Topic
Legal Ethics
Posts
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ArticleVol. 101 · Iss. 1
The Prosecution Bar
The American legal profession needs a prosecution bar. Before lawyers are permitted to appear for the government in a criminal case, they should be…
William Ortman -
ArticleVol. 100 · Iss. 3
The Undemocratic Class Action
Abstract Class actions can have profound effects. But theorists, policymakers, and judges have long worried that attorneys can use them for their own advantage,…
Nicholas Almendares -
CommentaryVol. 99 · Iss. 3
Lowball Rural Defense
Abstract Focus on the deleterious effects of the privatization of functions in both the criminal adjudicative system and criminal legal system has increased on…
Maybell Romero -
Online2021
Plagiarism Pedagogy: Why Teaching Plagiarism Should be a Fundamental Part of Legal Education
As a practicing lawyer, if you aren’t plagiarizing, you’re committing malpractice. Litigators copy forms and arguments from winning briefs rather than bill their clients…
Megan E. Boyd & Brian L. Frye -
ArticleVol. 88 · Iss. 2
Just Negotiation
This Article argues that the procedural justice—that is, fairness of process—plays a critical and largely unexamined role in legal negotiation, encouraging the acceptance of…
Rebecca Hollander-Blumoff -
ArticleVol. 94 · Iss. 3
Judging Aggregate Settlement
While courts historically have taken a hands-off approach to settlement, judges across the legal spectrum have begun to intervene actively in “aggregate settlements”—repeated settlements…
David M Jaros & Adam S. Zimmerman -
CommentaryVol. 95 · Iss. 1
Case Refusal: A Right for the Public Defender but Not a Remedy for the Defendant
Various arguments have been made to explain why public defenders continue to handle excessive caseloads: a lack of independence, organizational culture, or ethical blindness…
John P. Gross -
ArticleVol. 93 · Iss. 6
Unraveling Unlawful Command Influence
Military commanders are not just officers leading soldiers into battle. In the military justice system, they also serve quasi-prosecutorial roles and decide what charges…
Monu Bedi -
ArticleVol. 97 · Iss. 2
Evidence-Based Lawyer Regulation
The legal profession is losing its authority over the regulation of legal services. Recent changes in antitrust law have put state bar associations under…
Elizabeth Chambliss -
CommentaryVol. 97 · Iss. 1
Perjury by Omission
“Do you swear to tell the truth, the whole truth, and nothing but the truth?” There are few legal phrases that the layperson can…
Ira P. Robbins -
ArticleVol. 97 · Iss. 1
Racial Antagonism, Sexual Betrayal, Graft, and More: Rethinking and Remedying the Universe of Defense Counsel Failings
Is a defendant entitled to a new trial when his counsel has repeatedly spouted ugly racial stereotypes and used racial epithets in referring to…
Sheri Lynn Johnson -
CommentaryVol. 90 · Iss. 3
The Role of the Judge in Non-Class Settlements
What is the role of the judge in aggregate litigation? That was the question posed to Judge Alvin Hellerstein and several panelists, including myself,…
Howard M. Erichson