15,089 results on '"LEGAL ethics"'
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2. Organ Donation by the Imminently Dead: Addressing the Organ Shortage and the Dead Donor Rule.
- Author
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Chen, Sarah, Sade, Robert M, and Entwistle, John W
- Subjects
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PROOF & certification of death , *TRANSPLANTATION of organs, tissues, etc. , *LEGAL ethics , *ORGAN donation , *SCARCITY - Abstract
The dead donor rule (DDR) has facilitated the saving of hundreds of thousands of lives. Recent advances in heart donation, however, have exposed how DDR has limited donation of all organs. We propose advancing the moment in the dying process at which death can be determined to increase substantially the supply of organs for transplantation. We justify this approach by identifying certain flaws in the Uniform Determination of Death Act and proposing a modification of that law that permits earlier procurement of healthier organs in greater numbers. [ABSTRACT FROM AUTHOR]
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- 2024
- Full Text
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3. ¿Tienen Derechos los Algoritmos?
- Author
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González Arencibia, Mario, Ordoñez Erazo, Hugo Armando, and González-Sanabria, Juan-Sebastián
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LEGAL documents ,LEGAL ethics ,SOCIAL & economic rights ,SOCIAL impact ,CIVIL rights ,INTERNET privacy ,DATA privacy - Abstract
Copyright of Revista Praxis & Saber is the property of Universidad Pedagogica y Tecnologica de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
4. Lawful, but not Really: The Dual Character of the Concept of Law.
- Author
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Flanagan, Brian and de Almeida, Guilherme
- Subjects
LEGAL ethics ,LEGAL judgments ,STATUTES ,INVESTIGATIONS ,LEGAL procedure - Abstract
Disagreement on law's relationship to morality has long been driven by disagreement about our ordinary concept. Until recently, however, there had been no systematic investigation of lay intuitions. In this paper, we advance this nascent effort. Across two studies (N = 697), our findings reveal that most people consider law to be more than a matter of political circumstance alone. Contrary to the expectations of most contemporary philosophers, morality (both substantive and procedural) emerges as a key influence on judgments of legal validity: many people say that conduct prohibited by immoral statutes is not truly illegal, and that immoral conduct which was never explicitly prohibited is truly illegal. This suggests that people often treat law as a dual character concept that, like the concepts of scientist or of artist, features autonomous concrete and abstract dimensions. [ABSTRACT FROM AUTHOR]
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- 2024
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- View/download PDF
5. Timing and monitoring of financial disclosures in publications: A cross-institutional assessment of financial conflict of interest reports.
- Author
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Dugan, Caley D., Lee, Lisa M., and Jandreau, Cristen B.
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RESEARCH integrity ,RESEARCH ethics ,LEGAL ethics ,FINANCIAL disclosure ,CONFLICT of interests - Abstract
A consistent mitigation strategy used in sponsored research to manage a financial conflict of interest (FCOI) is disclosure in publications. While federal funding regulations require mitigation strategies to be monitored through the end of the project's term, manuscripts are often published after the project term has ended. We examined whether it would be valuable to extend monitoring of publications for compliance with requirements for disclosure beyond the end date of a project's term and, if so, for how long after the term has ended. Using publicly available databases, we identified FCOI reports from public universities and analyzed disclosure completion in the years before and after the end of the project's term. We found that 80.2% of FCOI reports in our sample had a publication in which a conflicted Investigator served as an author, yet less than half (43.6%) of these publications contained disclosure statements acknowledging the known FCOI. We also found that publication most commonly occurred one year after the end of the project's term. These findings indicate that an effective way to support accountability and accuracy of the scientific record would be to extend monitoring of disclosure in publications through one year following the end of the project's term. [ABSTRACT FROM AUTHOR]
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- 2024
- Full Text
- View/download PDF
6. Improving contraceptive care for minors in Israel: practice, policy, and training gaps among OBGYNs.
- Author
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Peled-Raz, Maya and Goldstick, Orly
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PARENTING ,LEGAL ethics ,LEGISLATIVE reform ,RIGHT to health ,MEDICAL personnel - Abstract
Background: Sexually active adolescents sometimes seek contraceptives without parental consent, posing challenges due to minors' confidentiality and consent regulations. This is especially the case under the un-nuanced Israeli legal scheme regarding adolescents' care. Methods: Israeli OBGYNs were contacted through mailing lists and social media groups and asked to fill an online questionnaire regarding their experience and protocols concerning prescription of contraceptives to minors. They were also asked about their comprehension of the relevant legal obligations, the importance they ascribe to different ethical interests and considerations, as well as their training. Results: Of the 177 responding gynecologists, 132 (74.58%) consulted minors about contraceptives during the past year, regardless of a vast lack of training on providing care to minors. More than a third of respondents believed that there is no legal requirement to involve parents in the process, and only 8% assumed a legal obligation for parental involvement in all minors under the age of 18. Three quarters would "almost always" prescribe contraceptives without parental knowledge, if requested, while 20% never would. No correlation was found between respondents' practices and their perception of the relevant legal obligations. Participants agreed that the risk to the health of the minor as a result of having sex without contraceptives is of utmost importance. Yet, those willing to prescribe gave greater weight to this consideration, while those who do not prescribe were more concerned with the legal ramifications of such an act. The majority identified the age of 15 as the threshold for consistently prescribing contraceptives to minors without parental involvement. Conclusion: This study highlights the significant gaps in both the legal framework and the training of Israeli OBGYNs, and further supports confidential prescription of contraceptives to minors 15 years and older, via Article 6 of the Israeli Legal Competence and Guardianship Law. Legislative reform, professional guidelines and education and training programs are all needed to ensure consistent and legally sound practices, that safeguard the health and rights of minors. It is imperative to guide healthcare providers, including OBGYNs prescribing contraceptives to minors, on managing the care of minors refusing parental involvement, clarifying the legal framework and ethical considerations involved. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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7. The DELAD initiative for sharing language resources on speech disorders.
