Markkula Center of Applied Ethics

Ethics Articles

Legal Ethics

Dealing With Disaster: The Ethical Challenges
Pay Czar Kenneth Feinberg discusses the ethics of disaster relief compensation
Kenneth Feinberg
The Vatican's Call for Global Financial Reform (Podcast)
SCU Associate Professor of Law Stephen Diamond examines Pope Benedict?s proposal for global oversight of the economy.
Stephen Diamond
Protecting Privacy and Society
Consumer and business data is increasingly moving to the "cloud," and people are clamoring for protection of that data. However, "maximum privacy" is really anonymity, and some people use it as a shield for illegal and unethical behavior. How should cloud service providers deal with this dilemma?
Steve Bennett
Privacy Tradeoffs Online
NetApp's Executive Chairman Dan Warmenhoven discusses the development of GPS-tracking technology and the ethical issues associated with the aggregation of GPS data into large databases.
Dan Warmenhoven
A Database of Gun Owners (podcast)
SCU Journalism Professor Sally Lehrman leads a discussion of the Journal News decision to post an interactive map of people with gun licenses.
Sally Lehrman
Proposition 34: The Ethical Issues in Capital Punishment
A dialog on the death penalty between Ellen Kreitzberg, SCU professor of law, and Lawrence Nelson, SCU associate professor of philosophy
Miriam Schulman
Proposition 34 and the Ethics of Capital Punishment in California (podcast)
SCU Philosophy Professor Lawrence Nelson debates SCU Law Professor Ellen Kreitzberg.
Professor Ellen Kreitzberg, Professor Lawrence Ne
Privacy and the Law
A review of common law privacy protection, the Constitutional right to privacy, and privacy legislation
Michael McFarland, S.J.
Citizens United (podcast)
Bradley Joondeph, Associate Professor of Law at SCU, leads a discussion on the impact of the Supreme Court decision, "Citizens United," on American elections.
Brad Joondeph
Corporate Governance and Ethics: Conversations with the Delaware Court
Video interviews with justices from the Delaware Court of Chancery and Supreme Court
Citizens United: The Supreme Court and Campaign Finances
Podcast of an Emerging Issues Group Meeting on The Supreme Court and Campaign Finances.
Emerging Issues Group
Reducing the Risk of White Collar Crime (video)
Former federal prosecutor discusses preventing corporate wrongdoing
Hank Shea
Tookie Williams
An argument against the death penalty
Gerald D. Coleman
Confirmation Ethics
An argument in favor of a political but fair and transparent confirmation process
Terri Peretti
Advise and Consent: What Are the Ethics of Confirmation?
From the 2005-06 National Ethics Agenda, an exploration of the ethical issues in the process of federal judicial appointments.
Ethics Center Emerging Issues Group
Equal Justice Under Law
These remarks examine how the legal principle of 'equal justice under law' is widely violated in America. The United States holds the most lawyers, but its legal system is among the least adequate when it comes to equal legal assistance.
Deborah Rhode
Case Study in Social Capital Theory in El Salvador
Using the widely accepted social capital theory, Sonia Mungal suggests reasons why in El Salvador high levels of participation in community activities are not correlated with similarly high levels of voting.
Sonia Mungal
Ethics in an Unethical World - The Legalization of Medicinal Marijuana
This show outlines the issue of legalizing medicinal marijuana, an issue that has been in the headlines a lot recently and has brought up the issue of whether or not prohibition is legitimate.
Gerald Uelmen and Ellen Ritchie
Supreme Court on Educational Diversity
From my standpoint as a constitutional law professor, a particularly interesting strand of the Grutter majority opinion is the reliance upon the First Amendment to uphold the right of public universities to value student body racial diversity.
Margaret M. Russell
Politics, the Supreme Court, and Affirmative Action
The decision in Grutter v. Bollinger that it was constitutionally permissible for public colleges and universities to consider race in student admissions was transparently political, in the sense that the outcome was grounded more in the political choices of the justices and the surrounding political context than in any objective legal principles.
Brad Joondeph
Business as Usual
A retired city engineer goes back to work for the city as an independent contractor. When he bids for a job, a councilmember raises questions.
Judy Nadler
Case of the Big Box Retailer
A revenue shortfall causes a city council to consider the tax benefits from a big-box retailer versus the potential harm to established small businesses.
Judy Nadler
The Mayor and the Manager
A case exploring the proper relationship between city councilmembers and city staff.
Judy Nadler
The decision to give Armand Tiano's victims a voice
Should a newspaper print the names of victims of a sex offender at their request?
David Yarnold and Susan Goldberg
Where speech isn't so free
Flying flags raises free speech issues at a housing development.
Rob Elder
Lost in the 'Logic of War'
War to remove Saddam Hussein from power without the approval of the United Nations is deemed an unjustified, disproportionate, and reckless response to Saddam's violations of justice.
David DeCosse
Of SNPS, TRIPS, and Human Dignity: Ethics and Gene Patenting
Report on a Center conference about the law and ethics of gene patenting.
Miriam Schulman
Confronting Unethical Conduct
Ethics for associations and nonprofit organizations.
Kirk O. Hanson
Moral Quandaries of a Government Whistleblower
A first-person account of whistleblowing in regard to financial regulation agenices.
William K. Black
Legal Ethics?
When an "outside" lawyer realizes that an officer of the company his or her firm represents may be engaged in fraud.
William K. Black
Panel Discussion of Deborah Rhode's Book

