She concentrates on responses to the 'crisis' that currently confronts the American legal profession and legal education—including the increasing cost of legal services, the threat to lawyer income and the oversupply of law graduates. Rhode regards the response by the American Bar Association (ABA) through its Ethics 20/20 Commission as lacking innovation and achieving only modest reform. Surveying other countries' efforts at opening the provision of some traditional legal services to non-lawyers and outside investment in law practices, (...) she argues that the US 'is likely to lag behind other nations in its capacity to provide cost effective legal services'. She also proposes greater diversity in the options available for legal education. (shrink)

“Among books of similar scope, this is the recognized classic. Those who read this book will have the strange privilege of _thinking things together_ in the law from the beginning of world history to the moment Pound sent his writings to the printer.”—_American Bar Association Journal_.

This collection of original essays by leading and emerging scholars in the field examines the history, conditions, organization, and strategies of pro bono lawyering. Private Lawyers and the Public Interest: The Evolving Role of Pro Bono in the Legal Profession traces the rise and impact of the American Bar Association's campaign to hold lawyers accountable for a commitment to public service and to encourage public service within law schools. Combining empirical legal research with reflections by practitioners and theorists (...) about the meaning and practice of pro bono legal work, this collection of essays interrogates the public service ideals that are inscribed within the legal profession and places these ideals within a broader social, economic, ideological, and normative context. Particular attention is paid to the factors that explain why lawyers engage in pro bono work and the ways in which their views of pro bono are mediated by the institutional context of their legal practice. The book also explores the concept of "public" in public service and compares pro bono as a means of delivering legal services with other mechanisms such as state funding. Collectively, these essays investigate the evolving role of pro bono in the legal profession and in law schools, the relationship between pro bono ideals and pro bono in practice, the way that pro bono is shaped by external forces beyond the individual practitioner, and the multi-faceted nature of legal professionalism as expressed through pro bono practice. (shrink)

Fifty years ago this summer, the Uniform Anatomical Gift Act was adopted by the National Conference of Commissioners on Uniform State Laws and approved by the American Bar Association. The UAGA has provided a sound and stable legal platform on which to base an effective nationwide organ donation system. The cardinal principles of altruism, autonomy, and public trust are still important. At a time when confidence and trust in our government and many private institutions has declined, maintaining trust (...) and confidence in our health care system and its commitment to “first, do no harm” has never been more important. Any policies that override these core ethical principles could cause irreparable damage to the public's faith in our transplant system. While progress has been made to increase organ registration and the number of organs transplanted, much more must be done to realize the potential of life‐saving therapy without jeopardizing ethical principles. (shrink)

The hypothetical social contract between a profession and society exchanges the privilege of self-regulation for the profession's promise to regulate itself in the public interest. When it no longer appears that the profession is exercising its privilege responsibility, there will be pressure to reform the regulation of the market for legal services, for example by allowing non-lawyers to provide legal services, or permitting lawyers to practice in partnerships with non-lawyers. So far the American profession has been relatively successful at (...) resisting reform, and the American Bar Association's Ethics 20/20 Commission wrapped up its business by proposing only a few minor, technical changes to the rules of professional conduct. One way the profession has fended off attempts to enact more comprehensive reforms is by appealing to professional core values. This article presents several claims about professional core values and reform of professional regulation. First, the American profession has not been particularly rigorous in defining a set of core values that appeal to the interests of clients or the public interest and are not merely a rearguard attempt by the profession to protect its monopoly. Second, and related, professional core values are plural in nature and vary in application considerably according to the context. Third, there is no reason that reforms cannot be considered that better serve interests such as access to justice while also respecting core values. Fourth, regulatory form is rather far down the list of threats to professional core values, after forces such as the increasing power of in-house counsel. The conclusion is not that there is no such thing as core values, but that if the profession continues to appeal to them as a rhetorical makeweight, it may find itself overwhelmed by pressures for reform. (shrink)

