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The Law and Ethics of Medical Research: International Bioethics and Human Rights 医学研究的法律与伦理:国际生物伦理与人权
Legal Ethics & Professional Responsibility eJournal Pub Date : 2006-03-01 DOI: 10.1111/j.1468-2230.2006.00585_6.x
S. Andrews
{"title":"The Law and Ethics of Medical Research: International Bioethics and Human Rights","authors":"S. Andrews","doi":"10.1111/j.1468-2230.2006.00585_6.x","DOIUrl":"https://doi.org/10.1111/j.1468-2230.2006.00585_6.x","url":null,"abstract":"No abstract available.","PeriodicalId":318823,"journal":{"name":"Legal Ethics & Professional Responsibility eJournal","volume":"13 45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122006754","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Law and Ethics of Restitution 赔偿的法律与伦理
Legal Ethics & Professional Responsibility eJournal Pub Date : 2006-01-01 DOI: 10.1111/j.1468-2230.2006.00579_6.x
James J. Edelman
{"title":"The Law and Ethics of Restitution","authors":"James J. Edelman","doi":"10.1111/j.1468-2230.2006.00579_6.x","DOIUrl":"https://doi.org/10.1111/j.1468-2230.2006.00579_6.x","url":null,"abstract":"No abstract available.","PeriodicalId":318823,"journal":{"name":"Legal Ethics & Professional Responsibility eJournal","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127477239","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 9
Managing Competition in Professional Services and the Burden of Inertia 管理专业服务的竞争和惰性的负担
Legal Ethics & Professional Responsibility eJournal Pub Date : 2005-11-28 DOI: 10.2139/ssrn.859245
Benito Arruñada
{"title":"Managing Competition in Professional Services and the Burden of Inertia","authors":"Benito Arruñada","doi":"10.2139/ssrn.859245","DOIUrl":"https://doi.org/10.2139/ssrn.859245","url":null,"abstract":"Professional services require certain organizational patterns in order to avoid information asymmetries and external effects. These same patterns are used within production structures involving various degrees of monopoly. However, competitive restraints are justified today only when substantial external effects are clearly present, whereas information asymmetries hardly justify such restraints because reputational investments have become widespread in the economy and are relatively efficient in overcoming such asymmetries. As a consequence, innovation in the production of externalities can make competitive constraints unnecessary.","PeriodicalId":318823,"journal":{"name":"Legal Ethics & Professional Responsibility eJournal","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134201989","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 16
Equilibrium Contingent Fees with Heterogeneous Attorneys 均衡或有费用与异质律师
Legal Ethics & Professional Responsibility eJournal Pub Date : 2005-04-01 DOI: 10.2139/ssrn.775166
Rudy Santore
{"title":"Equilibrium Contingent Fees with Heterogeneous Attorneys","authors":"Rudy Santore","doi":"10.2139/ssrn.775166","DOIUrl":"https://doi.org/10.2139/ssrn.775166","url":null,"abstract":"This paper provides a signaling model to analyze the equilibrium fee structures arising when attorneys are heterogeneous with regard to unobservable ability. Unlike fixed fees, contingent fees are more profitable to attorneys who have a greater probability of winning, and thus may serve as an ability signal. It is shown that pooling equilibria are the only equilibria when high-ability attorneys do not have sufficient capacity to serve all consumers. For all pooling equilibria (i) both high- and low-ability attorneys charge the same simple contingent percentage fee, and (ii) the highs operate at capacity while the lows have excess capacity. In some equilibria, positive profits are earned by both types of attorneys despite the excess capacity.","PeriodicalId":318823,"journal":{"name":"Legal Ethics & Professional Responsibility eJournal","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122708943","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
The Judicial Confirmation Process: The Difficulty in Being Smart 司法确认程序:聪明的难点
Legal Ethics & Professional Responsibility eJournal Pub Date : 2005-02-14 DOI: 10.2139/ssrn.664006
J. Lott