- Author
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Lee, Alice, Bessell, Nicola, van den Heuvel, Henk, Klessa, Katarzyna, and Saalasti, Satu
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SPEECH disorders , *SPEECH-language pathology , *INFORMATION sharing , *LEGAL ethics , *OPEN scholarship , *SHARING - Abstract
Sharing research data between researchers is becoming a requirement for open science in the field of clinical phonetics and speech and language pathology. An initiative entitled DELAD was started in 2015 to provide researchers a platform to discuss ongoing technical, legal and ethics issues related to sharing recordings of speech disorders, and to assist them in archiving their data for sharing with colleagues in the field. The ultimate goal of data sharing is to enhance research and teaching in the area of speech disorders. This paper first presents DELAD and its history and previous accomplishments. Then the recent work achieved by the DELAD steering group in providing information or recommendations in three areas are discussed: (1) speech annotation and automatic annotation mining, (2) consent and data storage, and (3) a role-play activity for learning data protection assessment. DELAD is an active community and researchers who share similar interests are welcome to join the (ad)venture. [ABSTRACT FROM AUTHOR]
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- 2024
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8. DISCIPLINARY.
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LAWYERS , *CENSURE , *CRIMINAL convictions , *LEGAL ethics - Published
- 2024
9. Moral or Lawful? When Legal Constraints Reverse the Motivational Benefits of Moral Considerations.
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Kundro, Timothy G., Croitoru, Natalie, and Helgason, Beth Anne
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MORAL foundations theory ,EMPLOYEE benefits ,INTRINSIC motivation ,LEGAL ethics ,REGULATED industries - Abstract
Nearly every employee is subject to some form of legal requirement as a function of their work. Laws are often implemented by authorities to ensure that employees and organizations engage in ethical and moral conduct at work. Importantly, acting in a moral manner is linked to benefits for employees, increasing intrinsic motivation that facilitates high levels of proactive behavior. Yet, employees increasingly face situations where laws or regulations conflict with what they perceive as morally appropriate (i.e., legal constraints on moral behavior), which we argue instead have negative consequences for employees. Combining insights from the literature on motivation and moral foundations theory, we propose that when employees face legal constraints on moral behavior, they feel less intrinsically motivated, leading them to engage in less proactive behavior. We further predict that legal constraints are less damaging when employees perceive them as necessary versus unnecessary evils. We test our model across three complementary studies: a field study of employees from a company in a heavily regulated industry and two preregistered experiments. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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10. A Study of the Legal Ethics in Scott's The Heart of Midlothian.
- Author
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Wu Di
- Abstract
Walter Scott, renowned for his profound legal expertise, intricately weaves deep ethical considerations into his novel The Heart of Midlothian. Legal ethics in this work manifests through two interwoven narratives. Firstly, the clash between grassroots public sentiment and royal authority is epitomized in the "Porteous Riots," offering a profound examination of legal injustice following the union of England and Scotland. Secondly, the unfair conviction of Effie Deans underscores the ethical complexities inherent in the conflict between "love" and "law," placing the protagonist, Jenny Deans, a paragon of idealism, at the heart of the struggle between familial loyalty and legal justice. Through the characters' ethical dilemmas in navigating the tensions between personal relationships and judicial fairness, Scott highlights the idea of legal ethics and the pursuit of justice in the face of moral and legal conflicts. [ABSTRACT FROM AUTHOR]
- Published
- 2024
11. Importance of Professional Responsibility.
- Author
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Cavin, C. J.
- Subjects
LEGAL professions ,CHAIRMAN of the board ,PROFESSIONAL employee training ,CONTRACTS ,LEGAL ethics ,PROFESSIONAL ethics - Abstract
The article discusses the importance of professional responsibility in the parliamentarian profession. It highlights the renewed interest in this topic due to the adoption of the revised Joint Code of Professional Responsibility and the renewal requirements for parliamentary credentials. The article explains that professional responsibility goes beyond a code and encompasses how parliamentarians conduct themselves. It also discusses the criteria for earning continuing education units in professional responsibility and provides hypothetical scenarios to illustrate the application of the code. The author, C. J. Cavin, is a licensed attorney and credentialed parliamentarian with extensive experience in the field. [Extracted from the article]
- Published
- 2024
12. On making mistakes as a Solicitor
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Wan, Bobbie and Griswold, Valerie
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- 2024
13. Legal and Ethics Considerations in Capacity Evaluation for Medical Aid in Dying.
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Appel, Jacob M.