In long Midwestern winters, two things are certain: snow and basketball. But two things that you cannot count on are snow day school closures and a home-team collegiate basketball championship. In Kansas last winter, we had both. Winter precipitation was much above average, resulting in a rare invocation of the University's inclement weather policy to cancel classes in early February. And the Kansas Jayhawks basketball team brought home the National Collegiate Athletic Association championship trophy for the first time in (...) two decades. The Chancellor commemorated the achievement with a campuswide celebration, including all-day class cancellation. This is all well and good. I am all for respecting Mother Nature's forces and celebrating remarkable athletic accomplishments.But the combination of events does leave law professors nearing the end of the semester in a bit of a quandary. How to make up the cancelled classes to ensure compliance with American Bar Association accreditation instructional hours requirements? How to cover the missed course content? How to find mutually agreeable make-up class times and locations with a group of busy, upper-level law students? (shrink)

The forced marriage of minors is child abuse, consequently duties exist to stop them. Yet over 14 million forced marriages of minors occur annually in developing countries. The American Bar Association concludes that the problem in the US is significant, widespread but largely ignored, and that few US laws protect minors from forced marriages. Although their best chance of rescue often involves visits to health care providers, US providers show little awareness of this growing problem. Strategies discussed to (...) stop forced marriages include recommendations from the UN, the ABA, and the UK. The author anticipates and responds to criticisms that first, no duty to intervene exists without better laws and practice guidelines; and second, that such marriages are not child abuse in traditions where parental rights or familism allegedly justify them. (shrink)

The Council on Ethical and Judicial Affairs of the American Medical Association examines physicians’ professional ethical responsibility in the event that the security of patients’ electronic records is breached.

In the May, 1960, issue of the American Bar Association Journal (vol. 499), Morton Birnbaum, a lawyer and physician, argued for a legal right to psychiatric treatment of the involuntarily committed mentally ill person. In the 18 years since his article appeared,, there have been several key court cases in which this concept of a right to psychiatric treatment has figured prominently and decisively. It is important to note that the language of the decisions have had at least (...) an indirect effect in the recently enacted mental Hygiene Law of the State of New York. While I shall not seek to establish the historical thesis that Birnbaum’s article has been efficacious in bringing about both these court decisions and changes in statutory laws, I do want to examine Birnbaum’s article and some of the opinions for three cases: Wyatt v. Stickney (1972), Wyatt v. Aderholt (1974), and O’Connor v. Donaldson (422 US 563, 1975), in an effort to understand both the significance of these changes in our laws and the underlying philosophical and ethical notions of which they are an expression. Birnbaum observed that the notable feature of the legal situation at the time was that there had not been recognized a constitutional requirement that one who had been institutionalized for mental illness according to due process must receive treatment. Birnbaum argued that the effects of an omission of such a requirement to treat were that mental institutions typically offered only custodial care, that patients who were held only under custodial care typically did not improve, and that the result was that involuntary incarceration in a mental institution was, at least from the point of view of the patient, functionally no different than would be imprisonment for an unspecified period of time. Birnbaum argued for a recognition and enforcement in the courts of the right to treatment “...as a necessary and overdue development of our present concept of due process of law,” i.e., as required by the 14th Amendment to the U.S.. (shrink)

While debate continues over the role of the lawyer in society, this article notes that the recently amended professional conduct rules of both barristers and solicitors and the proposed draft National Law prioritise the duty to the court and the administration of justice. In addition, the Australian Learning and Teaching Council's threshold learning outcomes for legal education corroborate these obligations when they assert that the role of a lawyer includes a professional responsibility to promote justice in service to the community. (...) By referring to Australia's proposed regulatory framework and associated national professional conduct rules, and drawing upon the American Bar Association's Model Rules of Professional Conduct and a body of US literature that refers to lawyers as public citizens, this article will argue that Australian lawyers owe a duty to the public in their everyday dealings with clients. In doing so, this article will refer to some theories of citizenship; and what it means for lawyers, in a practical sense, to act as public citizens. (shrink)

Korey provides a description of the long struggle for ratification of the Genocide Convention, detailing decades of work by a committee of fifty-two nongovernmental organizations lobbying the Senate and the American Bar Association, the treaty's key opponent.

