Curriculum Development for Cyber Ethics with a Focus on Law Enforcement
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Efficiency, Enforcement, and Punishment Jim Staihar Robert H
Notre Dame Journal of Law, Ethics & Public Policy Volume 31 | Issue 2 Article 3 2017 Efficiency, Enforcement, and Punishment Jim Staihar Robert H. Smith School of Business, University of Maryland Follow this and additional works at: https://scholarship.law.nd.edu/ndjlepp Part of the Criminal Law Commons, Law and Philosophy Commons, and the Legal Ethics and Professional Responsibility Commons Recommended Citation Jim Staihar, Efficiency, Enforcement, and Punishment, 31 Notre Dame J.L. Ethics & Pub. Pol'y 339 (2017). Available at: https://scholarship.law.nd.edu/ndjlepp/vol31/iss2/3 This Article is brought to you for free and open access by the Notre Dame Journal of Law, Ethics & Public Policy at NDLScholarship. It has been accepted for inclusion in Notre Dame Journal of Law, Ethics & Public Policy by an authorized editor of NDLScholarship. For more information, please contact [email protected]. \\jciprod01\productn\N\NDE\31-2\NDE203.txt unknown Seq: 1 13-JUL-17 11:32 EFFICIENCY, ENFORCEMENT, AND PUNISHMENT JIM STAIHAR* ABSTRACT The law and economics literature on punishment reveals strong reasons of efficiency to adopt an extreme enforcement policy for any type of crime as a means to promoting deterrence. Under such an extreme policy, a crime’s severity of punishment would be set extremely high, but its probability of punishment would be set extremely low by minimizing the resources devoted to enforcing the law against the crime. This sort of policy applied to a moderately serious crime, such as a simple assault, would seem strongly unreasonable all things considered. However, it is not immediately obvi- ous why such a policy would be so unreasonable on the assumption that the policy would be an efficient means of promoting deterrence. -
Reflections on Cyberethics Education for Millennial Software Engineers
Reflections on Cyberethics Education for Millennial Software Engineers Claudia de O. Melo Thiago C. de Sousa Faculty of Technology Urbanism and Technology Center University of Bras´ılia State University of Piau´ı Bras´ılia, Brazil Teresina, Brazil Email: [email protected] Email: [email protected] Abstract—Software is a key component of solutions for challenges to educating millennial software engineers, which 21st Century problems. These problems are often “wicked”, requires continuous innovation in educational systems and complex, and unpredictable. To provide the best possible solution, curricula delivery [2], [7]. millennial software engineers must be prepared to make ethical decisions, thinking critically, and acting systematically. This Moreover, the design of software systems comes with reality demands continuous changes in educational systems and a special set of responsibilities to society that are much curricula delivery, as misjudgment might have serious social broader than those described in existing codes of ethics for impact. This study aims to investigate and reflect on Software computing professionals [8]. While the potential return on Engineering (SE) Programs, proposing a conceptual framework investment in technology is usually high, the increasing pace for analyzing cyberethics education and a set of suggestions on how to integrate it into the SE undergraduate curriculum. of technological innovation raises ethical questions about its development and use [9]. Information and Communications Keywords-cyberethics; millennial software -
The Society of Enhanced Legal Scholars, Seven of Nine, and Some Regulatory Challenges for Future Generations by Roger Brownsword
