability, which considers the complexities surrounding consent.

Many aspects relating to the conduct of mediation are left to mediator choice, but mediators often lack adequate guidance on how their discretion ought to be exercised. In this book, Omer Shapira identifies the ethical norms that govern mediators' conduct. Adopting a professional ethics perspective on the basis of role-morality and applying it to a core definition of mediators' role, Shapira argues that all mediators are placed in ethical relationships with mediation parties, the mediation profession, the public and their employers. or principals that produce ethical obligations. The book goes on to explore the legitimate expectations of these groups and analyzes existing codes of conduct for mediators. Shapira constructs a theory of mediators' ethics that produces a proposed model code of conduct for mediators - a detailed set of norms of mediators' ethics that can be rationally justified and defended with regard to mediators at large.

In this book Phillip Cole calls for a radical review of what international protection looks like and who is entitled to it. The book brings together different issues of forced displacement to provide a systematic overview. It draws attention to groups who are often overlooked when it comes to discussions of international protection, such as the internally displaced, those displaced by climate change, disasters, development infrastructure projects and extreme poverty. The study draws on extensive case studies, such as border practices by European Union states, the United States with regard to its border with Mexico, and the United Kingdom. Cole places the experiences of displaced people at the centre and argues that they should be key political agents in determining policy in this area.

In 1776, Thomas Paine declared the end of royal rule in the United States. Instead, “law is king,” for the people rule themselves. Paine’s declaration is the dominant American understanding of how political power is exercised. In making law king, American lawyers became integral to the exercise of political power, so integral to law that legal ethics philosopher David Luban concluded, “lawyers are the law.”American lawyers have defended the exercise of this power from the Revolution to the present by arguing their work is channeled by the profession’s standards of ethical behavior. Those standards demand that lawyers serve the public interest and the interests of their paying clients before themselves. The duties owed both to the public and to clients meant lawyers were in the marketplace selling their services, but not of the marketplace. This is the story of power and the limits of ethical constraints to ensure such power is properly wielded. The Lawyer’s Conscience is the first book examining the history of American lawyer ethics, ranging from the mid-eighteenth century to the “professionalism” crisis facing lawyers today.

Seit einiger Zeit polarisieren die Diskussionen um den Nutzen des Wissens und des Nichtwissens im Zusammenhang mit Zufallsbefunden mit Relevanz fur die Gesundheit Betroffener und Verwandter. Die Autorin befasst sich mit der Frage, ob Umgang und Folgen der Generierung eines Zufallsbefundes im Kontext der Diagnostik und Forschung rechtlich geregelt sind. Dabei erlautert sie die rechtlichen Grundlagen des Rechts auf Nichtwissen und der arztlichen Fursorge und analysiert medizinethische Empfehlungen und spezialgesetzliche Regelungen zu Zufallsbefunden. Aufgrund notwendiger rechtlicher Regelungen prasentiert sie Gesetzesentwurfe zur Loesung des Spannungsfeldes zwischen Recht auf Nichtwissen des Betroffenen, arztlicher Fursorgepflicht und Interessen Verwandter bei Generierung eines Zufallsbefundes.

A noble profession is facing its defining moment. From law schools to the prestigious firms that represent the pinnacle of a legal career, a crisis is unfolding. News headlines tell part of the story,the growing oversupply of new lawyers, widespread career dissatisfaction, and spectacular implosions of pre-eminent law firms. Yet eager hordes of bright young people continue to step over each other as they seek jobs with high rates of depression, life-consuming hours, and little assurance of financial stability. The Great Recession has only worsened these trends, but correction is possible and, now, imperative.In The Lawyer Bubble , Steven J. Harper reveals how a culture of short-term thinking has blinded some of the nation's finest minds to the long-run implications of their actions. Law school deans have ceded independent judgment to flawed U.S. News & World Report rankings criteria in the quest to maximize immediate results. Senior partners in the nation's large law firms have focused on current profits to enhance American Lawyer rankings and individual wealth at great cost to their institutions. Yet, wiser decisions,being honest about the legal job market, revisiting the financial incentives currently driving bad behaviour, eliminating the billable hour model, and more,can take the profession to a better place. A devastating indictment of the greed, shortsightedness, and dishonesty that now permeate the legal profession, this insider account is essential reading for anyone who wants to know how things went so wrong and how the profession can right itself once again.