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LEGAL ethics ,CAPACITY (Law) ,MEDICAL ethics ,BIOETHICS ,CERTAINTY - Abstract
Evaluating decisional capacity for patients seeking medical aid in dying (MAID) raises challenging legal, logistical, and ethics questions. The existing literature on the subject has been shaped largely by early disagreements over whether effective capacity assessment for such patients is ever possible, which in turn stemmed from debates over the ethics of MAID itself. In attempting to establish meaningful criteria for assessments, many jurisdictions have sought either to apply or to adapt models of capacity evaluation designed for other forms of medical decision-making, such as the widely used "four skills" model, failing to account for the fundamental differences in kind between these other decisions and MAID. This article seeks to reexamine these questions with a focus on two logistical matters (the appropriate credentialing for the evaluator and the potential liability of the evaluator) and three clinical matters (level of understanding, clinical scrutiny and certainty, and impairment) in an effort to raise legal and ethics concerns that remain unresolved, even as MAID is permitted in an increasing number of jurisdictions. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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14. Ensuring fairness and transparency in sports through compliance to legal principles and ethical standards.
- Author
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H. B., Gusliana, Ardiyanto, Syaifullah Yophi, Nurkadri, Novita, Widiyanto, Wahyu Eko, Setyawan, Hendra, Putro, Baskoro Nugroho, Harmanto, Darmawan, Arief, and Radulovic, Nikola
- Subjects
SPORTS & technology ,ETHICAL problems ,LEGAL ethics ,SPORTS sciences ,TECHNOLOGICAL progress ,INTEGRITY ,SPORTS ethics - Abstract
Copyright of Retos: Nuevas Perspectivas de Educación Física, Deporte y Recreación is the property of Federacion Espanola de Asociaciones de Docentes de Educacion Fisica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
15. Russian Law-Making (on the Example of the Federal Executive Authority): Ethical Aspect
- Author
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K. S. Litovko
- Subjects
legal technique ,lawmaking ,legal awareness ,constitutional law ,ethics ,legal ethics ,bioethics ,legal culture ,Law - Abstract
The purpose of the work was to analyze the modern process of law-making in Russia on the example of the federal executive authority, taking into account ethical aspects. To achieve this goal, general philosophical methods and the formal legal method were used. The paper presented current theoretical views on law-making, as well as described the procedure of law-making in the federal executive authority. Ethical contradictions and problems existing in this procedure were considered. The general trends in the development of the law-making process in Russia were also indicated and conclusions were drawn about the need to take into account ethical approaches when improving the law-making procedure.
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- 2024
- Full Text
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16. Artificial intelligence's impact on hospitality and tourism marketing: exploring key themes and addressing challenges.
- Author
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Bulchand-Gidumal, Jacques, William Secin, Eduardo, O'Connor, Peter, and Buhalis, Dimitrios
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ARTIFICIAL intelligence ,TOURISM impact ,MASS customization ,TOURISM marketing ,LEGAL ethics ,HOTEL marketing ,SERVICE design - Abstract
Understanding how Artificial Intelligence (AI) impacts organizational functions supports stakeholders to prepare accordingly and profit from these developments. Adopting a grounded theory approach, this study uses three interlinked stages (in-depth interviews, focus groups and a questionnaire-based survey) to explore the impact of AI on the marketing function of hotels. The results identify ten trends related to AI's contribution to hotel marketing, clustered in four themes. AI reengineers internal processes and procedures by enabling data and content as catalysts of competitiveness; empowering the augmented worker and performing mass personalization and customization. AI also impacts relationships with stakeholders by determining return on investment; improving sustainability; and governing legal aspects and ethics regarding data use. AI supports networks to which the organizations belong by concentrating and integrating organizations and transforming distribution models. AI transforms customer processes and services by engaging smart and predictive customer care and by employing predictive and augmented product and service design. The study illustrates the changes that AI will likely bring to hospitality and tourism marketing, developing a research agenda and raising discussion points for academic and industry practitioners respectively. [ABSTRACT FROM AUTHOR]
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- 2024
- Full Text
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17. PROGRESSIVE CONSTITUTIONALISM AND ITS LIBERTARIAN DISCONTENTS: THE CASE OF LGBTQ RIGHTS.
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BALL, CARLOS A.
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CONSTITUTIONALISM , *LGBTQ+ rights , *DISTRIBUTIVE justice , *EQUALITY , *LEGAL ethics - Abstract
This Article, based on the 2023 Childress Memorial Lecture given at the Saint Louis University School of Law, argues that libertarian political morality and constitutionalism constitute double-edged swords for progressives. On the one hand, libertarian principles have helped advance some progressive objectives inside and outside of the courts, including several related to LGBTQ rights. On the other hand, libertarian understandings of the Constitution have undermined a wide array of other progressive distributive and egalitarian objectives. In promoting a generalized skepticism of state action, a progressive constitutionalism that embraces (or fails to question) the libertarian ethos of limited government and exclusively negative rights to liberty might help protect against some of the worst forms of state coercion, but does little to help build a progressive society constructed around distributive justice and the attainment of egalitarian objectives. This Article argues that if progressives want to successfully harness the power of the state to redistribute resources in ways that make our society more fair and egalitarian as a means of permitting everyone—regardless of class, race, ethnicity, gender, sexual orientation, or disability—to flourish, then we need to purposefully and systematically explore how to make sure that, in pursuing particular political or legal objectives, including those related to LGBTQ rights, we do not unintentionally strengthen the libertarian ethos that so powerfully stands in the way of the attainment of distributive and egalitarian objectives in the U.S. This Article urges LGBTQ rights proponents to articulate and defend moral and constitutional frameworks that are not grounded in a libertarian ethos characterized by atomistic understandings of the self and exclusively negative conceptions of liberty that fail to impose affirmative obligations on the government to create the necessary social and economic conditions that are essential for everyone, and not just the wealthy and powerful, to exercise meaningful liberty and attain meaningful equality. [ABSTRACT FROM AUTHOR]
- Published
- 2024
18. Building Public Confidence in the Judiciary through Judicial Conduct Commissions.
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CONDUCT of court proceedings , *PUBLIC trust doctrine , *JUDICIAL ethics , *JUDICIAL immunity , *LEGAL ethics , *JUDICIAL independence , *PUBLIC support - Abstract
The article focuses on the role of judicial conduct commissions (JCCs) in maintaining public trust in the judiciary. Topics include the historical development of judicial ethics standards, the dual mission of JCCs to investigate misconduct while respecting judicial independence, and the need for proper resources and training to enhance the effectiveness of these commissions.