The Society of Enhanced Legal Scholars, Seven of Nine, and some regulatory challenges for future generations by Roger Brownsword INTRODUCTION REGULATORY LEGITIMACY: THREE evelopments in information and communication SCHOOLS OF THOUGHT technologies have transformed the way that Where human enhancement is simply cheating by Dlawyers work. Nowadays, the electronic resources another name, we should obviously take a negative view. are so swift, comprehensive and convenient that However, if the rules permit enhancement, or if the researching the law only occasionally involves consulting situation is not competitive, is a negative view still the hard copy sources in the library. Imagine, though, that appropriate? If regulators permit (even encourage) further developments of this kind, coupled with physical and intellectual improvement, why prohibit developments in biotechnologies and nanotechnologies, as technologies for human enhancement? Does it make sense, well as in human brain/machine interfacing, reach a stage for example, to argue that regulators should permit the at which all legal source materials are on a tiny chip connected to the human brain. With such enabling application of technologies to correct impairment (such as technology, the lawyers of the future will be more than failing eyesight) but not to enhance human capacities (for advanced, they will be enhanced. Should we welcome example, to equip a person with X-ray or all-round vision)? enhancing developments of this kind? Should we try to How do we sort out the ethical wheat from the chaff? resist them or confine them? How should regulators What is the appropriate standard of regulatory legitimacy? respond? What kind of regulatory environment should be Broadly speaking, ethical argument adopts one of three set for a community of potentially enhanced citizens, basic forms: namely, goal-orientated (consequentialism), lawyers, and law-enforcers? rights-based and duty-based forms. -
Legal Ethics and the Good Client
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by The Catholic University of America Columbus School of Law Catholic University Law Review Volume 36 Issue 2 Winter 1987 Article 3 1987 Legal Ethics and the Good Client Thomas L. Shaffer Follow this and additional works at: https://scholarship.law.edu/lawreview Recommended Citation Thomas L. Shaffer, Legal Ethics and the Good Client, 36 Cath. U. L. Rev. 319 (1987). Available at: https://scholarship.law.edu/lawreview/vol36/iss2/3 This Address is brought to you for free and open access by CUA Law Scholarship Repository. It has been accepted for inclusion in Catholic University Law Review by an authorized editor of CUA Law Scholarship Repository. For more information, please contact [email protected]. BRENDAN F. BROWN LECTURE AND RESPONSE LEGAL ETHICS AND THE GOOD CLIENT* Thomas L. Shaffer** The distinctive feature of ethics in a profession is that it speaks to the unequal encounter of two moral persons. Legal ethics, which is a subject of study for lawyers, therefore, often becomes the study of what is good-not for me, but for this other person, over whom I have power. Legal ethics differs from ethics generally: ethics is thinking about morals. Legal ethics is thinking about the morals of someone else. It is concern with the goodness of someone else. In this view, legal ethics begins and ends with Socrates's ques- tion to the law professors of Athens: "Pray will you concern yourself with anything else than how we citizens can be made as good as possible?"' The subject in legal ethics is, in this way, the client's goodness, but legal ethics does not focus on the client's conscience. -
Rationing Legal Services
Rationing Legal Services The Harvard community has made this article openly available. Please share how this access benefits you. Your story matters Citation I. Glenn Cohen, Rationing Legal Services, 5 J. Legal Analysis 221 (2013). Published Version http://jla.oxfordjournals.org/content/5/1/221.full.pdf Citable link http://nrs.harvard.edu/urn-3:HUL.InstRepos:16236029 Terms of Use This article was downloaded from Harvard University’s DASH repository, and is made available under the terms and conditions applicable to Other Posted Material, as set forth at http:// nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of- use#LAA RATIONING LEGAL SERVICES Downloaded from I. Glenn Cohen1 ABSTRACT http://jla.oxfordjournals.org/ There is a deepening crisis in the funding of legal services in the USA with cut backs in Legal Services Corporation and Interest on Lawyers Trust Account funding, rendering more visible the fact that there is and always will be persistent scarcity in the availability of both criminal and civil legal assistance. This article examines how existing Legal Service Providers (LSPs), both civil and criminal, should ration their services when they cannot help everyone. I draw on the bioethics literature on the allocation of medical goods (organs, ICU beds, vaccine doses, etc.) to illuminate the problems facing LSPs and the potential rationing principles they might adopt. at Ernst Mayr Library of the Museum Comp Zoology, Harvard University on June 9, 2015 1. INTRODUCTION There is a deepening crisis in the funding of legal services in the USA. The House of Representatives has proposed cutting the budget of the Legal Services Corporation (LSC), one of the main funders of legal assistance to America’s poor, to an all time low in inflation-adjusted terms (Ruger 2012). -