Along with used car dealers and telemarketers, lawyers are considered to be among the least trustworthy of all professionals. If lawyers want more respect, they will have to earn it by reframing their ethical responsibilities. In an original approach to law's moral dilemma, legal theorist Allan C. Hutchinson takes seriously the idea that 'litigation is war'. By drawing an extended analogy with the theory of ethical warfare, he examines the most difficult questions facing practicing lawyers today. Comparing the role of military officers to legal professionals and theories of just peace to legal settlement, Hutchinson outlines a boldly original approach to legal ethics. Fighting Fair's recommendation for a more substantive, honor-based approach to ethics will be a thought-provoking tool for anyone concerned about the moral standing of the legal profession.

The purpose of this book is to explore what role ethical discourse plays in public and private international law. The book seeks (1) to delineate the role of ethical investigation in creating, sustaining, challenging and changing international law and (2) to open up a conversation between two related disciplines - public and private international law - that frequently labor in different vineyards. By examining the role of ethical discourse in international law's public and private dimensions, this volume will hopefully open new avenues for cross-disciplinary exchange in these important fields and related disciplines. The chapters in this book show that there is a way to engage the ethical dimension of international law without seeking to use ethics as raw politics and the will to power.

This 2006 book provides a fully annotated discussion of the ethical universe surrounding state-mandated and private legal disputes involving the custody and best interest of children. It surveys thousands of court cases, statutes, state bar ethics codes, Attorney General opinions and model codes regarding ethical constraints in family and dependency proceedings. The book not only analyzes ethical rules in terms of the chronology of these proceedings, it also surveys those principles for each of the primary participants - children's counsel, parents' counsel, government attorneys and judges. The book contains chapters on pre-hearing alternative dispute resolution, motion and trial practice, appellate procedures and separation of powers. Finally, the book provides a complete child abuse case file with a comprehensive analysis of the inherent ethical issues.

Daniel Sperling discusses the legal status of posthumous interests and their possible defeat by actions performed following the death of a person. The author first explores the following questions: Do the dead have interests and/or rights, the defeat of which may constitute harm? What does posthumous harm consist of and when does it occur, if at all? This is followed by a more detailed analysis of three categories of posthumous interests arising in the medico-legal context: the proprietary interest in the body of the deceased, the testamentary interest in determining the disposal of one's body after death and the interest in post-mortem medical confidentiality. Sperling concludes that if we acknowledge the interest in one's symbolic existence and legally protect it, not only do some interests survive a person's death but we should also enjoy a peremptory legal power to shape in advance our symbolic existence after death.

Legal practitioners operate in an environment of seemingly endless ethical challenges, and against a backdrop of diminishing public opinion about their morality. Based on extensive research, Assessing Lawyers' Ethics argues that lawyers' individual ethics can be assessed and measured in realistic frameworks. When this assessment takes place, legal practitioners are more likely to demonstrate better ethical behaviour as a result of their increased awareness of their own choices. This book advocates a variety of peer-administered testing mechanisms that have the potential to reverse damaging behaviours within the legal profession. It provides prototype techniques, questions and assessments that can be modified to suit different legal cultures. These will help the profession regain the initiative in ethical business practice, halt the decline in firms' reputations and reduce the risk of state-sponsored regulatory intervention.

