Author Archives: admin

Legal Ethics and the Constitution

Thank you for inviting me to this wonderful conference. I learn so much from these conferences. And I enjoy meeting the leaders in the field of legal ethics. The one person I miss greatly, of course, is Sam Dash. We … Continue reading

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A Cautionary Tale: Fiduciary Breach as Legal Malpractice

Lawyers, judges, and legal scholars commonly refer to lawyers as fiduciaries, generally meaning agents who bear special and onerous duties toward clients. What is often missing from the incantation is a settled notion of the legal content of the concept … Continue reading

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The Triage Trilemma

Everybody is going to start this way, but I have the benefit of being the second speaker so it hasn’t gotten old yet. It is a tremendous honor to be speaking at a conference based on the works of Monroe … Continue reading

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Legal Ethics in an Adversary System: The Persistent Questions

It is a particular pleasure to be among so many friends and distinguished colleagues, and to have an occasion to honor one of the founding fathers of our field. As many of you doubtless noted, my title is a variation … Continue reading

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Foreward: Like Gravity

The adversary system, like gravity, affects us all. We cannot escape it. The adversary system, and the ethical standards of the lawyers who operate within the adversary system, therefore warrant continual study. View PDF

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A Dangerous Discretionary “Duty”: U.S. Antidumping Policy Toward China

In an era of flourishing transitions from state controlled policies and economies to democratic governance, the United States foreign trade policy, particularly toward emerging market-oriented countries, may require adjustment to maintain the credibility of the United States as an important … Continue reading

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Judicial Enforcement of Arbitration Agreements: the Stay-Dismissal Dichotomy of FAA Section 3

The meaning of section 3 of the Federal Arbitration Act (“FAA”) has been the subject of substantial litigation and uncertainty. Section 3 applies to a suit or proceeding brought in court where the issues are referable to arbitration under an … Continue reading

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Respecting Intellectually Disabled Parents: A Call for Change in State Termination of Parental Rights Statutes

“Mentally retarded persons . . . are individuals whose abilities and behavioral deficits can vary greatly depending on the degree of their retardation, their life experience, and the ameliorative effects of education and habilitation.” So spoke the Supreme Court in … Continue reading

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Delayering Corporate Law

Corporate law has become unnecessarily complicated. Despite the proliferation of laws, problems fester and scandals erupt. Something is wrong. This Article seeks to delayer corporate law—to strip it down to its essence—and after doing so, offer concrete suggestions for reform. … Continue reading

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Attractive Complexity: Tax Deregulation, the Check-The-Box Election, and the Future of Tax Simplification

Dissatisfaction with the complexity of the income tax is nothing new. Still, recent decades have seen anything but a decrease in the tax law’s complexity. The seemingly inexorable rise in complexity has attracted the attention of scholars, inspired politicians and, … Continue reading

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