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"judicial ethics"
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Judicial Ethics Is More Than Calling Balls and Strikes
The procedures set out in the Code avoid any ex parte issues by requiring that the judge give \"advance notice to the parties of the person to be consulted and the subject matter of the advice to be solicited\" and give the parties \"a reasonable opportunity to object and respond to the notice and to the advice received\" Judicial ethics concepts require living in the gray area. While the day-to-day work of judging is often predictable and concerns applying clear laws and rules, issues raised in the area of sports and entertainment law bring the creative nature of their subject to the courtroom. To extend the metaphor, the judge may not only need to call balls and strikes but also review the rule book to determine whether a play wins the game.
Journal Article
Advisory Opinions Support Judges in Walking the Ethical Path
All but a very few states have entities that issue advisory opinions to guide judges, and advice for federal judges comes from the U.S. Judicial Conference. Judges also can see if the American Bar Association has addressed the question in one of its advisory opinions for judges issued through the Standing Committee on Ethics and Professional Responsibility. Judges also often have questions about whether they can ethically serve on a particular community board or task force and related questions about how to limit participation so as not to conflict with their judicial duties.
Journal Article
Practice extended : beyond law and literature
\"Practice Extended is a collection of Robert A. Ferguson's essays reflecting forty years of his scholarship and reflects the evolution and the aims of the field as well as its impact on the study of both literature and law. Ferguson's work explores a wide range of topics including immigration, eloquence, the Constitution, rhetoric and Ulysses, and mercy. Ferguson's essays emphasize the interdisciplinary connection between law and literature. The field, as Ferguson sees it has roots in two major developments in the intellectual history of law--first, the growing doubt about whether law in isolation is a source of value and meaning, or whether it must be understood within larger cultural and intellectuals contexts; and, second, the continued focus on the mutability of meaning in all texts, whether literary or legal. Those who work in the field stress one or the other of two complementary perspectives: law in literature (understanding legal issues as they are explored in great literary texts such as Billy Budd) and law as literature (understanding legal texts by reference to methods of literary interpretation, analysis, and critique)\" -- Provided by publisher.
Book
The Role of Judicial Ethics in Court Administration: From Setting the Objectives to Practical Implementation
A court administration striving to guarantee the independence and professionalism of the court and judges requires attention to judicial ethics. Judicial ethics as a system of professional values and as an institutional instrument of judiciary is an integral part of court administration which is based on the principle of self-regulation. The importance of court administration requires a scientific approach to its elements. Therefore, this article begins by providing analysis of the main objectives of judicial ethics and a comparative study on the European practices establishing judicial ethics. It also provides a systematic list of the basic principles of the conduct of judges that are established in different international standards and legal systems of different European countries. By analysing documents of different international institutions and codes of ethics of European countries, the author identifies a systematic structure and the fundamental starting point of modern judicial ethics. The methods of descriptive comparative analysis and observation of recent developments are dominant in this study. Reacting to the scientific problems and current needs of legal communities with regard to the enforcement of judicial ethics, the article presents approaches that could lead to increased effectiveness of ethics in the judiciary, as well as to the development of methods of enforcement of judicial ethics. The purpose of this article is not just to disclose the main international standards and regulations on judicial ethics in Europe, but also to make it practically valuable for developers of judicial ethics, taking into consideration the fact that recently many countries have been trying to reform and improve ethical systems in the judiciary. Given the limited scope of this article, other important elements of court administration and developing a comparative study of the content of judicial ethics and the jurisprudence of its implementation will be presented in future publications.
Journal Article
The Ethics of AI Ethics. A Constructive Critique
The paper presents an ethical analysis and constructive critique of the current practice of AI ethics. It identifies conceptual substantive and procedural challenges and it outlines strategies to address them. The strategies include countering the hype and understanding AI as ubiquitous infrastructure including neglected issues of ethics and justice such as structural background injustices into the scope of AI ethics and making the procedures and fora of AI ethics more inclusive and better informed with regard to philosophical ethics. These measures integrate the perspective of AI justice into AI ethics, strengthening its capacity to provide comprehensive normative orientation and guidance for the development and use of AI that actually improves human lives and living together.
