
Ethics Blog Posts from November 19, 2009
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Ethics Posts (November 19, 2009)
Caplan: New Mammogram Recommendations Accurate, but Not Right
While the data may support pushing back the timeline for routine mammograms from age 40 to 50 for women, Arthur Caplan questions the decision in his most recent MSNBC column saying that "there is every reason to doubt that the...Posted on Bioethics.Net Blog on November 19, 2009 at 4:14 PM
NY news that you'd expect to hear coming out of Baltimore or Chicago
According to Point of Law, "The ethics counsel to the New York state senate told senators to hand-deliver ethics filings, rather than mailing them, to avoid coverage under the federal mail fraud statute." (Hmm, what's the 1.2(d) analysis on that?)Posted on Legal Ethics Forum on November 19, 2009 at 1:55 PM
ABA's "Ethics 20/20 Commission" announces Preliminary Issues Outline, seeks feedback.
Outline here. Commission website here. Get your comments in by December 31, 2009. The three top-level issues in the preliminary list are: Issues that arise because US lawyers are regulated by [US] states but work increasingly across state and international...Posted on Legal Ethics Forum on November 19, 2009 at 1:50 PM
Update on file filching deputy: Judge gives deputy a chance to apologize, avoid jail
The court's order is here. But, according to this story, no apology may be forthcoming.Posted on Legal Ethics Forum on November 19, 2009 at 1:09 PM
Conflicts of interest within DOJ for lawyers who formerly represented detainees?ainees now in DOJ?
This op-ed asks whether there are conflicts of interest within the DOJ for lawyers who formerly worked for detainees. Reading between the lines, it appears that recusals within the DOJ have been made on a case-by-case basis. The GOP senators...Posted on Legal Ethics Forum on November 19, 2009 at 11:42 AM
Radio Show Preview 11-19-09
On tonight's Declaring Independence: Spencer Ackerman will be on discussing Afghanistan and other foreign policy challenges facing the Obama administration. Nat Hentoff will be on for the second time, but this time we'll be mostly discussing jazz history. As always, you can listen to the show live between 6 and 7 pm EST by clicking here. Read the coPosted on Dispatches from the Culture Wars on November 19, 2009 at 10:37 AM
The Weekly Standard's Standard Absurdity
Neo-con rag The Weekly Standard has one of the most ridiculous and intellectually dishonest screeds against the ACLU that you will ever read. They are mad as hell that the ACLU released that video of former Guantanamo inmates detailing their mistreatment and abuse. That video was "anti-American propaganda," says Thomas Joscelyn, after inventing yet anoPosted on Dispatches from the Culture Wars on November 19, 2009 at 10:30 AM
Palin the Creationist
It turns out that those rumors from an Alaskan activist about Palin being a creationist were true. Not that anyone should be shocked by this; given Palin's religious views it would be extremely shocking if she was not a creationist. But a CBN reporter cites more evidence from her book. According to a review published Sunday in The New York Times, PaliPosted on Dispatches from the Culture Wars on November 19, 2009 at 10:23 AM
Dumbass Quote of the Day
From our old friend Joseph Farah: Further, I would suggest to you the big "take-away" from any biblical study of the death penalty would suggest that it is the very basis of God's rules for governance on Earth. It's the very foundation. Take it away and you take away the very underpinning of a Judeo-Christian civilization. Sounds like another good rePosted on Dispatches from the Culture Wars on November 19, 2009 at 10:16 AM
Disagreeing with Kuznicki
I have to disagree with this post by my friend and co-blogger Jason Kuznicki. This is not something I do lightly because I have such enormous respect for Jason, but I really think he's wrong on this. And he is directly addressing an argument I've made many times in the past: Supporters of same-sex marriage like to say that opponents should enjoy theirPosted on Dispatches from the Culture Wars on November 19, 2009 at 10:09 AM
National Organization for Marriage Drops Prejean
My CIM colleague John Tomasic notes that the anti-gay National Organization for Marriage has quietly dropped Carrie Prejean after so famously promoting her in the wake of her fake martyrdom in the Miss USA pageant. Carrie Prejean, the decrowned Miss California and darling of the Christian right, appears to have been scrubbed from the National OrganizPosted on Dispatches from the Culture Wars on November 19, 2009 at 10:02 AM
Ron Rotunda: "The Judicial Transparency, Judicial Ethics, and A Judicial Solution: An Inspector General for The Courts"
Interesting idea; article here. Abstract:Many federal judges routinely fear criticism, but that fear is unwarranted. The public is rightly concerned that the procedure to investigate and discipline problem-judges is flawed, particularly in a few high-profile cases discussed in this article....Posted on Legal Ethics Forum on November 18, 2009 at 5:22 PM
