Category Archives: Articles

Contracting in the Age of the Internet of Things: Article 2 of the UCC and Beyond

This Article analyzes the global phenomenon of the Internet of Things (“IOT”) and its potential impact on consumer contracts for the sale of goods. Recent examples of IOT devices include Amazon’s Dash Replenishment Service, which allows household devices to automatically … Continue reading

Posted in Articles | Tagged , , , , | Leave a comment

Equity’s Leaded Feet in a Contest of Scoundrels: The Assertion of the In Pari Delicto Defense Against a Lawbreaking Plaintiff and Innocent Successors

“While a court of equity will on swift wings fly to relieve the innocent from wrong or injury, it travels with leaded feet and turns a deaf ear, when called on to furnish a cloak of righteousness to cover sin … Continue reading

Posted in Articles | Tagged , , | Leave a comment

Free Speech, Occupational Speech, and Psychotherapy

Psychotherapy, said one of its earliest clients, Anna O, is a “talking cure.” It banishes or lessens mental illness and suffering not with medicine or surgery but with words. This aspect of psychotherapy raises an interesting set of First Amendment … Continue reading

Posted in Articles | Tagged , , , | Leave a comment

Monroe Freedman: The Ethicist of the Non-Ideal

Monroe Freedman was a severe critic of “philosophizing” about legal ethics, yet he was one of the most influential theorists in the development of theoretical legal ethics as an academic discipline in the late twentieth century. No philosopher can ignore … Continue reading

Posted in Articles | Tagged , , , | Leave a comment

Midtown With Monroe

The second time that I went to law school, the classroom was a car. Campus was a daily grind of gridlock. The professor was my passenger. Professor’s curriculum consisted of intellect and integrity; of laughter and love. Curricular entry points … Continue reading

Posted in Articles | Tagged , , , | Leave a comment

The Essential Monroe Freedman, in Four Works

Capturing Monroe’s sixty years in the law, and the fifty years of our friendship, would be impossible. What does it truly mean to be a lawyer? Monroe addressed this question in so many contexts that no summary can do him … Continue reading

Posted in Articles | Tagged , , , | Leave a comment

Monroe Freedman’s Influence on Legal Education

Monroe Freedman’s influence on legal education was profound by any measure. He was much more than a gifted scholar and teacher, though he was both of those, as well as an accomplished lawyer. He was also the antithesis of a … Continue reading

Posted in Articles | Tagged , , , | Leave a comment

Monroe Freedman’s Contributions To Lawyers: Engagement, Energy, and Ethics

What an honor to be included in a collective tribute to the life of our mutual hero, Professor Monroe Freedman: a brilliant man, his love of the law and his celebration of lawyering were the stuff of legends. From our … Continue reading

Posted in Articles | Tagged , , , , | Leave a comment

The Litigation Privilege: Its Place in Contemporary Jurisprudence

Historically, lawyers have been immune from civil liability for statements related to litigation which may injure or offend an opposing party during the litigation process. This protection is referred to as the “litigation privilege,” which originated in medieval English jurisprudence … Continue reading

Posted in Articles, Symposium | Tagged , , | Leave a comment

Some Early Thoughts On Liability Standards For Online Providers Of Legal Services

This Article discusses a classic intersection of law, science, and technology. Just like common law courts adjusted the “mailbox rule” to cover fax machines, courts will have to adjust their existing approach to liability for harmful legal services, given the … Continue reading

Posted in Articles, Symposium | Tagged , , | Leave a comment