https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2853672
Moonlighting Sonata: Conflicts,
Disclosure, and the Scholar/Consultant
Jeffrey L. Harrison & Amy R.
Mashburn
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.