I'll Believe This When I See It
Testifying before Congress today, Attorney General Eric Holder said the report of the Justice Department's Office of Professional Responsibility on the torture memos is "in its last stages" and should be released by the end of the month. As those...Posted on Legal Ethics Forum on November 18, 2009 at 3:16 PM
New Brain-Related SSRN Abstracting Journals
SSRN recently distributed the following information about new brain-related abstracting journals: LAW, BRAIN & BEHAVIOR JOURNALS Law is concerned with organizing and constraining human behavior. As a result, some model of human behavior, implicit or explicit, underlies legal principles and...Posted on Neuroethics and Law on November 18, 2009 at 1:46 PM
Disciplined prosecutor's appeal may result in disbarment
In the much-followed case of the prosecution of Santa Clara County prosecutor Ben Field, Field's appellate argument didn't go well. Two of the panel members questioned why Field hadn't been disbarred.Posted on Legal Ethics Forum on November 18, 2009 at 12:05 PM
Barber Worried About "Gay Jihad"
Matt Barber has his typically hysterical screed about how evil those infernal gays are and how Christians are truly the persecuted minority in this country. Referring to comments left on the JoeMyGod blog, he writes: Blog poster "ColdCountry" wrote: "Will someone please give me a gun?" Poster "Fritz" warned: "What I fear is that once gay and lesbian pPosted on Dispatches from the Culture Wars on November 18, 2009 at 10:30 AM
Here's Your Script, Cue the Cameras
Marcy Wheeler does a brilliant job of mining the transcripts of the healthcare reform debate to show that Republican legislators were literally reading from a script written for them by lobbyists from Genentech. One after another they took to the podium to parrot the exact same phrases Genentech wanted them to parrot. From a post entitled What a RoomfuPosted on Dispatches from the Culture Wars on November 18, 2009 at 10:23 AM
Punking the Tea Partiers
Here's a hilarious video from an anti-illegal immigration rally in Minnesota last Saturday called the Tea Party Against Amnesty. A young man calling himself Robert Erickson got up to the podium and began a righteous rant about the evils of immigration, how waves of immigrants had brought diseases to America and taken jobs from Americans. "Are you withPosted on Dispatches from the Culture Wars on November 18, 2009 at 10:16 AM
Georgia Man Held Without Trial for 4 Years
Here's an astonishing story out of Georgia, where a man accused of murder has sat in prison for four years without a trial because the state can't afford to pay for his legal defense. An accused killer from Pike County has sat in jail for nearly four years without a trial -- not because of any problems with the evidence but because the state is seekinPosted on Dispatches from the Culture Wars on November 18, 2009 at 10:09 AM
Classic Worldnutdaily Misinformation
I laughed out loud when I read this headline: Read the rest of this post... | Read the comments on this post...Posted on Dispatches from the Culture Wars on November 18, 2009 at 10:02 AM
2009-11-19 Posts in other Subject Areas
Academic (197), Criminal Law (187), Legal News (171), Legal Commentary (134), Legal Research (92), Religion & Law (89), Personal Injury Law (85), International Law (85), Intellectual Property Law (60), Loan Modification (58), Litigation (57), Labor & Employment Law (42), Real Estate & Property Law (39), Federal Judiciary (32), Bailout (31), Taxation & Estate Planning (28), Indiana (27), Celebrity Law (26), Miscellaneous (22), Constitutional Law (22), Corporate & Securities Law (22), Legal Writing (20), Patent Law (20), Ethics (20), Estate Planning (18), Election-Campaign Law (18), Politics (18), Bankruptcy (17), Law Students (17), Legal Niches (16), Law Humor (15), Family Law (15), Copyright Law (15), Kentucky (14), Consumer Law (11), Media & Entertainment Law (10), In-House Counsel (9), Corporate Governance (9), Legal History (9), Law Technology (9), Immigration Law (9), Legal Marketing & PR (8), Paralegals & Legal Secretaries (8), Health Law (8), Florida (7), Class Action (5), Disability Law (4), Ohio (4), Environmental Law (4), Law School (3), New Law Blogs (3), Bar Associations (3), Local Law Blogs (3), Massachusetts (3), Legal Journals (3), Practice Management (3), Education Law (3), Public Defense (3), State Courts (3), Personal Blogs (3), New York (2), Banking Law (2), Bad Cops & Prosecutors (2), Careers (2), Energy Law (2), Legal Malpractice (2), Elder Law (1), Solo Practice (1), Obama Citizenship (1), Persaonl Blogs (1), Appellate Law (1), Michigan (1), Arbitration & Mediation (1), Litigation Support (1), Trademark Law (1),

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Can a former employee use photographs of jobs completed whie working for me in marketing material for a new business?
There are several issues here
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