ABSTRACTA lawyer's behaviour derives from their own principles and values, the norms of professionalism, the professional conduct rules and the common law. In the past, much emphasis has been placed upon the first two sources as they formed the basis of self-regulation and influenced the development of legal ethics. Recently, the Australian codes of ethics explicitly detail an increasing range of duties which might reasonably have been thought to be implicit characteristics of sound ethical values and professionalism, for example, a (...) duty to be civil, and an explicit prohibition against harassment, intimidation and bullying. Such additions have been deemed necessary as a response to increasing concerns about lawyer incivility and empirical reports detailing high levels of harassment, intimidation and bullying within law firms. We suggest that the expansion of duties in the codes raises intriguing and troubling questions: Does the expansion of duties in the codes suggest that lawyers, as a group, need rules... (shrink)

Understand the fundamental principles of lawyering and how to apply them to professional conductEthics and Legal Professionalism in Australia introduces students to the ethics and professional responsibilities that they will encounter in practice. It outlines the concepts, rules and conflicts relating to legal ethics in addition to exploring the ambiguous ethical aspects associated with being a lawyer. The text offers a thematic approach, with each chapter focusing on one theme and how it relates to lawyers' professional obligations. It aims to (...) encourage the development of students' 'moral compass', guiding them on how they might address ethical dilemmas and difficult situations before they are faced with these in reality.This third edition retains the original focus and principles of the previous editions but has been thoroughly updated to address the considerable changes to the legal profession and the environment.NEW TO THIS EDITIONUpdated to reflect rapid technological advances and ongoing globalisation processesStronger focus on health and wellbeing, addressing the mental health issues amongst lawyersMore case studies included throughoutSignificant updates to chapters:2: The Framework of Lawyering - updated to include the application of Uniform Law in Western Australia5: Loyalty to the Client - References to Lawyer X (Nicola Gobbo) case - Gobbo, while representing a number of significant criminal identities, also acted as a police informant providing information that contributed to the arrest and conviction of those clients6: Confidentiality - More detail relating to the Lawyer X case, and a discussion of the case of Collaery. The case is ongoing at the time of writing. It concerns the Commonwealth Government's action in seizing documents from an Australian lawyer representing Timor-Leste. Documents seized included a brief relating to a then current action against the Australian Government before the International Court of Justice7: Competence - more detail added on a lawyer's competence as to understanding and using technology, detailed discussion of mental health issues raised in misconduct proceedings and updated to include the relationship of wellbeing to competence9: Service and Access to Justice - updated to include more on seeking to define access to justice and identifying types of vulnerability. (shrink)

Over recent years, lawyer misconduct and regulation of the profession have been topics of considerable interest. Yet, when the topic of legal ethics is raised, the focus tends to be on lawyer conduct external to the firm: lawyer conduct in court; lawyer conduct vis-a-vis client; or lawyer conduct vis-a-vis opposing counsel or the judiciary. The recent National Attrition and Re-engagement Study, however, raises a different aspect of legal professional ethics. This Report found a widespread incidence of bullying, intimidation, discrimination and (...) harassment within law firms, primarily affecting though not confined to, female lawyers. Of course, bullying and associated behaviours are not confined to the legal profession. But these behaviours are at odds with a profession that purports to be deeply concerned with the ethical conduct of its members. Arguing that ‘ethics begins at home’, this paper suggests NARS raises uncomfortable questions about legal professional ethics: if law firms cannot treat their own staff members ethically, what does that say about the firm’s approach to ethical conduct more generally? And if this culture is as widespread as the report suggests, what does this say about the ethics of the legal profession as a whole? (shrink)

ABSTRACTSince 2004 in Australia, there has been a significant amount of interest in the issues of lawyers and mental illness. As a result there is now a substantial body of literature that examines...

ABSTRACTCivility has long been considered a core value of lawyering. For some time, concern has been expressed in the literature about the loss of civility in the legal profession, and regulators and professional associations have sought to foster civility and to discourage, and in some cases, penalise, incivility. In particular, instances of incivility or discourteousness are increasingly linked to questions of misconduct. However, the notion of ‘civility’ is itself, often contentious, and the line between ‘robust' communication and incivility is unclear.Does (...) civility matter? If so, when will lawyer advocacy on behalf of the client, or their strongly worded criticisms of an opponent's actions, become the subject of claims of unethical behaviour?Arguing that civility is important, this article will analyse relevant case law from Australia, the United Kingdom, the United States, Canada and New Zealand, in order to better understand contemporary conceptions of civility and to draw out principles currently b.. (shrink)

Issues management (IM) is becoming widely accepted in the business-and-society literature as a policy tool to enhance the social performance of corporations. Its acceptance is based on the presumption that firms have incorporated ethical norms into their decision-making process. This paper argues that IM is simply a technique to identify, analyze, and respond to social issues. It can be used either to improve or forestall corporate social performance. Different values will steer IM practitioners in different policy directions.If IM is to (...) be more than a social gadget, designed to promote the firm's narrow economic objectives, it must be self-consciously grounded in ethics. Stakeholder analysis and the comprehensive corporate ethic are concepts that can help forge links between ethics and the administrative process, between values and decision-making in IM. (shrink)

