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Books > Law > Jurisprudence & general issues > Legal profession > Legal ethics & professional conduct
Nearly 50 years ago a California court heard a complaint from a recent high school graduate who alleged that he could not read at a level that would allow him to apply for, let alone hold, a meaningful job. He asserted that the public school district was negligent and that his prospects for a productive life were diminished by their negligence. The court disagreed and educational malpractice was cast outside the schoolhouse gate and an educational malpractice wall was erected. In sum, both federal and state courts have constructed a sturdy wall against the recognition of educational malpractice lawsuits. However, recent advances in research on instruction, statistical analyses that some have argued can identify substandard teaching, may have cracked the wall. Thus, confluence of events may lead to demolishing the educational malpractice wall constructed over the past half century. The authors of Raising a Cautionary Flag: Educational Malpractice and the Professional Teacher, explore the judicial reticence to recognize educational malpractice as a viable tort of negligence. They review the concept of what constitutes a professional, what is malpractice and how is it related to the professional malpractice of physicians and attorneys, and the potential responses to education malpractice. They conclude by raising a cautionary flag about breaching the judicial wall.
Training tools and subject-matter for teaching ethics to law enforcement personnel were examined. A literature review revealed seven categories of training tools including: (a) books and publications, (b) case studies of ethical dilemmas, (c) codes of ethics, (d) decision-making processes, (e) films, (f) philosophies and philosophers, and (g) whistle-blowing (reporting the misconduct of others). Determining the most useful training tool for maintaining proper behavior and improving recalcitrant behavior is an important step in developing effective law enforcement training. In the summer of 2005, a multimethod survey examined the preferences of three populations. The populations were in-service police officers from Phoenix, Arizona, retired police officers from Phoenix, Arizona, and a nationwide group of ethics instructors. Respondents were asked to identify the ethics training tool believed to be most useful for law enforcement training towards maintaining proper behavior and improving recalcitrant behavior. The research found that all three populations chose case studies more frequently than any of the other six tools.
This is the second edition of The Private Investigator's Legal Manual, first published in 2005. The second edition includes expanded sections from the first edition, new sections, and analysis of numerous new laws and cases reflecting important changes and developments affecting California private investigators and the attorneys who hire and represent them. The Manual remains the only complete source for answers to the often tricky and difficult legal issues unique to California private investigators.
This textbook looks at the main ethical questions that confront the criminal justice system - legislature, law enforcement, courts, and corrections - and those who work within that system, especially police officers, prosecutors, defence lawyers, judges, juries, and prison officers. John Kleinig sets the issues in the context of a liberal democratic society and its ethical and legislative underpinnings, and illustrates them with a wide and international range of real-life case studies. Topics covered include discretion, capital punishment, terrorism, restorative justice, and re-entry. Kleinig's discussion is both philosophically acute and grounded in institutional realities, and will enable students to engage productively with the ethical questions which they encounter both now and in the future - whether as criminal justice professionals or as reflective citizens.
This volume provides a clear and compelling introduction to the most controversial moral and legal problems in society. Focusing on ethical and legal decision making, it directs attention to the issues raised by the general public and by students of law, philosophy, justice, and social policy. Some frequently asked questions and examples address basic life and death issues: abortion and infanticide; care of children, at risk because of predatory priests or alternatives to medicine; capital punishment, in general and excluding juveniles and the mentally retarded; right to die, including physician-assisted suicide and euthanasia. Other frequently asked questions and examples address administrative practices: affirmative action, especially in higher education; professional conduct of lawyers, doctors, and educators; sexual conduct, including homosexual behavior and same-sex marriage; privacy, as a personal problem and a Constitutional right. The materials examine many controversies in ethical and legal decision making: where competing moral and ethical values come from; how to balance reason and faith as significant factors; what the role of personal religious, political, and philosophical views is in deciding; which method is of use in interpreting the U.S. and State Constitutions; what factors to use in the confirmation of Justices and others; the importance of stability v. the necessity for change in addressing moral problems; whether legislatures or courts can better solve contemporary problems; the wide variety of views of ethical and legal decision making. The extensive bibliography directs students and the public interested in further material to the important world where ethics and law, morality and public policy interact. This brief and readable book is the first place to look for what most people want to know about law and ethics.
Special issue on the natural law theory of John Finnis, including issues of right-to-die, end of life care, abortion, sexuality. religion, medical ethics.
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.
In TRIAL & ERROR, "Campbell opens to the public a level of lawyering seldom revealed in conventional media: the painstaking process by which attorneys build cases for clients, sometimes against hopeless odds, witness by witness, motion by motion, point by point, always alert for unplanned developments that can win or sink the case." "For poetry readers Campbell captures a wide range of emotion, perspective, and resonance. Each prose poem stretches vivid images across a different thematic loom, weaving disparate threads into a finished story. This is a highly enjoyable ride." from the Forward by Charles M. Sevilla, Esq. Author's proceeds from the sale of TRIAL & ERROR will be donated to the Innocence Project at California Western School of Law, San Diego, California.