{"title":"The Judicial Confirmation Process: The Difficulty in Being Smart","authors":"J. Lott","doi":"10.2139/ssrn.664006","DOIUrl":"https://doi.org/10.2139/ssrn.664006","url":null,"abstract":"Both Republicans and Democrats complain about the difficulty in getting judges confirmed when it is their nominees who are up for confirmation, but there has not been any systematic study of either how much worse this problem has gotten nor what its causes might be. Several patterns do emerge for data from the beginning of Jimmy Carter's administration through the end of George W. Bush's first term. It is taking even longer for confirmation, and the more important the position, the longer confirmation takes. Among the findings, it took almost three times longer for Circuit Court judges to be confirmed under George W. Bush than under his father. The rate of confirmation for Circuit Court judges has also fallen while the confirmation rate for District Court judges has risen. Higher quality judges, measured by their output once they are on the court (e.g., number of citations to their opinions or number of published opinions), take much longer to get confirmed. Evaluated at the mean judicial quality, a one percent increase in judicial quality increases the length of the confirmation process by between 1 and 3 percent. Many of the traditional ex ante measures of judicial quality such as where they went to law school or a nominee's American Bar Association ratings add little if anything to predicting how well they will do on the bench. A one percent increase in polarization in the voting differences between the political parties in the Senate produce between a 3 and 10 percent increase in the length of the confirmation process for Circuit Court judges. Even after accounting for quality differences, Republican Circuit Court nominees also have significantly lower ABA ratings than Democratic nominees and ABA scores don't affect the length of Circuit Court confirmations.","PeriodicalId":318823,"journal":{"name":"Legal Ethics & Professional Responsibility eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-02-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128800424","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 19
Constitutional Legitimacy and Responsibility: Confronting Allegations of Bias after Wewaykum Indian Band v. Canada 宪法合法性与责任:面对Wewaykum印第安部落诉加拿大案后的偏见指控
Legal Ethics & Professional Responsibility eJournal Pub Date : 2004-01-01 DOI: 10.60082/2563-8505.1062
A. Dodek
{"title":"Constitutional Legitimacy and Responsibility: Confronting Allegations of Bias after Wewaykum Indian Band v. Canada","authors":"A. Dodek","doi":"10.60082/2563-8505.1062","DOIUrl":"https://doi.org/10.60082/2563-8505.1062","url":null,"abstract":"This article analyzes the highly unusual situation where an allegation of bias is brought against a Supreme Court justice after a decision is rendered. This happened at the Supreme Court of Canada in 2003 after it had rendered a unanimous decision in the case of Wewaykum Indian Band v. Canada several months earlier. Justice Ian Binnie had written the decision for the Court and he was the subject of the charge of reasonable apprehension of bias due to his limited involvement with the case some 17 years before as a senior official in the Canadian Department of Justice. Ultimately, the other 8 justices dismissed the motion to vacate the original decision. This article argues that Wewaykum is an important constitutional case because it implicates the core constitutional value of judicial impartiality. The article asserts that other parties in the legal system besides the Supreme Court of Canada - the bar, the government and the Court itself, - have a duty to protect the guardians of the Canadian Constitution, i.e. the Supreme Court of Canada.","PeriodicalId":318823,"journal":{"name":"Legal Ethics & Professional Responsibility eJournal","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2004-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134135900","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Aligning the Interests of Lawyers and Clients 协调律师和客户的利益
Legal Ethics & Professional Responsibility eJournal Pub Date : 2001-08-01 DOI: 10.2139/ssrn.281628
A. Polinsky, D. Rubinfeld