What should the people expect from their legal officials? This book asks whether officials can be moral and still follow the law, answering that the law requires them to do so. It revives the idea of the good official - the good lawyer, the good judge, the good president, the good legislator - that guided Cicero and Washington and that we seem to have forgotten. Based on stories and law cases from America's founding to the present, this book examines what is good and right in law and why officials must care. This overview of official duties, from oaths to the law itself, explains how morals and law work together to create freedom and justice, and it provides useful maxims to argue for the right answer in hard cases. Important for scholars but useful for lawyers and readable by anybody, this book explains how American law ought to work.

This book explores the thesis that legal roles force people to engage in moral combat, an idea which is implicit in the assumption that citizens may be morally required to disobey unjust laws, while judges may be morally required to punish citizens for civil disobedience. Heidi Hurd advances the surprising argument that the law cannot require us to do what morality forbids. The 'role-relative' understanding of morality is shown to be incompatible with both consequentialist and deontological moral philosophies. In the end, Hurd shows that our best moral theory is one which never makes one actor's moral success turn on another's moral failure. Moral Combat is a sophisticated, well-conceived and carefully argued book on a very important and controversial topic at the junction between legal and political philosophy. It will be of interest to moral, legal, and political philosophers, as well as teachers and students of professional ethics in law.

This book provides the first fully annotated discussion of the ethical universe surrounding state mandated and private legal disputes involving the custody and best interest of children. It surveys thousands of court cases, statutes, state bar ethics codes, Attorney General opinions, and model codes regarding ethical constraints in family and dependency proceedings. The book is unique in two ways. It analyzes ethical rules not only in terms of the chronology of these proceedings, but it also surveys those principles for each of the primary participants - children's counsel, parents' counsel, government attorneys, and judges. The book contains chapters on pre-hearing alternative dispute resolution, motion and trial practice, appellate procedures, and separation of powers. Finally, the book provides a complete child abuse case file with a comprehensive analysis of the inherent ethical issues.

For over three decades, the law has recognised the importance of encouraging Federal employees to come forward with reports of any violation of any law, rule, or regulation, or gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. This book explores the extent to which Federal employees perceive wrongdoing, the extent to which they report the wrong-doing they see, and what factors influence their decisions to remain silent or to blow the whistle.

The Good Lawyer explores the ethical and professional challenges that confront people who work in the law - or are considering it - and offers principled and pragmatic advice about how to overcome such challenges. This book takes a holistic approach that begins with your innate humanity. It urges you to examine your motives for seeking a career in law, to foster a deep understanding of what it means to be 'good', and to draw on your virtue and judgement when difficult choices arise, rather than relying on compliance with rules or codes. The Good Lawyer analyses four important areas of legal ethics - truth and deception, professional secrets, conflicts of interest, and professional competence - and explains the choices that are available when determining a course of moral action. It links theory to practice, and includes many examples, diagrams and source documents to illustrate ethical concepts, scenarios and decision making.

A provocative account of how Levinas' ethics can help us understand our relationship with lawEmmanuel Levinas's philosophy of ethics has frequently attracted attention amongst legal scholars, but he remains a divisive and often enigmatic contributor to this field. He has been read within contexts as varied as human rights, private law, refugee law, and on the nature of judicial reasoning. This book explores what might unite such apparently diverse applications of his ideas, and in doing so considers the challenge of law's ethical relationship with the other. In addition to asking how Levinas's ethics can inform legal problems, the book also examines the ways in which the modern legal edifice has a deceptive tendency to close itself off from the ethical experience. In particular, literatures on biopolitics suggest that law is increasingly complicit in reductive determinations of how we understand ourselves and others. Levinas's most penetrating insight might not, therefore, lie in the law's instrumentalisation of his ethics, but instead in the way his ethics trace a human encounter that escapes law.