Uses techniques from psychological science and legal theory to explore police interrogation in the United States Understanding Police Interrogation provides a single comprehensive source for understanding issues relating to police interrogation and confession. It sheds light on the range of factors that may influence the outcome of the interrogation of a suspect, which ones make it more likely that a person will confess, and which may also inadvertently lead to false confessions. There is a significant psychological component to police interrogations, as interrogators may try to build rapport with the suspect, or trick them into thinking there is evidence against them that does not exist. Also important is the extent to which the interrogator is convinced of the suspect’s guilt, a factor that has clear ramifications for today’s debates over treatment of black suspects and other people of color in the criminal justice system. The volume employs a totality of the circumstances approach, arguing that a number of integrated factors, such as the characteristics of the suspect, the characteristics of the interrogators, interrogation techniques and location, community perceptions of law enforcement, and expectations for jurors and judges, all contribute to the nature of interrogations and the outcomes and perceptions of the criminal justice system. The authors argue that by drawing on this approach we can better explain the likelihood of interrogation outcomes, including true and false confessions, and provide both scholars and practitioners with a greater understanding of best practices going forward.
Journal of the International Natural Law Society, includes articles, book reviews, annotated bibliography.
Find practical answers to hard questions about professional conduct
-- and avoid wrong answers that could set back your firm -- with
this authoritative guide to legal ethics. Drawing on statutes,
standards, and actual cases, the authors show you how to: Evaluate
tactics for possible ethical consequences You'll find concise, authoritative discussion of ethical
problems that arise in such critical areas as: Investigation of
claims
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.
The topic of corporate personhood has captured the attention of many who are concerned about the increasing presence, power, and influence of corporations in modern society. Recent Supreme Court cases like Citizens United, Hobby Lobby, and Masterpiece Cakeshop - which solidified the free speech and religious liberty rights of corporations and their owners - have heightened the controversy over treating corporations as persons under the law. What does it mean to say that the corporation is a person, and why does it matter? In Corporate Personhood, Susanna Kim Ripken addresses these questions and highlights the complexity of the corporate personhood concept. Using a broad, interdisciplinary framework - incorporating law, economics, philosophy, sociology, psychology, organizational theory, political science, and linguistics - this highly original work explores the complex, multidimensional nature of corporate personhood and its implications for corporate rights and duties.
Even lawyers who obey the law often seem to act unethically--interfering with the discovery of truth, subverting justice, and inflicting harm on innocent people. Standard arguments within legal ethics attempt to show why it is permissible to do something as a lawyer that it would be wrong to do as an ordinary person. But in the view of most critics these arguments fail to turn wrongs into rights. Even many lawyers think legal ethics is flawed because it does not accurately describe the considerable moral value of their work. In "Lawyers and Fidelity to Law," Bradley Wendel introduces a new conception of legal ethics that addresses the concerns of lawyers and their critics alike. Wendel proposes an ethics grounded on the political value of law as a collective achievement that settles intractable conflicts, allowing people who disagree profoundly to live together in a peaceful, stable society. Lawyers must be loyal and competent client representatives, Wendel argues, but these obligations must always be exercised within the law that constitutes their own roles and confers rights and duties upon their clients. Lawyers act unethically when they treat the law as an inconvenient obstacle to be worked around and when they twist and distort it to help their clients do what they are not legally entitled to do. "Lawyers and Fidelity to Law" challenges lawyers and their critics to reconsider the nature and value of ethical representation.
Forensic psychologists have consistently relied upon Ethical Practice in Forensic Psychology: A Guide for Mental Health Professionals for expert advice on negotiating ethical dilemmas in forensic contexts, including civil, criminal, and family law cases. This fully-updated second edition presents a practical, systematic decision-making model based on positive ethics that practitioners can use to address conflicting roles and responsibilities, balance competing ethical and legal requirements, and maintain high standards of ethical practice and professional competence. Authors Shane Bush, Mary Connell, and Robert Denney are renowned experts in forensic psychology, including neuropsychological evaluations. They answer complex ethical questions related to third-party requests, collecting and reviewing data from multiples sources, conducting forensic evaluations, and reporting results in written reports and courtroom testimony. They also offer suggestions for addressing potential ethical misconduct by colleagues. Detailed case examples illustrate how to apply this book's ethical decision-making model in realistic scenarios. This second edition examines significant new research, and updates to the APA Ethics Code and other resources that have emerged since the first edition.
This textbook looks at the main ethical questions that confront the criminal justice system - legislature, law enforcement, courts, and corrections - and those who work within that system, especially police officers, prosecutors, defence lawyers, judges, juries, and prison officers. John Kleinig sets the issues in the context of a liberal democratic society and its ethical and legislative underpinnings, and illustrates them with a wide and international range of real-life case studies. Topics covered include discretion, capital punishment, terrorism, restorative justice, and re-entry. Kleinig's discussion is both philosophically acute and grounded in institutional realities, and will enable students to engage productively with the ethical questions which they encounter both now and in the future - whether as criminal justice professionals or as reflective citizens.
Military health care professionals serve in a variety of settings, more diverse than is typically found in the civilian environment. The Military Health System (MHS) is a global, comprehensive, integrated system that includes combat medical services, peacetime health care delivery to Service members and eligible beneficiaries, public health services, medical education and training, and medical research and development. MHS personnel provide a continuum of health services from austere operational environments through remote, fixed military treatment facilities (MTFs), to major tertiary care medical centers distributed across the United States. Military health care professionals are also expected to care for detainees, enemy combatants, nonstate actors, local nationals, and coalition forces. In addition, U.S. military personnel are often deployed to assist in humanitarian missions, such as natural disasters or to provide care to local citizens in combat zones. Directly applying ethical principles from civilian medical ethics may not be appropriate in military medicine. The basic discrepancy between the two settings involves their goals and how these goals can be achieved. This book examines the ethical guidelines, practices, and issues for U.S. military medical professionals. |
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