Philosophical Legal Ethics: an Affectionate History David Luban Georgetown University
Cornell University Law School Scholarship@Cornell Law: A Digital Repository Cornell Law Faculty Publications Faculty Scholarship Summer 2017 Philosophical Legal Ethics: An Affectionate History David Luban Georgetown University W. Bradley Wendel Cornell Law School, [email protected] Follow this and additional works at: http://scholarship.law.cornell.edu/facpub Part of the Legal Ethics and Professional Responsibility Commons Recommended Citation Luban, David and Wendel, W. Bradley, "Philosophical Legal Ethics: An Affectionate History," 30 Georgetown Journal of Legal Ethics 337 (2017) This Article is brought to you for free and open access by the Faculty Scholarship at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Law Faculty Publications by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. COMMEMORATIVE CONTRIBUTIONS Philosophical Legal Ethics: An Affectionate History DAVID LUBAN* & W. BRADLEY WENDELt ABSTRACT The modern subject of theoretical legal ethics began in the 1970s. This brief history distinguishes two waves of theoretical writing on legal ethics. The "First Wave" connects the subject to moral philosophy andfocuses on conflicts between ordinary morality and lawyers' role morality, while the "Second Wave" focuses instead on the role legal representationplays in maintaining and fostering a pluralist democracy. We trace the emergence of the First Wave to the larger social movements of the 1960s and 1970s; in the Conclusion, we speculate about possible directions for a Third Wave of theoretical legal ethics, based in behavioral ethics, virtue ethics, orfiduciary theory. TABLE OF CONTENTS INTRODUCTION. .......................................... 338 I. THE FIRST WAVE: LEGAL ETHICS AS A PROBLEM OF MORAL PH L OSOPHY ...................................... -
Legal Ethics and the Good Client
Notre Dame Law School NDLScholarship Journal Articles Publications 1987 Legal Ethics and the Good Client Thomas L. Shaffer Notre Dame Law School, [email protected] Follow this and additional works at: https://scholarship.law.nd.edu/law_faculty_scholarship Part of the Legal Ethics and Professional Responsibility Commons Recommended Citation Thomas L. Shaffer, Legal Ethics and the Good Client, 36 Cath. U. L. Rev. 319 (1986-1987). Available at: https://scholarship.law.nd.edu/law_faculty_scholarship/645 This Article is brought to you for free and open access by the Publications at NDLScholarship. It has been accepted for inclusion in Journal Articles by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. BRENDAN F. BROWN LECTURE AND RESPONSE LEGAL ETHICS AND THE GOOD CLIENT* Thomas L. Shaffer** The distinctive feature of ethics in a profession is that it speaks to the unequal encounter of two moral persons. Legal ethics, which is a subject of study for lawyers, therefore, often becomes the study of what is good-not for me, but for this other person, over whom I have power. Legal ethics differs from ethics generally: ethics is thinking about morals. Legal ethics is thinking about the morals of someone else. It is concern with the goodness of someone else. In this view, legal ethics begins and ends with Socrates's ques- tion to the law professors of Athens: "Pray will you concern yourself with anything else than how we citizens can be made as good as possible?"' The subject in legal ethics is, in this way, the client's goodness, but legal ethics does not focus on the client's conscience. -
Legal Ethics in England and Wales