Ellen Pansky, Margaret Russell, Alan Scheflin, Ger
Who will blow the whistle if surveillance oversteps?
How does an open society deal with the probability of future terrorist attacks without compromising the privacy and civil liberties of its own citizens?
Rob Elder
Racial Profiling in an Age of Terrorism
Chief Deputy Attorney General of California Peter Siggins discusses the ethical and legal aspects of profiling in the context of national security concerns.
Peter Siggins
National Ethics Agenda
The Ethics Agenda was developed by the Emerging Issues Program of the Markkula Center for Applied Ethics at Santa Clara University. Through this program, the Center provides timely analysis and opinion on ethical issues in the news.
Elder, Hanson, Schulman, McLean, Perry, Carbone
Expanding the Role of Ethics in Legal Education and the Legal Profession
Transcript of a talk by Stanford legal ethics scholar Deborah Rhode.
Deborah Rhode
Best Interests of the Child
How do we determine what is best for children in custody disputes?
leanor Willemsen and Michael Willemson
Why Should We Care About Racial Inequlity Per Se ?
Is a color-blind approach to racial issues the best route to equality?
Glenn Loury
Mr. Smith Goes to Washington
In desperate need of a tax break for his company, a CEO contemplates a questionable campaign contribution.
Leon Panetta & Paul Locatelli, S.J.
Who Owns the Moon?
The shift in focus from exploration of the lunar surface to exploitation of lunar resources raises new ethical challenges for us. Who will profit from these resources, or, as some have phrased it, "Who owns the moon?"
Margaret McLean
Moral Attorneys; Moral People
Law students reflect on the principles they intend to follow in their professional lives.
Richard J. Heafey
Impartial Jurors, Impartial Juries
In a media-saturated society, jurors who know nothing about high-profile cases may be jurors who know nothing.
Newton N. Minow
Jumping the Gun
Election projections raise the difference between rights and the right thing to do.
Newton N. Minow
Tie That Binds
Fidelity to childrennot to spousesmay be a new way of approaching family policy.
June Carbone
Five Hardest Lessons of the O.J. Trial
One of Simpson's legal team discusses what we can learn from the case.
Gerald F. Uelmen
Ethical and Legal Concerns About Capital Punishment in the U. S.
Transcript of a radio interview on captial punishment.
Ellen Kreitzberg
Privacy vs. Security
The Center's Framework for Ethical Decision making is applied to privacy vs. security concerns in the wake of the terrorist attacks.
Bharath Krishnamurthy
Beyond Professional Codes
Professors in law, philosophy, and communication discuss media ethics, legal ethics, and the common good.