Moonlighting Sonata: Conflicts, Disclosure and the Scholar/Consultant

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