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Full-Text Articles in Law
The Hollowness Of The Harm Principle, Steven D. Smith
The Hollowness Of The Harm Principle, Steven D. Smith
Steven D. Smith
Among the various instruments in the toolbox of liberalism, the so-called “harm principle,” presented as the central thesis of John Stuart Mill’s classic On Liberty, has been one of the most popular. The harm principle has been widely embraced and invoked in both academic and popular debate about a variety of issues ranging from obscenity to drug regulation to abortion to same-sex marriage, and its influence is discernible in legal arguments and judicial opinions as well. Despite the principle’s apparent irresistibility, this essay argues that the principle is hollow. It is an empty vessel, alluring but without any inherent legal …
The Tenuous Case For Conscience, Steven D. Smith
The Tenuous Case For Conscience, Steven D. Smith
Steven D. Smith
If there is any single theme that has provided the foundation of modern liberalism and has infused our more specific constitutional commitments to freedom of religion and freedom of speech, that theme is probably “freedom of conscience.” But some observers also perceive a progressive cheapening of conscience– even a sort of degradation. Such criticisms suggest the need for a contemporary rethinking of conscience. When we reverently invoke “conscience,” do we have any idea what we are talking about? Or are we just exploiting a venerable theme for rhetorical purposes without any clear sense of what “conscience” is or why it …
Law And Lawyers In The U.S.: The Hero-Villain Dichotomy, Judith A. Mcmorrow
Law And Lawyers In The U.S.: The Hero-Villain Dichotomy, Judith A. Mcmorrow
Judith A. McMorrow
Lawyers in U.S. culture are often presented in either an extremely positive or extremely negative light. Although popular culture exaggerates and oversimplifies the 'good v. bad' dynamic of lawyers, this dichotomy provides important insights into the role attorneys play in the U.S. legal system, the boundaries of legal ethics, and the extent to which the U.S. legal system is relied upon to address our society's great moral and social dilemmas.
Toward An Ecclesiastical Professional Ethic: Lessons From The Legal Profession, Daniel R. Coquillette, Judith A. Mcmorrow
Toward An Ecclesiastical Professional Ethic: Lessons From The Legal Profession, Daniel R. Coquillette, Judith A. Mcmorrow
Daniel R. Coquillette
As the Catholic Church struggles with the aftermath of the clergy sexual abuse crisis, some have explored the possibility of an ecclesiastical code of professional conduct. Lawyers' long and storied history with professional codes offers a cautionary tale to those exploring an ecclesiastical code of ethics. As priests to our secular religion of law, lawyers are called forth and mandated by a competent authority to function in a defined role, the specifics of which are reflected, in part, in lawyer codes. As lawyers moved from Canons of Ethics (1908) to a Code of Professional Responsibility (1969) to Rules of Professional …
"What Do You Crave?" Developing Young Lawyers' Ability To Know Themselves, Paula A. Monopoli
"What Do You Crave?" Developing Young Lawyers' Ability To Know Themselves, Paula A. Monopoli
Paula A Monopoli
No abstract provided.
Defending Against The Defenders Why I Can Be A Good Prosecutor And A Good Person, Sarah Montana Hart
Defending Against The Defenders Why I Can Be A Good Prosecutor And A Good Person, Sarah Montana Hart
Sarah Montana Hart
This article discusses the choice to become a prosecutor, specifically in light of the critics of the profession from writers like Paul Butler and Abbe Smith.
Getting Good Results For Clients By Building Good Working Relationships With "Opposing Counsel", John Lande
Getting Good Results For Clients By Building Good Working Relationships With "Opposing Counsel", John Lande
John Lande
Lawyers’ relationships with their “opposing counsel” make a big difference in how well they handle their cases. “Opposing counsel” often do oppose each other, sometimes quite vigorously, though they also regularly cooperate with each other. In the normal course of litigation, lawyers need to cooperate on many procedural matters. In some cases, they also cooperate to achieve their respective clients’ substantive interests. If the lawyers have a bad relationship, the case is likely to be miserable for everyone involved. If they have a good relationship, they are more likely to agree on procedural matters, exchange information informally, take reasonable negotiation …
What Legal Employers Want And Really Need, E. Joan Blum, Mary Ann Chirba, Elisabeth Keller, Judith Tracey
What Legal Employers Want And Really Need, E. Joan Blum, Mary Ann Chirba, Elisabeth Keller, Judith Tracey
Mary Ann Chirba
No abstract provided.
What Legal Employers Want And Really Need, E. Joan Blum, Mary Ann Chirba, Elisabeth Keller, Judith Tracey
What Legal Employers Want And Really Need, E. Joan Blum, Mary Ann Chirba, Elisabeth Keller, Judith Tracey
Elisabeth Keller
No abstract provided.
Teaching Transactional Skills In Partnership With The Bar, Carl J. Circo
Teaching Transactional Skills In Partnership With The Bar, Carl J. Circo
Carl J. Circo