- Published
- 2024
19. Enforcing the Code, Restoring Confidence in the Supreme Court.
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JUDICIAL ethics , *LEGAL ethics , *JUDICIAL impartiality - Abstract
The article focuses on the Supreme Court's response to calls for a binding Code of Conduct. Topics include the American Bar Association's Resolution 400 urging for a binding code, legislative efforts such as the SCEA and SCERT bills to enforce ethical standards, and the Supreme Court's adoption of a Code of Conduct without enforcement mechanisms.
- Published
- 2024
20. Judicial Ethics: Why Rules Matter, and Why the Reasons for the Rules Matter Even More.
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JUDICIAL ethics , *LEGAL ethics , *JUDICIAL impartiality , *PUBLIC trust doctrine - Abstract
The article focuses on the recent adoption of a formal Code of Conduct by the U.S. Supreme Court, highlighting its significance despite being less robust than other judicial frameworks. Topics include the need for specific and transparent ethical standards, the challenges of defining and addressing the appearance of impropriety, and the importance of aspirational goals in maintaining public trust and judicial integrity.
- Published
- 2024
21. A Dash of Hortatory Guidance with a Pinch of Public Outcry: A Brief History of the Development of a Code of Conduct That Protects Judicial Independence, Impartiality, and Integrity.
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JUDICIAL ethics , *JUDICIAL independence , *JUDICIAL impartiality , *LEGAL ethics - Abstract
The article focuses on the evolution of judicial conduct codes in the United States, aimed at ensuring judicial independence and integrity. Topics include the historical origins of the judicial ethics codes in response to public scandals, the major revisions of these codes over time, and the recent adoption of a new ethics code by the Supreme Court of the United States to address modern concerns.
- Published
- 2024
22. Lawyer Discipline and Disability.
- Subjects
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LABOR discipline , *LAWYERS , *EMPLOYEE suspensions , *PROFESSIONAL ethics , *LEGAL ethics , *PRACTICE of law - Abstract
The article presents disciplinary report summaries pursuant to Rule 11-521(a)(11) of the Rules of Discipline Disability and Sanctions of the Utah Supreme Court's Office of Professional Conduct. These include suspension of the license of Gregory V. Stewart to practice law, suspension of Brent Blanchard for violations relating to diligence, communication and fairness to opposing party and counsel, and resignation with discipline pending of Joseph E. Wrona for misconduct.
- Published
- 2024
23. From Competence to Excellence: How Utah's Law Schools Are Training Tomorrow's AI-Savvy Lawyers.
- Author
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Hafen, Nick
- Subjects
- *
ARTIFICIAL intelligence , *LAWYERS , *LAW schools , *PROFESSIONAL ethics , *CONTINUING education , *LEGAL ethics - Abstract
The article takes a look into how law schools in Utah are training artificial intelligence (AI)-savvy lawyers by focusing on competence and excellence. It discusses the ethical imperative to understand generative AI and describes the proactive approach of Utah to AI education. Strategies for lawyers embracing AI include immersion in continuing learning education, compliance with rules of professional conduct in their jurisdictions, and following internal policies set by law firms or companies.
- Published
- 2024
24. A MESTERSÉGES INTELLIGENCIA STANISŁAW LEM ÉLETMŰVÉBEN.
- Author
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Lajos, SZABÓ
- Subjects
ARTIFICIAL intelligence ,CYBERNETICS ,TWENTY-first century ,LEGAL ethics ,PRODUCTIVE life span - Abstract
Copyright of Safety & Security Sciences Review / Biztonságtudományi Szemle is the property of Obuda University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
25. 师德失范行为惩处权的法律规制.
- Author
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姚 荣
- Subjects
LEGAL ethics ,TEACHER qualifications ,POWER (Social sciences) ,CRIMINAL law ,PUNISHMENT (Psychology) ,PROFESSIONAL ethics of teachers - Abstract
Copyright of Journal of Soochow University Educational Science Edition is the property of Soochow University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
26. Non-Judicial Recusals in Rhode Island: Empirical Evidence and Suggestions for Reform.
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Cheit, Ross E. and Lang-Maso, Rose
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JUDICIAL recusal ,CONFLICT of interests ,MUNICIPAL officials & employees ,STATUTORY interpretation ,DUE process of law ,LEGAL ethics - Published
