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Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Lea Brilmayer Publisher: Aspen Publishers ISBN: Category : Conflict of laws Languages : en Pages : 1032
Book Description
Updated throughout, this revision of Lea Brilmayers's leading casebook-CONFLICT OF LAWS: Cases and Materials-continues to challenge and enlighten your students with an understandable, balanced, and comprehensive introduction To The complex area of conflicts. The book immerses students in choice-of-law problems-the heart of conflicts-followed by a chapter on the courts' struggles for responsive approaches. Five chapters move on to cover broader topics: constitutional limitations on choice of law, personal jurisdiction, The Erie Doctrine, recognition of judgments, and conflicts in the international context. Well known for her scholarship in conflicts, Brilmayer shows the modern relevance-both theoretical and practical-of conflicts. Wherever possible, she inclues cases involving statute of limitations, corporate regulation, and other important state law issues. Revisions include extensive additions To The chapters on... personal jurisdiction, featuring important new cases, Carnival Cruise Lines v. Shute, Burnham b. Superior Court, and others international litigation, including the new Supreme Court decisions in United States v. Verdugo-Urguidez and Hartford Fire Insurance v. California and a new sample problem focusing on the Robert Maxwell bankruptcy pending in U.S. And British courts. In addition, The chapter on federal/state relations now includes Ferens v. John Deere. And the chapter on the struggle for responsive approaches features a new case on the Restatement (Second) of Conflicts.
Author: Chester A. Crocker Publisher: US Institute of Peace Press ISBN: 9781929223558 Category : Biography & Autobiography Languages : en Pages : 262
Book Description
Some conflicts seem to defy resolution. Marked by longevity, recurrent violence, and militant agendas, these intractable conflicts refuse to be settled either on the battlefield or at the negotiating table. The longer they fester, the stronger the international community's inclination to lose heart and to turn away. But, explain the authors of this provocative volume, effective mediation in intractable conflicts is possible if the mediator knows what to do and when to do it.Written from the mediator's point of view, "Taming Intractable Conflicts" lays out the steps involved in tackling the most stubborn of conflicts. It first puts mediation in a larger context, exploring why mediators choose or decline to become involved, what happens when they get involved for the wrong reasons, and the impact of the mediator's institutional and political environment. It then discusses best mediation tradecraft at different stages: at the beginning of the engagement, when the going gets very rough, during the settlement negotiations, and in the post-settlement implementation stage.Forceful, concise, and highly readable, "Taming Intractable Conflicts" serves not only as a hands on guide for would-be mediators but also as a powerful argument for students of conflict management that intractable conflicts are not beyond the reach of mediation."
Author: Howard Whitton Publisher: Org. for Economic Cooperation & Development ISBN: Category : Business & Economics Languages : en Pages : 120
Book Description
Conflicts of interest in both the public and private sectors have become a major matter of public concern world-wide. The OECD Guidelines define a conflict of interest as occurring when a public official has private-capacity interests which could improperly influence the performance of their official duties and responsibilities. However, identifying a specific conflict of interest in practice can be difficult. And resolving the conflicting interests appropriately in a particular case is something that most people find even more challenging. The Toolkit focuses on specific techniques, resources and strategies for: Identifying, managing and preventing conflict-of-interest situations more effectively; and Increasing integrity in official decision-making, which might be compromised by a conflict of interest. This Toolkit provides non-technical, practical help to enable officials to recognise problematic situations and help them to ensure that integrity and reputation are not compromised. The tools themselves are provided in generic form. They are based on examples of sound conflict-of-interest policy and practice drawn from various OECD member and non-member countries. They have been designed for adaptation to suit countries with different legal and administrative systems. FURTHER READING: Managing Conflict of Interest in the Public Service: OECD Guidelines and Country Experiences
Author: Institute of Medicine Publisher: National Academies Press ISBN: 0309145449 Category : Medical Languages : en Pages : 436
Book Description
Collaborations of physicians and researchers with industry can provide valuable benefits to society, particularly in the translation of basic scientific discoveries to new therapies and products. Recent reports and news stories have, however, documented disturbing examples of relationships and practices that put at risk the integrity of medical research, the objectivity of professional education, the quality of patient care, the soundness of clinical practice guidelines, and the public's trust in medicine. Conflict of Interest in Medical Research, Education, and Practice provides a comprehensive look at conflict of interest in medicine. It offers principles to inform the design of policies to identify, limit, and manage conflicts of interest without damaging constructive collaboration with industry. It calls for both short-term actions and long-term commitments by institutions and individuals, including leaders of academic medical centers, professional societies, patient advocacy groups, government agencies, and drug, device, and pharmaceutical companies. Failure of the medical community to take convincing action on conflicts of interest invites additional legislative or regulatory measures that may be overly broad or unduly burdensome. Conflict of Interest in Medical Research, Education, and Practice makes several recommendations for strengthening conflict of interest policies and curbing relationships that create risks with little benefit. The book will serve as an invaluable resource for individuals and organizations committed to high ethical standards in all realms of medicine.
Author: Paul F. Campos Publisher: Duke University Press ISBN: 9780822318415 Category : Law Languages : en Pages : 292
Book Description
A fundamental critique of American law and legal thought, Against the Law consists of a series of essays written from three different perspectives that coalesce into a deep criticism of contemporary legal culture. Paul F. Campos, Pierre Schlag, and Steven D. Smith challenge the conventional representations of the legal system that are articulated and defended by American legal scholars. Unorthodox, irreverent, and provocative, Against the Law demonstrates that for many in the legal community, law has become a kind of substitute religion--an essentially idolatrous practice composed of systematic self-misrepresentation and self-deception. Linked by a persistent inquiry into the nature and identity of "the law," these essays are informed by the conviction that the conventional representations of law, both in law schools and the courts, cannot be taken at face value--that the law, as commonly conceived, makes no sense. The authors argue that the relentlessly normative prescriptions of American legal thinkers are frequently futile and, indeed, often pernicious. They also argue that the failure to recognize the role that authorship must play in the production of legal thought plagues both the teaching and the practice of American law. Ranging from the institutional to the psychological and metaphysical deficiencies of the American legal system, the depth of criticism offered by Against the Law is unprecedented. In a departure from the nearly universal legitimating and reformist tendencies of American legal thought, this book will be of interest not only to the legal academics under attack in the book, but also to sociologists, historians, and social theorists. More particularly, it will engage all the American lawyers who suspect that there is something very wrong with the nature and direction of their profession, law students who anticipate becoming part of that profession, and those readers concerned with the status of the American legal system.