In long Midwestern winters, two things are certain: snow and basketball. But two things that you cannot count on are snow day school closures and a home-team collegiate basketball championship. In Kansas last winter, we had both. Winter precipitation was much above average, resulting in a rare invocation of the University's inclement weather policy to cancel classes in early February. And the Kansas Jayhawks basketball team brought home the National Collegiate Athletic Association championship trophy for the first time in (...) two decades. The Chancellor commemorated the achievement with a campuswide celebration, including all-day class cancellation. This is all well and good. I am all for respecting Mother Nature's forces and celebrating remarkable athletic accomplishments.But the combination of events does leave law professors nearing the end of the semester in a bit of a quandary. How to make up the cancelled classes to ensure compliance with American Bar Association accreditation instructional hours requirements? How to cover the missed course content? How to find mutually agreeable make-up class times and locations with a group of busy, upper-level law students? (shrink)

The public forum has been connected to the functioning of democracy, expressive freedom, and the media's role in society. While the public forum's legal contours have been examined, the ethical foundation of the public forum has not. Relying on archival research, this article argues that ideas about the public forum can be traced to the pragmatism of Grenville Clark, who influenced ideas about the public forum through his work on the American Bar Association's Bill of Rights Committee.

Laacke et al. argue that an extended concept of patient autonomy—Health-Related Digital Autonomy —is required to address the autonomy-related ethical challenges associated with the pot...

*The views expressed are the author's own. This article should not be construed as representing policies of the American Medical Association.

In lieu of an abstract, here is a brief excerpt of the content:Fitness, Fatness, and Aesthetic Judgments of the Female Body:What the AMA Decision to Medicalize Obesity means for other Non–Normal Female BodiesSara R. Jordan“I’ll be happy to refer you to our dietician to get you on a program to help you get your weight under control before it becomes a problem”.As my new physician spun around out of the examination room door, my head spun faster. I had heard the (...) phrase “get your weight under control” twice that morning, but the contexts in which the phrase was uttered could not have been more different.At 7:30 a.m., my fitness trainer was imploring me to get my weights under control as I struggled under a bar, laden with slightly less than my body weight, to do a final set of front squats. At 11:15 a.m., my new general practitioner was imploring me to get my weight under control, by which he meant to learn how to reduce my body mass index (BMI) to match the chart prominently displayed on his office wall. The exhortation to get my weight under control meant such radically different things in these two contexts that it was difficult to comprehend the meaning of the phrase.I am 5’4” and 158 pounds. This gives me a BMI of 27.3, which means that I am considered overweight; right in the middle of the category of overweight. Or, according to the definition of the BMI found on the calculator pinned to the National Heart Lung and Blood Institutes (NHLBI) webpage, I am over fat. If the BMI is, “a measure of body fat based on height and weight that applies to adult men and women” then I carry a health–threatening percentage of body fat. If my fitness trainer, with his 12 point skin–fold caliper test is correct, my body fat percentage of 17% is within the limits expected of female (non–endurance) athletes. In terms of health, then, I am a paradox: according to one standard, I am healthy and fit, according to another, I am unhealthy and fat.As this new physician picked apart my weight, suggesting I should lose between 15 and 20 pounds to bring myself to “full health”, I found myself quite annoyed. He was a small, rail thin, man with greying hair, tired eyes, unpressed khakis, and a beaten pair of black–ish grey “Crocs” on his feet. He looked disheveled and as if he had not seen the inside of a weights room in his life. As I listened to him address my history, current vitals, and how being overweight in my 30s could lead to being [End Page 101] “fat and 40”, I looked him over and made a snap judgment of “I could bench (press) you [right out this window]”. While I was angry with his delivery, I tried to remind myself that he was an overworked physician in a multi–lingual office, trying to operate under a new paradigm in healthcare policy, practice, and diagnostic categories. Specifically, prompted by the medicalization of the condition of obesity by the American Medical Association, my physician was reflecting the professional wisdom that I suffer from a condition needing preventive treatment. He was trying to be a good practitioner to recommend preventive treatment, but to me, he was being a terrible physician.The AMA Declares Obesity a DiseaseThe declaration by the American Medical Association in 2013 that the condition of being obese is one that requires medical treatment is one that I, on the face of it, support. By inviting the medicalization of the condition, the AMA opens the door for individuals who wage a deeply personal battle with their weight to find support in their physicians’ offices and from their insurance companies. Yet, the blunt tools that are used to assess these conditions raise my ire, emotionally and intellectually.Intellectually, the use of the BMI calculator for snap diagnosis of all individuals makes easy sense. It is an easily comprehended tool and, for a normally distributed population, such a simple tool is an excellent choice. But, it stands to treat outliers like me poorly. Outliers, such as particularly fit... (shrink)

