Moonlighting Sonata: Conflicts, Disclosure and the Scholar/Consultant
28 Pages Posted: 19 Oct 2016 Last revised: 4 May 2017
Date Written: October 17, 2016
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: Suggested Citation