Moonlighting Sonata: Conflicts, Disclosure and the Scholar/Consultant

28 Pages Posted: 19 Oct 2016 Last revised: 4 May 2017

Jeffrey Lynch Harrison

University of Florida - Levin College of Law

Amy Rebecca Mashburn

University of Florida - Levin College of Law

Date Written: October 17, 2016

Abstract

Although the impact of conflicting interests is of constant concern to those in legal education and other fields, a recent scholarly article and an extensive analysis in the New York Times suggest the problem is more pressing than ever. In the context of legal scholarship the problem arises when a professor is, in effect, employed by two entities. Disclosure of possible conflicts is the most commonly proposed response. The article argues that disclosure is merely a risk shifting devise that does not fully address the issue of bias. It draws on comparisons with products liability and legal ethics to suggest that many conflicts should simply be avoided.

Keywords: ethics, conflicts, risk shifting, warning labels, consulting

JEL Classification: A13, K49, L38

Suggested Citation

Harrison, Jeffrey Lynch and Mashburn, Amy Rebecca, Moonlighting Sonata: Conflicts, Disclosure and the Scholar/Consultant (October 17, 2016). Available at SSRN: https://ssrn.com/abstract=2853672 or http://dx.doi.org/10.2139/ssrn.2853672

Jeffrey Lynch Harrison (Contact Author)

University of Florida - Levin College of Law ( email )

P.O. Box 117625
Gainesville, FL 32611-7625
United States

Amy Rebecca Mashburn

University of Florida - Levin College of Law ( email )

P.O. Box 117625
Gainesville, FL 32611-7625
United States

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