*Disclaimer: The views expressed are the author's and should not be ascribed to the American Medical Association.

Yehoshua Bar-Hillel (1915-1975) was one of the leading intellectuals of Israel and of the world. His work ranged over mathematics, applied logic, communication theory, analytic philosophy, philosophy of science, and linguistics. Creative, patient, attentive, and critical, Bar-Hillel was a superb philosopher. In addition, how humane he was may be learned from the memorial tributes to him which initiate this volume. Bar-Hillel was born in Vienna, and came to Israel, then Palestine, in 1933. He took his M. A. (1938) and Ph. (...) D. (1949) at the Hebrew University of Jerusalem, where his subsequent career continued, as Research Fellow (1949-53), Senior Lecturer in Philosophy (1953-58), Associate Professor of Philosophy (1958-61), and Professor of Logic and Philosophy of Sci ence (1961-75). He was often abroad as visiting professor (Berkeley, 1960- 61; Michigan, 1965; La Jolla, 1966-67; Konstanz, 1971; Berlin, 1972), or as a research scholar, notably at the M. lT. Research Laboratory for Elec tronics during the early 1950's. Bar-Hillel was the Secretary and guiding spirit of the Organizing Committee for the 3rd International Congress for Logic, Methodology and Philosophy of Science, held in Jerusalem in 1964. During 1966-68, he was President of the Division of Logic, Method ology and Philosophy of SCience of the International Union of History and Philosophy of Science, and in 1967 President of the International Union. From 1963 he was a Member of the Israel Academy of Sciences and Humanities. (shrink)

In this paper, I argue that the Alt-Right needs to be taken seriously by the liberal establishment, the general public, and leftist cultural elites for five main reasons: 1) its ‘right-wing Gramscianism’ borrows from the French New Right and the French and pan-European Identitarian movement. This means that it is engaged in the continuation of a larger Euro-American metapolitical struggle to change hearts and minds on issues related to white nationalism, anti-Semitism, and racialism; 2) it is indebted to the (...) metapolitical evolution of sectors of the violent neo-Nazi and earlier white nationalist movements in the USA; 3) this metapolitical orientation uses the mass media, the internet, and social media in general to reach and influence the masses of Americans; 4) the ‘cultural war’ means that the Alt-Right’s spokesman Richard Spencer, French ND leader Alain de Benoist, and other intellectuals see themselves as a type of Leninist vanguard on the radical right, which borrows from left-wing authors such as Antonio Gramsci and their positions in order to win the metapolitical struggle against ‘dominant’ liberal and left-wing political and cultural elites; and 5) this ‘cultural war’ is intellectually and philosophically sophisticated because it understands the crucial role of culture in destabilizing liberal society and makes use of important philosophers such as Friedrich Nietzsche, Carl Schmitt, Julius Evola and others in order to give credence to its revolutionary, racialist, and anti-liberal ideals. (shrink)

After offering a characterization of what unites versions of ‘expressivism’, we highlight a number of dimensions along which expressivist views should be distinguished. We then separate four theses often associated with expressivism – a positive expressivist thesis, a positive constitutivist thesis, a negative ontological thesis, and a negative semantic thesis – and describe how traditional expressivists have attempted to incorporate them. We argue that expressivism in its traditional form may be fatally flawed, but that expressivists nonetheless have the resources for (...) preserving what is essential to their view. These resources comprise a re‐configuring of expressivism, the result of which is the view we call ‘neo‐expressivism’. After illustrating how the neo‐expressivist model works in the case of avowals and ethical claims, we explain how it avoids the problems of traditional expressivism. (shrink)

