How do lawyers resolve ethical dilemmas in the everyday context of their practice? What are the issues that commonly arise, and how do lawyers determine the best ways to resolve them? Until recently, efforts to answer these questions have focused primarily on rules and legal doctrine rather than the real-life situations lawyers face in legal practice. The first book to present empirical research on ethical decision making in a variety of practice contexts, including corporate litigation, securities, immigration, and divorce law, Lawyers in Practice fills a substantial gap in the existing literature. Following an introduction emphasizing the increasing importance of understanding context in the legal profession, contributions focus on ethical dilemmas ranging from relatively narrow ethical issues to broader problems of professionalism, including the prosecutor's obligation to disclose evidence, the management of conflicts of interest, and loyalty to clients and the court. Each chapter details the resolution of a dilemma from the practitioner's point of view that is, in turn, set within a particular community of practice. Timely and practical, this book should be required reading for law students as well as students and scholars of law and society.

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.

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.

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.

Legal and Ethical Issues of Live Streaming explores the potential legal and ethical issues of using live streaming technology, citing that although live streaming has a broadcasting capability, it is not regulated by the Federal Communications Commission, unlike other broadcasting media such as radio or television. Without this regulation, live streaming is opened up for broad use and misuse, including broadcasts of horrifying incidents such as the mass shootings at mosques in Christchurch, New Zealand in 2019, sparking outrage and fear about the technology. Contributors provide a pathway to move forward with ethical and legal use of live streaming by analyzing the wide spectrum of critical issues through the lens of communication, ethics, and law. Scholars of legal studies, ethics, communication, and media studies will find this book particularly useful.

Corporate accountability is never far from the front page, and as one of the world's most elite business schools, Harvard Business School trains many of the future leaders of Fortune 500 companies. But how does HBS formally and informally ensure faculty and students embrace proper business standards? Relying on his first-hand experience as a Harvard Business School faculty member, Michel Anteby takes readers inside HBS in order to draw vivid parallels between the socialization of faculty and of students. In an era when many organizations are focused on principles of responsibility, Harvard Business School has long tried to promote better business standards. Anteby's rich account reveals the surprising role of silence and ambiguity in HBS's process of codifying morals and business values. As Anteby describes, at HBS specifics are often left unspoken; for example, teaching notes given to faculty provide much guidance on how to teach but are largely silent on what to teach. Manufacturing Morals demonstrates how faculty and students are exposed to a system that operates on open-ended directives that require significant decision-making on the part of those involved, with little overt guidance from the hierarchy. Anteby suggests that this model-which tolerates moral complexity-is perhaps one of the few that can adapt and endure over time. Manufacturing Morals is a perceptive must-read for anyone looking for insight into the moral decision-making of today's business leaders and those influenced by and working for them.

Many of the significant developments of our era have resulted from advances in technology, including the design of large-scale systems; advances in medicine, manufacturing, and artificial intelligence; the role of social media in influencing behaviour and toppling governments; and the surge of online transactions that are replacing human face-to-face interactions. These advances have given rise to new kinds of ethical concerns around the uses (and misuses) of technology. This collection of essays by prominent academics and technology leaders covers important ethical questions arising in modern industry, offering guidance on how to approach these dilemmas. Chapters discuss what we can learn from the ethical lapses of #MeToo, Volkswagen, and Cambridge Analytica, and highlight the common need across all applications for sound decision-making and understanding the implications for stakeholders. Technologists and general readers with no formal ethics training and specialists exploring technological applications to the field of ethics will benefit from this overview.

The Law of Solicitors' Liabilities, previously known as Solicitors' Negligence and Liability, provides a comprehensive guide to all aspects of solicitors' negligence, liability in equity and wasted costs. Written by leading practitioners in the field, it deals with a variety of topics, from general principles to specific situations, providing practical guidance to the procedural aspects of bringing and defending a claim for solicitors' negligence. The new fourth edition includes: - A new chapter on insurance law focusing on a number of key topics which arise, particularly in relation to solicitors' insurance: aggregation; condonation; definition of private legal practice; notification; possibly successor practice rules. - Updated case law to cover all recent Supreme Court and Court of Appeal decisions, eg Hughes-Holland v BPE (Supreme Court) scope of duty and extent of damages; Redler v AIB (Supreme Court): breach of trust; Lowick Rose v Swynson (Supreme Court): lifting the corporate veil in claims against professionals; Tiuta International v de Villiers (Court of Appeal): lenders' claims, impact of a remortgage on damages; Wellesley v Withers (Court of Appeal): test for remoteness of damage; and E Surv v Goldsmith Williams (Court of Appeal): implied duty on solicitors in lenders' claims. - Regulatory/disciplinary developments, eg revised SRA Code of Conduct.

This collection explores developments in the regulation of legal services by examining the control of the markets in several key countries and in jurisdictions within countries. The contributions consider emerging adjustments in regulatory structures and methods; examine the continuing role, if any, of professionals and how this may be changing; and speculate on the future of legal services regulation in each jurisdiction. The introductory and concluding chapters draw together similarities, differences and conclusions regarding directions of change in the regulation of legal services. They consider the emergence of alternatives to professionalism as a means of regulating legal services and some implications for the rule of law.

The most controversial foundational issue today in both legal philosophy and constitutional law is the relationship between objective moral norms and the positive law. Is it possible for the state to be morally "neutral" about such matters as marriage, the family, religion, religious liberty, and - as the Supreme Court once famously phrased it - "the meaning of life"? If such neutrality is possible, is it desirable? In this volume of essays one of our country's leading constitutional lawyers answers "no" to both questions. In the first three chapters, Gerard Bradley investigates the central moral justification of punishment, the morality of plea bargaining, and how the criminal justice system should treat the family. These essays reflect both Bradley's decades as a teacher of criminal law as well as his earlier experience as a trial prosecutor in the Manhattan District Attorney's Office. The second triptych of papers has to do with the raging controversy over same-sex "marriage," and the broader movement toward a socially sanctioned orthodoxy about sexual orientation of which the "marriage" movement is one part. These papers reflect the author's years of philosophical work on the marriage question, as well as his more practical experience as a popular debater and expert witness. Finally, Bradley takes up the questions of religious liberty and how our democratic polity should treat religion. These chapters cover the original meaning of the First Amendment's Establishment Clause, the role of Catholicism in the post-World War II controversies over movie censorship as they played out in the Supreme Court, and emerging challenges to religious liberty in the 21st century.

Normative Subjects alludes to the fields of morality and law, as well as to the entities, self and collectivity, addressed by these clusters of norms. The book explores connections between the two. The conception of self that informs this book is the joint product of two multifaceted philosophical strands, the constructivist and the hermeneutical. Various schools of thought view human beings as self creating: by pursuing our goals and promoting our projects, and so while abiding by the various norms that guide us in these endeavors, we also determine human identity. The result is an emphasis on a reciprocal relationship between law and morality on the one side and the composition and boundaries of the self on the other. In what medium does this self creation take place, and who exactly is the "we" engaged in it? The answer suggested by the hermeneutical tradition provides the book with its second main theme. Like plays and novels, human beings are constituted by meaning, and these meanings vary in their level of abstraction. Self creation is a matter of fixing and elaborating these meanings at different levels of abstraction: the individual, the collective, and the universal. A key implication of this picture, explored in the book, is a conception of human dignity as accruing to us qua authors of the values and norms by which we define our selves individually and collectively.