Tag Archives: Volume 34 Issue 3

Big Talk, Broken Promises: How Title I of the Americans with Disabilities Act Failed Disabled Workers

The Americans with Disabilities Act (“ADA” or “the Act”) was signed into law in July 1990 with much fanfare. President George H.W. Bush echoed Congress’s belief that it would level the playing field for the disabled in all facets of … Continue reading

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An Old Means to a Different End: The War on Terror, American Citizens . . . and the Treason Clause

In 2004, Supreme Court Justice Antonin Scalia, while dissenting in Hamdi v. Rumsfeld, stated that when the United States government accuses one of its own citizens of waging war against it, “our constitutional tradition has been to prosecute him in … Continue reading

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The Supreme Court Will Not Overrule Roe v. Wade

The recent confirmation of two purportedly conservative Justices to the Supreme Court has fueled media speculation that the Supreme Court may be “poised to overrule Roe v. Wade.” The speculation has been fanned by South Dakota’s recent enactment of a … Continue reading

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The Zeal Shortage

Professional zeal, according to a leading treatise, “is found in the United States in a form that, for vigor, has no rival anywhere.” Zeal manifests itself as a force in both the performance and the theory of advocacy: Lawyers practice … Continue reading

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Do Bar Association Ethics Committees Serve the Public or the Profession? An Argument for Process Change

Thank you Dean Twerski for your most gracious introduction, and Professor Simon and Professor Freedman for asking me to participate in this gathering of distinguished scholars for Hofstra University School of Law’s 2005 Legal Ethics Conference: Lawyers Ethics in an … Continue reading

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Creating Space for Lawyers to Be Ethical: Driving Towards an Ethic of Transparency

Ostensibly there is little to connect the harried lawyer facing an ethical dilemma and the frazzled driver at an accident-prone intersection. The lawyer who miscalculates whether a former employer’s noncompete clause bars his client from selling a newly invented device … Continue reading

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Secret Evidence is Slowly Eroding the Adversary System: CIPA and FISA in the Courts

The Bush administration is reportedly the most secretive in United States history. The unprecedented scope of secrecy in intelligence gathering, detentions, decision-making, data collection, and legislative implementation has recently received public scrutiny. Often justified as essential to preserve national security, … Continue reading

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Counseling Organizational Clients “Within the Bounds of the Law”

The principal function of lawyers is to communicate the lawyer’s knowledge of law to the client and apply it to the client’s situation. Thus, every lawyer who has clients, whatever else they do, is a counselor. Two professional rules deal … Continue reading

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Institutional and Individual Justification in Legal Ethics: The Problem of Client Selection

In the second round of the famous Freedman-Tigar debate, Monroe Freedman writes that “[i]t is proper . . . to publicly challenge lawyers to justify their representation of particular clients.” Note the word “particular”—the challenge here is on a case-by-case … Continue reading

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The Corporate Lawyer and ‘The Perjury Trilemma’

This paper represents a thought experiment that takes one of Monroe Freedman’s most fundamental legal ethics ideas and extends it to a current controversy. Professor Freedman’s contributions are many, but none is more significant than his stating—and proposing a solution … Continue reading

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