I address here the question what sense to make of the idea that there can be thought prior to language. I begin by juxtaposing two familiar and influential philosophical views, one associated with the work of Paul Grice, the other associated with the work of Donald Davidson. Grice and Davidson share a broad, rationalist perspective on language and thought, but they endorse conflicting theses on the relation between them. Whereas, for Grice, thought of an especially complex sort is a precondition (...) of linguistic meaning, for Davidson, there can be no genuine thought without language. I argue that both views present us with unpalatable alternatives concerning our understanding of the natural origins of objective thought and meaningful language. Drawing on what I take to be key insights from Grice and Davidson, I then lay out some broad desiderata for an intermediate position. I finally turn to a certain form of nonlinguistic communication of the sort of which both prelinguistic children and languageless animals are capable, viz., expressive communication. I propose that a proper appreciation of the character and function of expressive communication can help us trace the outlines of the desired intermediate position. (shrink)

Given a weakly o-minimal structure${\cal M}$and its o-minimal completion$\bar{{\cal M}}$, we first associate to$\bar{{\cal M}}$a canonical language and then prove thatTh$\left$determines$Th\left$. We then investigate the theory of the pair$\left$in the spirit of the theory of dense pairs of o-minimal structures, and prove, among other results, that it is near model complete, and every definable open subset of${\bar{M}^n}$is already definable in$\bar{{\cal M}}$.We give an example of a weakly o-minimal structure interpreting$\bar{{\cal M}}$and show that it is not elementarily equivalent to any reduct (...) of an o-minimal trace. (shrink)

The European Union's interest in developing rules concerning maritime law and liabilities has gained momentum, particularly after the Erika disaster in 1999. The development of EU maritime law has taken place on an incremental basis and to a large extent it is closely associated with various EU institutions' knee‐jerk reaction to pollution disasters within EU waters, prompted, no doubt, by the extensive media coverage of public outrage following such oil spills. This chapter considers several relevant EU directives and regulations devised (...) particularly since the mid‐2000s, with a view to evaluating the effectiveness of these measures in achieving a uniform marine legal regime within the European Union in harmony with the international law. A new trend within the European Union is to incorporate provisions of international conventions into the EU legal order by duplicating them in EU directives and regulations. (shrink)

A path scheme for a game is composed of a path, i.e., a sequence of coalitions that is formed during the coalition formation process and a scheme, i.e., a payoff vector for each coalition in the path. A path scheme is called population monotonic if a player’s payoff does not decrease as the path coalition grows. In this study, we focus on Shapley path schemes of simple games in which for every path coalition the Shapley value of the associated subgame (...) provides the allocation at hand. Obviously, each Shapley path scheme of a game is population monotonic if and only if the Shapley allocation scheme of the game is population monotonic in the sense of Sprumont (Games Econ Behav 2:378–394, 1990). We prove that a simple game allows for population monotonic Shapley path schemes if and only if the game is balanced. Moreover, the Shapley path scheme of a specific path is population monotonic if and only if the first winning coalition that is formed along the path contains every minimal winning coalition. We also show that each Shapley path scheme of a simple game is population monotonic if and only if the set of veto players of the game is a winning coalition. Extensions of these results to other efficient probabilistic values are discussed. (shrink)

Consistent with numerous electrophysiological studies, we recently reported that conscious perception is associated with a widely distributed modulation of the P3 component . We also showed that correct objective performance in the absence of subjective awareness is associated with a spatially more restricted modulation of the P3. The relatively late occurrence of the P3 along with lack of control for post-perceptual processes suggests that this component might reflect processes related to stimulus evaluation or confidence rather than to visual awareness or (...) objective performance. The main aim of the current study was to test this hypothesis. While EEG was recorded, participants performed a forced-choice localization task and reported their subjective perception of the target on a 3-level scale that also indexed their confidence. The results showed that our previous findings are replicated when confidence is controlled for. (shrink)