{"title":"Aligning the Interests of Lawyers and Clients","authors":"A. Polinsky, D. Rubinfeld","doi":"10.2139/ssrn.281628","DOIUrl":"https://doi.org/10.2139/ssrn.281628","url":null,"abstract":"The potential conflict of interest between lawyers and clients is well known. If a lawyer is paid for his time regardless of the outcome of the case, the lawyer may wish to bring the case even when it is not in the best interest of the client, may spend more hours working on the case than the client would want, and may reject a settlement when the client would be better off if it were accepted. Alternatively, if the lawyer is compensated according to the conventional contingent fee arrangement--under which he is paid a fraction of any trial award or settlement but bears all of the cost of litigation--the lawyer may have an insufficient incentive to bring the case, may spend too little time working on it if it is brought, and may encourage a settlement when the client would be better off going to trial. In this article we propose a method of compensating lawyers that overcomes the conflict of interest between the lawyer and the client. Our system is a variation of the conventional contingent fee system, but, in contrast to that system, we would have the lawyer bear only a fraction of the cost of litigation--the same fraction that the lawyer obtains of the award or settlement. We demonstrate that when the fraction of the cost that the lawyer bears equals the fraction of the award or settlement that he obtains, he will have an incentive to do exactly what a knowledgeable client would want him to do with respect to accepting the case, spending time on the case, and settling the case. Under our modified contingent fee system, a third party would compensate the lawyer for a certain fraction of his costs, in return for which the lawyer would pay that party an up-front fee. In this way, the client would not bear any costs, even if the case were lost, just as under the conventional contingent fee system. Copyright 2003, Oxford University Press.","PeriodicalId":318823,"journal":{"name":"Legal Ethics & Professional Responsibility eJournal","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2001-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117202463","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 103
What Constitutes an Act Discreditable to the Profession? A Philosophical Look at a Practical Ethical Question 什么构成有损专业信誉的行为?从哲学的角度看一个实际的伦理问题
Legal Ethics & Professional Responsibility eJournal Pub Date : 2000-12-20 DOI: 10.2139/SSRN.251474
Robert W. McGee
{"title":"What Constitutes an Act Discreditable to the Profession? A Philosophical Look at a Practical Ethical Question","authors":"Robert W. McGee","doi":"10.2139/SSRN.251474","DOIUrl":"https://doi.org/10.2139/SSRN.251474","url":null,"abstract":"Rule 501 of the AICPA's Code of Professional Conduct prohibits acts that are discreditable to the profession. A few examples are given but the Rule is basically open-ended. Supposedly aimed at protecting the public interest, the Rule can be quite self-serving. Rather than protecting the public, application of the Rule can be used to protect the profession, perhaps at the expense of the general public or at the expense of individual rights. The author suggests that the Rule be repealed.","PeriodicalId":318823,"journal":{"name":"Legal Ethics & Professional Responsibility eJournal","volume":"2013 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2000-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133032142","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Intellectual Property 知识产权
Legal Ethics & Professional Responsibility eJournal Pub Date : 1985-04-01 DOI: 10.2139/ssrn.413001
W. J. Gordon
{"title":"Intellectual Property","authors":"W. J. Gordon","doi":"10.2139/ssrn.413001","DOIUrl":"https://doi.org/10.2139/ssrn.413001","url":null,"abstract":"This chapter for the OXFORD HANDBOOK ON LEGAL STUDIES provides an overview of the theoretical literature in Intellectual Property, and suggests directions for further study. The emphasis is on economic analysis, but effort is made to embrace other perspectives as well.","PeriodicalId":318823,"journal":{"name":"Legal Ethics & Professional Responsibility eJournal","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1985-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129409871","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Heirs of Howe and Hummel 《豪和哈梅尔的继承人
Legal Ethics & Professional Responsibility eJournal Pub Date : 1900-01-01 DOI: 10.2139/SSRN.1540213
M. Park
{"title":"The Heirs of Howe and Hummel","authors":"M. Park","doi":"10.2139/SSRN.1540213","DOIUrl":"https://doi.org/10.2139/SSRN.1540213","url":null,"abstract":"This is a publisher's version of an article published in Victorian Bar News 2004 published by the Victorian Bar. This version is reproduced with permission from Victorian Bar News. http://www.vicbar.com.au/d.2.aspx","PeriodicalId":318823,"journal":{"name":"Legal Ethics & Professional Responsibility eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129900209","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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