Legal Ethics in England and Wales Avrom Sherr and Lisa Webley Institute of Advanced Legal Studies 1. The Profession The profession in England and Wales is the historical archetype of Common Law Legal Professions. Its distinguishing feature is the division between barristers and solicitors. Historically, barristers dealt with advocacy or representation of clients before the courts and with high level consultancy on difficult or specialist cases. Solicitors were involved in the office work including all the contact with lay clients directly. Since l991, it has been possible for solicitors, with an extra qualification, to act as advocates even in the highest courts. Barristers on the other hand, may now deal directly with certain professional clients, without the intervention of a solicitor. Many commentators feel that the two legal professions are in a state of gradual fusion. Solicitors make up the bulk of the legal profession and in l996 there were 87,081 solicitors on the roll, of which 68,037 held practising certificates. In contrast the barristers’ profession has 8,492 members1 Most solicitors will need Practising Certificates if they are to be involved in legal work. There are exceptions for those in local government, commerce and industry. In l996 there were 8,702 firms of solicitors in England and Wales which earned at least £15,000 per annum, with 4,377 of those firms classified as sole practitioners2. There are also some 5,771 legal executives3 who qualify separately from both barristers and solicitors, carry out lower level procedural or transactional work and must work under the supervision of solicitors. -
An Introduction to Cybersecurity Ethics MODULE AUTHOR: Shannon Vallor, Ph.D
An Introduction to Cybersecurity Ethics MODULE AUTHOR: Shannon Vallor, Ph.D. William J. Rewak, S.J. Professor of Philosophy, Santa Clara University TABLE OF CONTENTS Introduction 2-6 PART ONE: What are the important ethical issues in cybersecurity? 7-12 Case Study 1 13-15 PART TWO: Common ethical challenges for cybersecurity professionals 15-21 Case Study 2 21-24 Case Study 3 24-28 PART THREE: What are cybersecurity professionals’ obligations to the public? 29-34 Case Study 4 34-38 PART FOUR: What ethical frameworks can guide cybersecurity practice? 38-47 PART FIVE: What are ethical best practices in cybersecurity? 48-56 Case Study 5 57-60 Case Study 6 60-61 APPENDIX A: Relevant Professional Ethics Codes & Guidelines (Links) 62 APPENDIX B: Bibliography/Further Reading 63-65 1 An Introduction to Cybersecurity Ethics MODULE AUTHOR: Shannon Vallor, Ph.D. William J. Rewak, S.J. Professor of Philosophy, Santa Clara University 1. What do we mean when we talk about ‘ethics’? Ethics in the broadest sense refers to the concern that humans have always had for figuring out how best to live. The philosopher Socrates is quoted as saying in 399 B.C. that “the most important thing is not life, but the good life.”1 We would all like to avoid a bad life, one that is shameful and sad, fundamentally lacking in worthy achievements, unredeemed by love, kindness, beauty, friendship, courage, honor, joy, or grace. Yet what is the best way to obtain the opposite of this – a life that is not only acceptable, but even excellent and worthy of admiration? How do we identify a good life, one worth choosing from among all the different ways of living that lay open to us? This is the question that the study of ethics attempts to answer. -
Lawyers and Social Media: the Legal Ethics of Tweeting, Facebooking and Blogging
Touro Law Review Volume 28 Number 1 Article 7 July 2012 Lawyers and Social Media: The Legal Ethics of Tweeting, Facebooking and Blogging Michael E. Lackey Jr. Joseph P. Minta Follow this and additional works at: https://digitalcommons.tourolaw.edu/lawreview Part of the Legal Ethics and Professional Responsibility Commons Recommended Citation Lackey, Michael E. Jr. and Minta, Joseph P. (2012) "Lawyers and Social Media: The Legal Ethics of Tweeting, Facebooking and Blogging," Touro Law Review: Vol. 28 : No. 1 , Article 7. Available at: https://digitalcommons.tourolaw.edu/lawreview/vol28/iss1/7 This Article is brought to you for free and open access by Digital Commons @ Touro Law Center. It has been accepted for inclusion in Touro Law Review by an authorized editor of Digital Commons @ Touro Law Center. For more information, please contact [email protected]. Lackey and Minta: Lawyers and Social Media LAWYERS AND SOCIAL MEDIA: THE LEGAL ETHICS OF TWEETING, FACEBOOKING AND BLOGGING By Michael E. Lackey Jr.* and Joseph P. Minta** *** I. INTRODUCTION Lawyers should not—and often cannot—avoid social media. Americans spend more than 20% of their online time on social media websites, which is more than any other single type of website.1 Many young lawyers grew up using the Internet and spent most of their college and law school years using social media sites. Some older attorneys have found that professionally-focused social media sites are valuable networking tools, and few big companies or law firms would ignore the marketing potential of websites like Facebook, Twitter, LinkedIn or YouTube. Finally, for litigators, these sites pro- vide valuable information about witnesses and opposing parties.2 Yet social media sites are also rife with professional hazards for unwary attorneys. -