Evidence points to nurses as possessing particular skills which are important for public health leadership; in particular, investigators have found that a nurse public health director is strongly associated with positive health department performance. To better understand this association and to guide the effective deployment of nurse leaders, researchers sought to explore the specific leadership strategies used by nurse public health directors, using a critical thematic analysis approach to examine these leadership strategies in the context of certain ideologies, power differentials, (...) and social hierarchies. Data were collected via semistructured interviews conducted from July to September 2020 with 13 nurse public health directors from across the United States. Major themes illustrate a distinct picture of the nursing approach to public health leadership: (a) approaching their work with an other-focused lens, (b) applying theoretical knowledge, (c) navigating the political side of their role, and (d) leveraging their nursing identity. Findings articulate the nurse public health director's distinctive combination of skills which reflect the interprofessional nature of public health nursing practice. Such skills demonstrate a specialized approach that may set nurse leaders apart from other types of leaders in carrying out significant public health work. (shrink)

Lack of specificity around stakeholder identity remains a serious obstacle to the further development of stakeholder theory andits adoption in actual practice by business managers. Nowhere is this shortcoming more evident than in stakeholder theory’s treatment of the constituency known as “community.”In this paper we attempt to set forth what we call “the Problem of Community” as indicative of the definitional problems of stakeholdertheory. We then begin the process of gaining greater specificity around our notions of community and the role (...) of community in stakeholder theory and management. In doing so, we identify the emergence of two fairly new forms of community that we believe are particularly relevant to the stakeholder theorist and practicing manager. These two new variants of community—the virtual advocacy group and the community of practice—extend the notion of community in new directions, which have strikingly different implications for stakeholder theory and practice. (shrink)

The complete sequencing of the genome of the fruit fly Drosophila melanogaster offers the prospect of detailed functional analysis of the extensive gene families in this genetic model organism. Comprehensive functional analysis of family members is facilitated by access to a robust, stable and inducible expression system in a fly cell line. Here we show how the Schneider S2 cell line, derived from the Drosophila embryo, provides such an expression system, with the bonus that radioligand binding studies, second messenger assays, (...) ion imaging, patch‐clamp electrophysiology and gene silencing can readily be applied. Drosophila is also ideal for the study of new control strategies for insect pests since the receptors and ion channels that many new animal health drugs and crop protection chemicals target can be expressed in this cell line. In addition, many useful orthologues of human disease genes are emerging from the Drosophila genome and the study of their functions and interactions is another area for postgenome applications of S2 cell lines. BioEssays 24:1066–1073, 2002. © 2002 Wiley‐Periodicals, Inc. (shrink)

Institutional ethics committees (IECs) are part of a growing phenomenon in the American health care system. Although a major force driving hospitals to establish IECs is the desire to resolve difficult clinical dilemmas in a quick and systematic way, in this paper we argue that such a goal is naive and, to some extent, misguided. We assess the growing trend of these committees, analyse the theoretical assumptions underlying their establishment, and evaluate their strengths and shortcomings. We show how the 'medical (...) consultation' model is often inappropriately applied to IECs and suggest that IECs must operate under a different framework. Finally, we argue that IECs should be valued for the process they facilitate, and not for the product that they are, often unreasonably, expected to deliver. (shrink)

Gender dysphoria (GD) is marked by an incongruence between a person’s biological sex at birth, and their felt gender (or gender identity). There is continuing debate regarding the benefits and drawbacks of physiological treatment of GD in children, a pathway, beginning with endocrine treatment to suppress puberty. Currently, the main alternative to physiological treatment consists of the so-called “wait-and-see” approach, which often includes counseling or other psychotherapeutic treatment. In this paper, we argue in favor of a “third pathway” for the (...) diagnosis and treatment of GD in youths. To make our case, we draw on a recent development in bioethics: the phenomenological approach. Scholars such as Slatman and Svenaeus have argued that the extent to which the body can (or should be) manipulated or reconstructed through medical intervention is not only determined by consideration of ethical frameworks and social and legal norms. Rather, we must also take account of patients’ personal experience of their body, the personal and social values associated with it, and their understanding of its situation in their life: their narrative identities. We apply this phenomenological approach to medicine and nursing to the diagnosis and treatment of GD in youth. In particular, we discuss Zahavi and Martiny’s conception of the phenomenological interview, in order to show that narrative techniques can assist in the process of gender identification and in the treatment of youth presenting with GD. We focus on two case studies that highlight the relevance of a narrative-based interview in relations between patients, HCPs, and family, to expose the influence of social ideologies on how young people presenting with GD experience their bodies and gender. (shrink)

