Category Archives: Articles

Monroe Freedman: Prophet of Biblical Justice

Commentators often assert that the overriding ideal behind Professor Monroe Freedman’s distinctive view of legal ethics was individual autonomy. Professor Freedman’s provocative Professional Responsibility of the Criminal Defense Lawyer: The Three Hardest Questions, and his even more provocative answers, have … Continue reading

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The Prosecutor’s Ethical Duty to End Mass Incarceration

Of the many crises in our criminal justice system, none is more critical than the problem of mass incarceration. The United States has the highest incarceration rate in the world, with over 2.2 million people in prison or jail and … Continue reading

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In Defense of the Devil’s Advocate

Among the many controversial positions for which Monroe Freedman advocated during his illustrious career, the one that I find most surprising and uncharacteristic is his contention that lawyers who undertake morally questionable representations have a duty to explain or justify … Continue reading

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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 products include Amazon’s Dash Replenishment Service, which allows household devices to automatically … Continue reading

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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

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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

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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

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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

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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

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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

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