- 2024
27. Role of Legal Education in Advancement of Access to Justice: A Panormic Insight.
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Sharma, Daksha and Kumari, Smriti
- Subjects
LEGAL education ,LEGAL ethics ,LAW schools ,SOCIAL justice ,INCLUSIVE education - Abstract
The Indian legal system is founded on the principles of justice, liberty, equality, fraternity, unity and integrity. It highlights the ethical values related to fairness, reasonability, rationality, transparency and accountability, which ensure access to justice as well as ease to justice. The glaring foundations of our legal education are based on the famous adage 'Yatho Dharma, thatho Jayaha', which means that where there is righteousness, there will be victory. The idea of justice is a part of our cultural and historical context. Legal education can be a significant tool for achieving a just and equitable society. It is the foundation for creating skilled, socially and morally responsible lawyers, who are prepared to fight for the cause of justice. Quality legal education provides tremendous potential to enhance access to justice by focusing on ethical principles, social justice and imparting practical skills, a transdisciplinary approach and technical competency to the students. In India, modern clinical legal education started with the five-year integrated law programme which gained popularity in the early twenty-first century. Although the primary objective of starting clinical legal education was to impart practical industry-oriented training to law students, now the recent trend also suggests the inclusion of legal aid programmes and specialized professional training with the directives of the courts to achieve access to justice. The legal aid clinics of prominent law universities, colleges and schools are playing a pivotal role in helping the underserved and marginalized section of society to have access to justice by way of legal aid programmes, awareness workshops and paralegal training. This article will explore the intricate relationship between legal education and societal access to justice and will shed light on the role that a law school ought to play in advancing access to justice. It will also explore several ways in which legal education supports the development of an inclusive, egalitarian, dynamic, progressive, peaceful and just society. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
28. Limitations of the Use of Social Media in Notary Positions Reviewed from the Notary Code of Ethics.
- Author
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Anugrah, Josias and Selenggang, Chairunnisa Said
- Subjects
SOCIAL media ,DIGITAL technology ,LEGAL ethics ,MASS media ethics ,CODES of ethics ,RESEARCH ethics - Abstract
The use of social media as a platform for notaries to publicize their work is increasingly rampant in today's digital era. However, there are several limitations that need to be considered, and many notaries are deemed to have violated the code of ethics and applicable legal regulations. This research aims to identify the limitations in the use of social media for notaries and the legal consequences if notaries promote themselves on social media. The research method used is doctrinal research with a normative juridical approach, involving an analysis of laws and regulations, the notary code of ethics, and related case studies. The results of the study indicate that the activities of using social media for notaries have restrictions, such as the prohibition on publishing or promoting themselves by listing their positions. Violations of these limitations can result in moral sanctions or legal sanctions. These findings have important implications for notary practices and regulatory enforcement in the digital era. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
29. ROBOT LAWYERS DON’T HAVE DISCIPLINARY HEARINGS-REAL LAWYERS DO: THE ETHICAL RISKS AND RESPONSES IN USING GENERATIVE ARTIFICIAL INTELLIGENCE.
- Author
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Browning, John G.
- Subjects
LEGAL ethics ,ATTORNEY malpractice ,ARTIFICIAL intelligence ,LEGAL professions ,MALPRACTICE - Abstract
In the summer of 2023, the misuse of ChatGPT by two New York attorneys who filed briefs citing fabricated cases made national headlines. This cautionary tale quickly had company, as incidents of other lawyers whose use of artificial intelligence (AI) went horribly wrong filtered in from around the country, including incidents in Texas, Georgia, Colorado, and California. But it was not just errant legal research that was to blame: the cases involved everything from a faulty criminal habeas brief to flawed, mass-generated eviction pleadings by a landlord’s law firm to a high-profile white collar criminal case, in which the convicted defendant blamed his lawyer’s use of generative AI in writing his closing argument. This Article, and its accompanying presentation, begins by discussing these cases as a way of illuminating the multiple areas of ethical risk presented by the use of generative AI. From breaches of the duty of technology competence and the duty of confidentiality, to the duties of supervision and use of independent professional judgment, a lawyer’s use of generative AI can implicate multiple dimensions of ethical concern. Part of the problem, as this Article discusses, is that use of AI tools has spread at a faster pace than lawyers’ grasp of the risks involved with the technology. For example, in the recent Wolters Kluwer Future Ready Lawyer Report, while seventy-four percent of attorneys surveyed expect generative AI to be integrated into their practices within the next year, a significantly lower percentage of lawyers actually understand AI tools. This Article then looks at the responses of stakeholders in the legal profession to generative AI. For example, multiple state and national bar associations have appointed taskforces to study AI and make recommendations regarding its use. In addition, in states like Florida and California, ethics bodies have issued advisory opinions or recommendations on regulating use of AI, tackling such unanswered questions as whether a lawyer must obtain the client’s informed consent in order to use generative AI in the client’s representation. Attorneys are also having to confront AI policies adopted by various law firms and the legal malpractice carriers that insure them. A final response considered by this Article analyzes the extent to which measures such as these disclosure policies are a proportional reaction to the examples of lawyer misuse of generative AI, or whether they are an overreaction-a “solution in search of a problem.” With the landscape of potentially reportable generative AI applications constantly expanding to include most search engines and word-processing applications, one must ask the question: can the traditionally risk averse, technologically backward legal profession adapt? This Article, and its accompanying presentation, hopes to address this and other questions posed by attorney use of generative AI. [ABSTRACT FROM AUTHOR]
- Published
- 2024
30. "STILL BROKEN": ALASKA RULE OF PROFESSIONAL CONDUCT 8.4(F) AND (G)'S INSUFFICIENT RESPONSE TO WORKPLACE HARASSMENT BY LAWYERS.