Hermann Cohen (1842-1918) was a leading figure in the Neo-Kantian philosophical movement that dominated European thought before 1918. He is also the inaugural figure for what is meant by "modern Jewish philosophy" in the twentieth and twenty-first centuries. This book explores Cohen's striking claim that ethics is rooted in law - a claim developed in both his philosophical ethics and his philosophy of Judaism, in particular in his writings on "love-of-neighbor," up to and including his well-known Religion of Reason. Dana Hollander proposes that neither Cohen's systematic philosophy nor his "Jewish" philosophy should be seen as the dominant framework for his oeuvre as a whole, but that his understanding of key philosophical questions takes shape in the passages between both corpuses, a trait that could be seen as paradigmatic for modern Jewish philosophy. Ethics Out of Law taps into one of the prime topics of current interest in the field of Jewish philosophy: the nature of Jewish political existence and the changing configurations of "law" that this entails.

The Neuroethics of Memory is a thematically integrated analysis and discussion of neuroethical questions about memory capacity and content, as well as interventions to alter it. These include: how does memory function enable agency, and how does memory dysfunction disable it? To what extent is identity based on our capacity to accurately recall the past? Could a person who becomes aware during surgery be harmed if they have no memory of the experience? How do we weigh the benefits and risks of brain implants designed to enhance, weaken or erase memory? Can a person be responsible for an action if they do not recall it? Would a victim of an assault have an obligation to retain a memory of this act, or the right to erase it? This book uses a framework informed by neuroscience, psychology, and philosophy combined with actual and hypothetical cases to examine these and related questions.

This extraordinary expos? of corruption and intrigue in the Nevada legal profession and judiciary tells the true story of the Whitehead Case, the longest and most controversial case in the history of the Nevada Supreme Court. The tale begins with the efforts by the political enemies of Nevada district court judge Jerry Carr Whitehead to eliminate him from the bench.
When the Nevada Supreme Court issued an order to the Nevada Commission on Judicial Discipline to temporarily halt further illegal actions against Judge Whitehead, the reaction of the Discipline Commission's members and the state's Attorney General (with the aid of the state's largest newspaper) was swift and furious retaliation.
Whitehead Revisited reads like a John Grisham legal thriller. When the panel of judges in the Whitehead Case appointed a Special Master to investigate numerous violations of the court's orders, he soon uncovered an elaborate conspiracy, orchestrated by members of a prominent Nevada law firm, to eliminate Justices Charles Springer and Thomas Steffen from the Nevada Supreme Court -- and to replace them with justices more "friendly" to the firm.
Attempts to unlawfully intervene in the Whitehead Case in order to stop the investigation were then made by three other Nevada Supreme Court justices (two of whom had been disqualifed from the case) and the Attorney General - all of whom were on the Special Master's list of prime suspects in his investigation of this nefarious plot to stack the Nevada Supreme Court.

Professor Matthew Kramer is one of the most important legal philosophers of our time - even if the label 'legal philosopher' does not do justice to the breadth of his work. This collection of essays brings together esteemed philosophers, as well as junior scholars, to critically assess Kramer's philosophy. The contributions focus on Kramer's work on legal philosophy, metaethics, normative ethics, and political philosophy. The volume is divided into six parts, each focusing on different aspect of Kramer's work. The first part, Rights and Right-holding, contains five essays addressing Kramer's work on rights and right-holding, including the Hohfeldian analysis and the interest theory of right-holding. The four essays in the second part, General Jurisprudence, focus on Kramer's work in general jurisprudence, from the compatibility of legal positivism with universal legal error, to his robust defense of inclusive legal positivism, concluding with reflections on his writings on the rule of law. The third part, General Matters of Ethics, contains two essays addressing Kramer's metaethical work on moral realism as a moral doctrine. The fourth and fifth parts, Freedom and Liberalism, have four essays falling within political philosophy, probing Kramer's work on negative freedom and political liberalism, respectively. The sixth part, Applied Ethics, contains two essays on Kramer's work on capital punishment and freedom of expression. The collection is rounded off by reflections on, and replies to, the contributions by Kramer himself.