The Ethical Health Lawyer: An Empirical Assessment of Moral Decision Making

Writing in 1999, legal ethics scholar Brad Wendel noted that "[v]ery little empirical work has been done on the moral decision making of lawyers." Indeed, since the mid-1990s, few empirical studies have attempted to explore how attorneys deliberate about ethical dilemmas they encounter in their practice. Moreover, while past research has explored some of the ethical issues confronting lawyers practicing in certain specific areas of practice, no published data exists probing the moral mind of health care lawyers. As signaled by the creation of a regular column "devoted to ethical issues arising in the practice of health law" in the Journal of Law, Medicine & Ethics , the time to address the empirical gap in the professional ethics literature is now. Accordingly, this article presents data collected from 120 health care lawyers. Presenting this population with a number of hypothetical scenarios relating to how they would respond when confronting an ethical dilemma without an obvious solution or when facing a situation in which their personal values were in tension with their professional obligations, this article represents a first step toward better understanding how lawyers who practice in health care settings understand and resolve the moral discomfort they encounter in their professional lives.     

Proactive Policing: a Summary of the Report of the National Academies of Sciences,Engineering, and Medicine

This paper provides a summary of our report for the National Academy of Sciences, Engineering, and Medicine on proactive policing. We find that there is sufficient scientific evidence to support the adoption of many proactive policing practices if the primary goal is to reduce crime, though the evidence base generally does not provide long-term or jurisdictional estimates. In turn, we conclude that crime prevention outcomes can often be obtained without producing negative community reactions. However, the most effective proactive policing strategies do not appear to have strong positive impacts on citizen perceptions of the police. At the same time, some community-based strategies have begun to show evidence of improving the relations between the police and public. We conclude that there are likely to be large racial disparities in the volume and nature of police–citizen encounters when police target high-risk people or high-risk places, as is common in many proactive policing programs. We could not conclude whether such disparities are due to statistical prediction, racial animus, implicit bias, or other causes.

     

Correlates of Joining a Sexual Harassment Class Action

Researchers have proposed a variety of factors that influence the decision to seek legal relief in response to sexual harassment, but have generally failed to test these proposals empirically. The present study aims to address this gap by investigating the decision to join a class-action lawsuit. Participants were female professionals at a nationally based financial services firm, who either participated in or opted out of a sexual harassment class-action proceeding against the company. Five variables emerged as significant correlates of joining the class: organizational climate, turnover, financial dependence, PTSD, and primary appraisal. Dominance analysis identified contextual factors as the most important correlate. Theoretical and practical implications for the role of these factors in joining a class action are discussed.

Privacy,trust and policy-making: Challenges and responses

The authors contend that the emerging ubiquitous Information Society (aka ambient intelligence, pervasive computing, ubiquitous networking and so on) will raise many privacy and trust issues that are context dependent. These issues will pose many challenges for policy-makers and stakeholders because people's notions of privacy and trust are different and shifting. People's attitudes towards privacy and protecting their personal data can vary significantly according to differing circumstances. In addition, notions of privacy and trust are changing over time. The authors provide numerous examples of the challenges facing policy-makers and identify some possible responses, but they see a need for improvements in the policy-making process in order to deal more effectively with varying contexts. They also identify some useful policy-making tools. They conclude that the broad brush policies of the past are not likely to be adequate to deal with the new challenges and that we are probably entering an era that will require development of “micro-policies”. While the new technologies will pose many challenges, perhaps the biggest challenge of all will be to ensure coherence of these micro-policies.     

Science,passion and polemics

He has written thirteen books, including: The State of the Masses,with Richard Hamilton; Under the Gun,with Peter Rossi and Kathleen Daly; and, most recently, Homelessness and Health,with Dee Weber, and Address Unknown.