The effectiveness of information retrieval technology in electronic discovery (E-discovery) has become the subject of judicial rulings and practitioner controversy. The scale and nature of E-discovery tasks, however, has pushed traditional information retrieval evaluation approaches to their limits. This paper reviews the legal and operational context of E-discovery and the approaches to evaluating search technology that have evolved in the research community. It then describes a multi-year effort carried out as part of the Text Retrieval Conference to develop evaluation methods (...) for responsive review tasks in E-discovery. This work has led to new approaches to measuring effectiveness in both batch and interactive frameworks, large data sets, and some surprising results for the recall and precision of Boolean and statistical information retrieval methods. The paper concludes by offering some thoughts about future research in both the legal and technical communities toward the goal of reliable, effective use of information retrieval in E-discovery. (shrink)

Surrogacy and adoption are both family-making measures subject to extensive domestic and international regulation. In this nationally representative survey study (N = 1552), we explore public attitudes to various forms of surrogacy and adoption in the United Kingdom, in response to an early proposal to allow “double donor” surrogacy as part of the ongoing legal reform project. We sought to both gauge public moral support for adoption and surrogacy generally, the effect that prospective parents’ fertility had on this support, and (...) the extent to which the public would find equivalencies between “double donor” surrogacy (DDS) and planned private adoption (PPA) to be morally significant. Our findings indicate that whilst there is broad baseline support for all forms of adoption and surrogacy, this support increases significantly when one or both prospective parents are infertile. These findings also suggest that the language in which a family-making arrangement is characterized has a greater influence on moral support for the arrangement than practical features such as the biological relationship (or absence thereof) between one/both parents and the child. (shrink)

The publication of the Fraser Institute's Discrimination, Affirmative Action, and Equal Opportunity offers an occasion to review some of the practical and philosophical issues raised by affirmative action policy. Canadian affirmative action programs derive from the American context, which is here reviewed, but do not have the legal recourse available in the American system. Perhaps as a consequence, most Canadian programs have been carried out by governments acting in their role as employers. The Canadian Union of Public Employees has been (...) especially active in developing union perspectives on affirmative action programs, which do raise special concerns for organized labour. Affirmative action raises several basic questions: the importance of proportionality, merit, compensation and role models in determining who is entitled to opportunities in our society. Differences between the Fraser Institute's attitude about affirmative action and attitudes of other social groups, such as the labour movement, lie in their very different assumptions about what constitutes a free society. (shrink)

This paper presents the development andvalidation of new measurement tools to exploreself-efficacy toward service and toward civicparticipation. We developed and administereda survey to 851 students in an AACSB-accreditedcollege of business at a comprehensive publicuniversity located in the Midwest. Traditionalscale development methodologies plusconfirmatory factor analysis and simultaneousfactor analysis in several populations wereused to analyze both a primary sample and aholdback sample. Results strongly support thevalidity and reliability of the surveyinstrument. Future use for the instrumentincludes verification of the effectiveness ofpedagogies designed to (...) increase self-efficacytoward service and motivation for civicparticipation in business students. (shrink)

The essay seeks to vindicate the importance of the humanities or liberal arts deriving from their crucial contribution to the “humanization of humanity”. This vindication is timely in view of the wide-spread curtailment of humanistic or liberal education in many institutions of higher learning. It is also timely as a pedagogical antidote to the fascination with violence in our world (which often culminates in “crimes against humanity”). In a first step, the paper traces the historical development of the humanities or (...) liberal arts in the West. Next, I highlight some crucial features of humanistic education : the emphasis on ethical and character formation ; the fine-tuning of moral judgment ; and the cultivation of a sensus communis. Another central feature is that such education offers a counterpoint to the overwhelming preoccupation today with career training and utilitarian objectives. In the words of Martha Nussbaum : it is “not for profit”, but serves an intrinsic good. In this respect, humanistic pedagogy bears a close affinity to the needed education for democracy and world citizenship. (shrink)

The essay seeks to vindicate the importance of the humanities or liberal arts deriving from their crucial contribution to the “humanization of humanity”. This vindication is timely in view of the wide-spread curtailment of humanistic or liberal education in many institutions of higher learning. It is also timely as a pedagogical antidote to the fascination with violence in our world (which often culminates in “crimes against humanity”). In a first step, the paper traces the historical development of the humanities or (...) liberal arts in the West. Next, I highlight some crucial features of humanistic education : the emphasis on ethical and character formation ; the fine-tuning of moral judgment ; and the cultivation of a sensus communis. Another central feature is that such education offers a counterpoint to the overwhelming preoccupation today with career training and utilitarian objectives. In the words of Martha Nussbaum : it is “not for profit”, but serves an intrinsic good. In this respect, humanistic pedagogy bears a close affinity to the needed education for democracy and world citizenship. (shrink)

This study of 481 corporations provides an assessment of the relationship between several corporate governance variables (board composition, type of board leadership, officer and director stock holdings, institutional stock holdings, number of majority owners, existence of severance agreements) and adoption of anti-takeover amendments. The results of analysis suggest that the two groups (adopters/non-adopters) differ significantly in regards to these variables.

We argue that the phases identified in the novelty-seeking model can be clarified by considering an updated version of the optimal-level of arousal model, which incorporates the “arousal” and “mood changing” potentials of stimuli and contexts. Such a model provides valuable insights into what determines one's state of mind, inter-individual differences, and the rewarding effects of curiosity and creativity.