Personal Values and Professional Ethics
Cleveland State Law Review Volume 40 Issue 2 Article 3 1992 Personal Values and Professional Ethics Geoffrey C. Hazard Jr. Yale University Follow this and additional works at: https://engagedscholarship.csuohio.edu/clevstlrev Part of the Legal Ethics and Professional Responsibility Commons, and the Legal Profession Commons How does access to this work benefit ou?y Let us know! Recommended Citation Geoffrey C. Hazard Jr., Personal Values and Professional Ethics, 40 Clev. St. L. Rev. 133 (1992) available at https://engagedscholarship.csuohio.edu/clevstlrev/vol40/iss2/3 This Article is brought to you for free and open access by the Journals at EngagedScholarship@CSU. It has been accepted for inclusion in Cleveland State Law Review by an authorized editor of EngagedScholarship@CSU. For more information, please contact [email protected]. 1 PERSONAL VALUES AND PROFESSIONAL ETHICS 2 GEOFFREY C. HAZARD, JR. I. PROFESSIONAL ETHICS ............................................... 134 II. RULES, TRADITONS AND PRACTICE .................................. 134 Ill. OBJECTIVITY AND SUBJECTIVITY ...................................... 135 IV. THE LAWYER'S SUBJECTIVE WORLD ................................. 137 V. PERSONAL VALUES IN PROFESSIONAL ETHICS ....................... 139 V I. C ONCLUSION ........................................................ 140 My purpose on this occasion is to urge reexamination of personal values as a fundamental resource of professional ethics. The essential point is that rules of ethics, such as those embodied in the profession's ethical codes, are insufficient guides to making the choices of action that a professional must make in practice. I will suggest that the same is true of professional tradition and conventional ways of practice. This is not to say that rules of ethics and traditions are irrelevant. Rules of professional ethics frame the ethical problems that are encountered in a lawyer's life throughout practice. -
Book Review. Cyberethics: Morality and Law in Cyberspace by R. A. Spinello
Maurer School of Law: Indiana University Digital Repository @ Maurer Law Articles by Maurer Faculty Faculty Scholarship 2001 Book Review. Cyberethics: Morality and Law in Cyberspace by R. A. Spinello Elizabeth Larson Goldberg Indiana University School of Law Follow this and additional works at: https://www.repository.law.indiana.edu/facpub Part of the Computer Law Commons, and the Legal Ethics and Professional Responsibility Commons Recommended Citation Goldberg, Elizabeth Larson, "Book Review. Cyberethics: Morality and Law in Cyberspace by R. A. Spinello" (2001). Articles by Maurer Faculty. 1896. https://www.repository.law.indiana.edu/facpub/1896 This Book Review is brought to you for free and open access by the Faculty Scholarship at Digital Repository @ Maurer Law. It has been accepted for inclusion in Articles by Maurer Faculty by an authorized administrator of Digital Repository @ Maurer Law. For more information, please contact [email protected]. Law Library Journal [Vol. 93:3 regional differences, federal and state jurisdictional matters, and tribal court issues. 64 In the minor quibbles department, I have already mentioned the lack of references to secondary materials. Also, I thought an entry for Felix Cohen, author of the first Indian law treatise in 1942,21 might have been germane; to be fair to Sokolow, he admits in the preface that not every important individual could be included. [65 This book can safely be recommended to libraries that have need of such a book. I enjoyed reading it as much as I enjoyed reviewing it. Spinello, Richard A. Cyberethics: Morality and Law in Cyberspace. Boston: Jones and Bartlett, 2000. 165p.