- Author
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TURNER, SAM
- Subjects
- *
PROFESSIONAL ethics , *HARASSMENT , *LEGAL ethics , *LAWYERS - Abstract
A report by Women Lawyers On Guard, entitled "Still Broken," reported the results of a 2019 survey about sexual harassment and misconduct in the legal profession. It concluded that issues relating to sexual harassment and misconduct in the legal profession had not improved in the past thirty years. This Article looks at the Alaska Rules of Professional Conduct's rule regarding harassment and discrimination by lawyers and argues that the rule does not sufficiently address workplace harassment by lawyers. Alaska Rule of Professional Conduct 8.4(f), enacted in 2021, prohibits harassment or invidious discrimination by a lawyer "in the lawyer's dealings with the lawyers, paralegals, and others working for that lawyer or for that lawyer's firm" only if "the lawyer's conduct results in a final agency or judicial determination of employment misconduct or discrimination." But the nature of employment discrimination law and harassment in the legal profession means that very few instances of workplace harassment will result in formal findings by an agency or court. The Article therefore recommends Alaska Rule of Professional Conduct 8.4(f) be amended to prohibit harassment or invidious discrimination "in the lawyer's dealings with the lawyers, paralegals, and others working for that lawyer or for that lawyer's firm"--subject to normal bar disciplinary proceedings and without any requirement of findings from an outside agency or a court. The Article also recommends adding a comment to the rule stating that firms, or at least large firms, should have and regularly disseminate an anti-harassment policy. [ABSTRACT FROM AUTHOR]
- Published
- 2024
31. Ethics Governance of AI for the Legal Sector: Building Up a Holistic Policy Approach.
- Author
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B. Unver, Mehmet and Roddeck, Lezel
- Subjects
ARTIFICIAL intelligence ,FAIRNESS ,LAWYERS ,LEGAL ethics ,DISCRIMINATION (Sociology) - Abstract
Artificial Intelligence (AI), while transforming legal practice, presents various ethical challenges concerning transparency, fairness and accountability. These challenges span the entire AI lifecycle, from design and development to deployment and usage, affecting the day-to-day operations of legal technologies. When using AI, lawyers are subject to the professional conduct duties and ethical responsibilities, widely known as 'legal ethics'. On the other hand, 'AI ethics' emerges as a response to AI-related challenges arising from the AI lifecycle, providing a suite of principles, rules and mechanisms focused on how to create and implement AI, including for legal sector. This article explores how such ethical challenges affecting legal practice, ie biases, hallucinations, discriminatory or misleading outcomes, should be addressed from the perspective of AI ethics and legal ethics, to build up a governance approach responsive to the issues and concerns across the AI lifecycle. To that end, status quo, revised legal ethics rules and multistakeholder collaboration are examined as the selected policy options representing readily available and implementable means for the legal sector. Among these, emphasis is placed on 'multistakeholder collaboration' as it lays the ground for a holistic governance model that can effectively address the ethical challenges. By promoting a collaborative, bottom-up and adaptive structure, this model holds potential to foster robust and sustainable interactions among representatives of both AI ethics and legal ethics. It can thereby create a broader ethical discourse along with sustainable governance mechanisms addressing the complex ethical issues associated with AI in the legal sector. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
32. FACTORS INFLUENCING THE APPLICATION OF THE CODE OF NURSING ETHICS AT INDONESIA.
- Author
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Kartini, Yanis, Faizah, Imamatul, Rohmawati, Riska, Noventi, Iis, and Ainiyah, Nur
- Subjects
CODES of ethics ,NURSING ethics ,ETHICS ,WORK environment ,MEDICAL malpractice ,DECISION making ,LEGAL ethics - Abstract
Copyright of Environmental & Social Management Journal / Revista de Gestão Social e Ambiental is the property of Environmental & Social Management Journal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
33. MEASURING THE CRITERIA FOR NOTARY ACCOUNTABILITY IN THE USE OF ONLINE MEDIA AS A MEANS OF NOTARY PROMOTION IN INDONESIA.
- Author
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Hidayat, Rahmat, Suwadi, Pujiyono, and Solikhah
- Subjects
DIGITAL technology ,NOTARIES ,LEGAL certainty ,LEGAL ethics ,PROFESSIONAL ethics ,CODES of ethics ,MASS media ,LEGAL norms - Abstract
Copyright of Environmental & Social Management Journal / Revista de Gestão Social e Ambiental is the property of Environmental & Social Management Journal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