Journal Article
Structural racism in precision medicine: leaving no one behind
Background
Precision medicine (PM) is an emerging approach to individualized care. It aims to help physicians better comprehend and predict the needs of their patients while effectively adopting in a timely manner the most suitable treatment by promoting the sharing of health data and the implementation of learning healthcare systems. Alongside its promises, PM also entails the risk of exacerbating healthcare inequalities, in particular between ethnoracial groups. One often-neglected underlying reason why this might happen is the impact of structural racism on PM initiatives. Raising awareness as to how structural racism can influence PM initiatives is paramount to avoid that PM ends up reproducing the pre-existing health inequalities between different ethnoracial groups and contributing to the loss of trust in healthcare by minority groups.
Main body
We analyse three nodes of a process flow where structural racism can affect PM’s implementation. These are: (i) the collection of biased health data during the initial encounter of minority groups with the healthcare system and researchers, (ii) the integration of biased health data for minority groups in PM initiatives and (iii) the influence of structural racism on the deliverables of PM initiatives for minority groups. We underscore that underappreciation of structural racism by stakeholders involved in the PM ecosystem can be at odds with the ambition of ensuring social and racial justice. Potential specific actions related to the analysed nodes are then formulated to help ensure that PM truly adheres to the goal of
leaving no one behind
, as endorsed by member states of the United Nations for the 2030 Agenda for Sustainable Development.
Conclusion
Structural racism has been entrenched in our societies for centuries and it would be naïve to believe that its impacts will not spill over in the era of PM. PM initiatives need to pay special attention to the discriminatory and harmful impacts that structural racism could have on minority groups involved in their respective projects. It is only by acknowledging and discussing the existence of implicit racial biases and trust issues in healthcare and research domains that proper interventions to remedy them can be implemented.
Journal Article
Improper Appropriation of Words Articulated in Scientific Texts: restorative justice as a possibility of resolution of the conflicts generated/Apropriacao Indevida de Palavras Articuladas em Textos Cientificos: a justica restaurativa como possibilidade de resolucao dos conflitos gerados
From authorities speeches to scientific works, misappropriation of words make vigilant the academic community to the ethics of writing in academia. The present article has as general objective to present a reflection on the appropriation of words in this area and, as a specific objective, to dialogue in the perspective of Restorative Justice as a possibility of resolution of the conflicts arising from plagiarism. The work brings in its core the inductive scientific method and procedure in the bibliographic research. Therefore, from the point of view of the qualitative approach. As a result, it is believed to be possible restorative justice to provide change in the behavior of the people involved in these misappropriations. Thus, it is concluded by the collaboration of the Restorative Justice in the construction of a society that has corresponsabilities based on a culture of the common good, responsible for the changes and for the peace. Keywords: Academic Ethics. Restorative Justice. Plagiarism. De discursos de autoridades a trabalhos cientificos, a apropriacao indevida de palavras tem deixado em alerta a comunidade academica no tocante a etica na escrita da academia. O presente artigo tem como objetivo geral apresentar uma reflexao sobre a apropriacao de palavras nesta seara e, como objetivo especifico, dialogar na perspectiva da Justica Restaurativa como possibilidade de resolucao dos conflitos decorrentes de plagio. O trabalho traz em seu bojo o metodo cientifico indutivo e de procedimento na pesquisa bibliografica. Para tanto, do ponto de vista da abordagem qualitativa, como resultado, acredita-se ser possivel a justica restaurativa proporcionar mudanca no comportamento das pessoas envolvidas nessas apropriacoes indevidas. Assim, conclui-se pela colaboracao da Justica Restaurativa na construcao de uma sociedade que tenha corresponsabilidades alicercadas em uma cultura do bem comum, responsavel pelas mudancas e pela paz. Palavras-chave: Etica Academica. Justica Restaurativa. Plagio.
Journal Article