Articles Posted in Philosophy and Ethics

Cornell University law professor Joseph Margulies offers an overview of our current criminal justice system and proposes a philosophy essential for the implementation of its imperative transformation, improvement, and legitimacy.

Hofstra University law professor Joanna Grossman discusses the apparent conflict between the social norm that women’s breasts should be covered in public and the legal right of women (in most states) to be top-free in public.

Chapman University law professor Ronald Rotunda discusses instances of federal judges acting in manners inconsistent with their responsibilities.

Cornell University law professor Sherry Colb draws upon the outrage many people felt in response to a video allegedly showing Planned Parenthood officials discussing the sale of fetal body parts and tissue from abortions (video that was subsequently revealed to be edited so as to be intentionally misleading) in order to discuss a different area in which tissue and parts are bought and sold without evoking such broad outrage.

Chapman University law professor Ronald Rotunda discusses a recent decision by the U.S. Court of Appeals for the Federal Circuit with respect to the disqualification of a lawyer from representing a client due to a conflict of interest. Rotunda cautions that the decision, if read broadly, could signal major risks for patent firms, but he argues that the decision need not be read so broadly.

Cornell University law professor Joseph Margulies describes the abysmal conditions under which Tariq Ba Odah is suffering at Guantanamo, despite being cleared by every national security agency.

Former counsel to the president John W. Dean laments the willingness—even enthusiasm—of Bill Cosby’s legal defense team to engage in ethically questionable tactics with respect to Cosby’s victims, including using the media to defame the victims.

Chapman University law professor Ronald Rotunda describes the apparent confusion in many jurisdictions over the phrase “moral turpitude” with respect to whether and when attorneys are subject to discipline. Rotunda points out that while many states have adopted the model rules (which, in their current form reject the prohibition against “illegal conduct involving moral turpitude”), these states’ courts still rely on the vague standard when applying the rules.

Cornell University law professor Sherry Colb considers arguments for and against a moral duty by transgender individuals disclose their transgender status to potential sexual partners before having relations.

Cornell University law professor Sherry Colb discusses the competing values at issue when an ultra-Orthodox Jewish man on an airplane requests not to be seated next to a woman who is not his wife.

Chapman University law professor Ronald Rotunda warns against the California bill recently introduced in the state senate that would allow physician-assisted suicide. Rotunda cites other jurisdictions in which physician-assisted suicide is permissible in arguing against the bill’s passage.

Cornell University law professor Sherry Colb discusses how a pro-choice position on the issue of abortion might be reconciled with the position that a mother may rightfully grieve over a miscarriage.

Chapman University law professor Ronald Rotunda discusses the various judicial opinions and ethics rules that govern whether, when, and to what extent lawyers may lie during negotiations.

Cornell University law professor Sherry Colb discusses a Michigan pediatrician’s decision not to see as a patient the infant child of a lesbian couple.

Cornell University law professor Sherry Colb discusses a recent New York law that bans tattoos of companion animals and compares it to a hypothetical law banning other types of animal cruelty.

Cornell University visiting law professor Joseph Margulies continues his discussion of torture and its place in American politics. Margulies describes how torture gained popularity only after it became a partisan issue, and only after its supporters assembled an argument making its use seem consistent with American values.

In this first of a two-part series of columns, Cornell University visiting law professor Joseph Margulies debunks the widespread belief that Americans’ support for torture occurred immediately following the attacks of 9/11. In Part II, Margulies will discuss how support for torture took off only after it became a partisan issue, and an argument took shape that made torture sound congenial to American values.

Cornell University visiting law professor Joseph Margulies discusses the growing role of radical individualism in political culture and how it leads to communities on all sides of the political spectrum not taking responsibility for violence their rhetoric causes.

Cornell University law professor Sherry Colb considers whether, why, and to what extent the law should proscribe sexual relations with individuals suffering from Alzheimer’s disease and other permanent impairments on the basis of their incapacity to consent.

Guest columnist and Cornell University visiting professor of law Joseph Margulies continues his discussion of the American criminal justice system and describes basic principles upon which we could build superior alternatives to the present system.