34. Cross-border data sharing through the lens of research ethics committee members in sub-Saharan Africa.
- Author
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Cengiz, Nezerith, Kabanda, Siti M., and Moodley, Keymanthri
- Subjects
- *
DIGITAL technology , *INFORMATION sharing , *RESEARCH ethics , *ETHICS committees , *LEGAL ethics , *DATA protection laws - Abstract
Background: Several factors thwart successful data sharing—ambiguous or fragmented regulatory landscapes, conflicting institutional/researcher interests and varying levels of data science-related expertise are among these. Traditional ethics oversight mechanisms and practices may not be well placed to guarantee adequate research oversight given the unique challenges presented by digital technologies and artificial intelligence (AI). Data-intensive research has raised new, contextual ethics and legal challenges that are particularly relevant in an African research setting. Yet, no empirical research has been conducted to explore these challenges. Materials and methods: We explored REC members' views and experiences on data sharing by conducting 20 semi-structured interviews online between June 2022 and February 2023. Using purposive sampling and snowballing, we recruited representatives across sub-Saharan Africa (SSA). We transcribed verbatim and thematically analysed the data with Atlas.ti V22. Results: Three dominant themes were identified: (i) experiences in reviewing data sharing protocols, (ii) perceptions of data transfer tools and (iii) ethical, legal and social challenges of data sharing. Several sub-themes emerged as: (i.a) frequency of and approaches used in reviewing data sharing protocols, (i.b) practical/technical challenges, (i.c) training, (ii.a) ideal structure of data transfer tools, (ii.b) key elements of data transfer tools, (ii.c) implementation level, (ii.d) key stakeholders in developing and reviewing a data transfer agreement (DTA), (iii.a) confidentiality and anonymity, (iii.b) consent, (iii.c) regulatory frameworks, and (iii.d) stigmatisation and discrimination. Conclusions: Our results indicated variability in REC members' perceptions, suboptimal awareness of the existence of data protection laws and a unanimously expressed need for REC member training. To promote efficient data sharing within and across SSA, guidelines that incorporate ethical, legal and social elements need to be developed in consultation with relevant stakeholders and field experts, along with the training accreditation of REC members in the review of data-intensive protocols. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
35. Lawyer Discipline -- A Roadmap to Florida's Lawyer Regulation System.
- Author
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Burgoon, Brian D.
- Subjects
- *
LAWYERS , *LEGAL ethics , *PROFESSIONAL ethics , *PRACTICE of law , *BAR associations - Abstract
The article addresses the significance of lawyer discipline to the practice of law and lawyer regulation system in Florida. Topics include the roles of the Florida Bar in investigating and prosecuting lawyers who are alleged to have violated the rules of professional conduct, an overview of the significant changes made by the Florida Supreme Court to the Bar rules applicable to lawyer discipline in the state between January 2021 and March 2024, and the purposes of the lawyer discipline system.
- Published
- 2024
36. THE PROSECUTOR-ORIENTED EXCLUSIONARY RULE.
- Author
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RUBINSTEIN, GUY
- Subjects
- *
PROSECUTORS , *SCHOLARS , *JURISDICTION , *LEGAL ethics , *POLITICAL science - Abstract
The exclusionary rule has long been misunderstood. Scholars and judges perceive it as addressing police officers, warning them that evidence obtained in an unconstitutional search or seizure may be inadmissible in court. But officers typically care little about the ultimate conviction of suspects (as opposed to their arrest) and are therefore minimally deterred by possible suppression of evidence. Even when officers want to prevent suppression, they often do not know the complicated search and seizure rules and do not receive adequate training about them. This Article argues that the exclusionary rule's deterrent benefits can be better appreciated and realized when understanding the rule as directed primarily to prosecutors, not to police officers. As prosecutor-oriented, the rule promotes lawful policing indirectly, by stimulating prosecutors to proactively encourage local police to adhere to the law. Unlike police officers, prosecutors do fear for the fate of their criminal cases and are therefore motivated to prevent police wrongdoing that could jeopardize them. Prosecutors are also experts on the rules governing searches and seizures in their jurisdiction and know best how to avoid triggering the exclusionary rule. Finally, prosecutors can (and do) positively influence police behavior, despite their lack of formal authority over them. Although many prosecutors around the country have employed various methods to promote lawful policing, others have remained passive. To realize the full deterrent potential of the prosecutororiented exclusionary rule, this Article proposes a three-pronged approach consisting of measures grounded in doctrine, politics, and legal ethics. [ABSTRACT FROM AUTHOR]
- Published
- 2024
37. Are Career Prosecutors Going the Way of the Dinosaur? Challenging Days for Ministers of Justice in the 21st Century.
- Author
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Naugle, Brian D.
- Subjects
PRACTICE of law ,LEGAL ethics ,PROSECUTORS ,PROFESSIONALISM ,INTEGRITY ,LAW enforcement - Abstract
In the article, the author discusses the performance of law enforcement personnel in the U.S. in the 21st century, particularly the prosecutors and police officers. Also cited are the alleged deterioration of the personnel's professionalism, integrity and honesty, the worsening public image of prosecutors and police officers, and the author's experiences as a county prosecutor in Idaho.
- Published
- 2024
38. ПРАВОВА ПОВЕДІНКА ТА ІДЕНТИЧНІСТЬ ЛЮДИНИ В ДИСКУСІЙНІЙ ПАРАДИГМІ ФІЛОСОФІЇ ПРАВА.
- Author
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І., Жаровська
- Abstract
This article analyzes the peculiarities of the reflection of a person’s legal behavior in the light of various philosophical and legal scientific discourses. In general, the analysis of a person’s legal behavior in the debatable paradigm of the philosophy of law in the context of studying the problem of establishing legal cooperation illuminates the deep aspects of the interaction between the individual and the legal system. Philosophical concepts help to consider this topic on a metaphysical level, revealing the fundamental principles and moral aspects of legal behavior. It was established that the primary springboard for considering behavior in the context of legal reality is its consideration through the ideological paradigm of human rights, since the concept recognizes the inalienability and inalienability of the rights of each person, justifying their fundamentality due to the presence of dignity inherent to each person. The main idea is that these rights are not only legal norms, but also a key element that forms personal dignity and freedom and express the personal identity of a person, and in evaluating human behavior, the role of the state and society in ensuring and protecting rights as an unconditional axiological determinants It is proved that a valid paradigm of reflection is the need to analyze behavior in the prism of a social contract, since the mutual agreement of people involves the exchange of a part of individual freedom for common order and security, ensured by the adoption of rules and obligations, which forms the basis for the creation of the state and the legal order. Thus, a person’s behavior is evaluated for its compliance with established rules and the ability to interact with other members of society in peace and mutual understanding. It is motivated that the philosophical analysis of ethical-philosophical concepts in the context of human behavior defines two key areas - deontology and consequentology. Deontology, focusing on duties and rules, determines the morality of actions regardless of their consequences, indicating the obligation of ethical norms, and consequentology focuses on the consequences of actions as the main criterion for their moral evaluation, emphasizing the importance of positive results. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
39. 'Under pressure'?: Section 39 of the legal profession uniform law and the federal commissioner of taxation
- Author
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Teo, Eu-Jin
- Published
- 2022
40. Lawyer as a Painter? On Perspectives of Artistic Metaphors in Legal Ethics
- Author
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Skuczyński, Paweł, Marusek, Sarah, Series Editor, Wagner, Anne, Series Editor, Aroso Linhares, José Manuel, Advisory Editor, Backer, Larry Catá, Advisory Editor, Bankov, Kristian, Advisory Editor, Bhatia, Vijay, Advisory Editor, Biber, Katherine, Advisory Editor, Branco, Patrícia, Advisory Editor, Brigham, John, Advisory Editor, Broekman, Jan, Advisory Editor, Condello, Angela, Advisory Editor, Cramer, Renee Ann, Advisory Editor, Danesi, Marcel, Advisory Editor, Dudek, Michał, Advisory Editor, Featherstone, Mark, Advisory Editor, Franca-Filho, Marcilio Toscano, Advisory Editor, Hauksson-Tresch, Nathalie, Advisory Editor, Hu, Lung-Lung, Advisory Editor, Könczöl, Miklós, Advisory Editor, Lam, Anita, Advisory Editor, Leone, Massimo, Advisory Editor, Mangiapane, Francesco, Advisory Editor, Matulewska, Aleksandra, Advisory Editor, Neuwirth, Rostam J., Advisory Editor, Peters, Timothy D., Advisory Editor, Philippopoulos-Mihalopoulos, Andreas, Advisory Editor, Powell, Richard, Advisory Editor, Ricca, Mario, Advisory Editor, Shaw, Julia J. A., Advisory Editor, Sherwin, Richard K., Advisory Editor, Stępień, Mateusz, Advisory Editor, Tranter, Kieran Mark, Advisory Editor, Vanegas, Farid Samir Benavides, Advisory Editor, Vecellio Segate, Riccardo, Advisory Editor, Voinot, Denis, Advisory Editor, Youping, Xu, Advisory Editor, Zeidler, Kamil, editor, and Kamień, Joanna, editor
- Published
- 2024
- Full Text
- View/download PDF
41. Professional independence - can you spot when yours is at risk?
- Author
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Beashel, Annette
- Published
- 2022
42. A beginner's guide to academic integrity and legal referencing using the AGLC
- Author
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Mackay, Anita and Ojelabi, Lola Akin
- Published
- 2022
43. Research on sexual assault to inform the courts and legal professionals
- Author
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Cashmore, Judy and Shackel, Rita
- Published
- 2022
44. Commissioner of taxation's access powers
- Author
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Grieve, Stewart, Bertram, Kathryn, and Haines, Alison
- Published
- 2022
45. Hancock Whitney chief legal officer Phillips to retire
- Subjects
Corporate governance ,Business ethics ,Legal ethics ,Business ,News, opinion and commentary - Abstract
Hancock Whitney Senior Executive Vice President and Chief Legal Officer Joy Lambert Phillips recently announced she will retire from the company on September 6, 2024. 'Joy Phillips has been invaluable [...]
- Published
- 2024
46. “NORMAL”.
- Author
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KATNER, DAVID R.
- Subjects
ATTORNEY & client ,LAWYERS ,LEGAL ethics ,LAW schools - Published
- 2024
47. Navigating Ethical Concerns for Lawyers Using AI.
- Author
-
LANGHAM, PAMELA
- Subjects
LEGAL ethics ,LAWYERS ,ARTIFICIAL intelligence ,LEGAL services - Abstract
The article explores the ethical concerns to be considered by lawyers in Maryland before using artificial intelligence (AI) for legal services or legal administration. It discusses rules in the state that encompass the use of AI, such as the Maryland Attorneys' Rules of Professional Conduct Rule 30.1, Rule 301.6 and Rule 307.1. It tackles the benefits of the use AI to lawyers.
- Published
- 2024
48. The Lawyers' Social Contract: The Ethical Ties That Bind the Legal Profession.
- Author
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MCCABE JR., MICHAEL E.
- Subjects
LEGAL professions ,LEGAL ethics ,COURTS ,LAWYERS - Abstract
The article examines the evolution and importance of the ethical "social contract" within the legal profession, tracing its development from the early informal standards to the formalized ethical codes and duties that govern modern lawyers' conduct. It discusses the historical context of legal ethics, the establishment of professional codes such as the American Bar Association's Model Rules, and the crucial duties lawyers owe to clients, courts, and opposing parties.
- Published
- 2024
49. Antigones of contemporary theatre: Capturing problems of today's civil disobedience in a theatre play
- Author
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Gozdecka, Dorota Anna
- Published
- 2021
50. Theatre and the law: A dramaturgical analysis of 'Comcare v PVYW'
- Author
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Roberts, Ryan
- Published
- 2021
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