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Articles 1 - 13 of 13
Full-Text Articles in Law
Autonomy Isn't Everything: Some Cautionary Notes On Mccoy V. Louisiana, W. Bradley Wendel
Autonomy Isn't Everything: Some Cautionary Notes On Mccoy V. Louisiana, W. Bradley Wendel
W. Bradley Wendel
The Supreme Court’s May 2018 decision in McCoy v. Louisiana has been hailed as a decisive statement of the priority of the value of a criminal defendant’s autonomy over the fairness and reliability interests that also inform both the Sixth Amendment and the ethical obligations of defense counsel. It also appears to be a victory for the vision of client-centered representation and the humanistic value of the inherent dignity of the accused. However the decision is susceptible to being read too broadly in ways that harm certain categories of defendants. This paper offers a couple of cautionary notes, in response …
Truthfulness As An Ethical Form Of Life, W. Bradley Wendel
Truthfulness As An Ethical Form Of Life, W. Bradley Wendel
W. Bradley Wendel
This essay, a contribution to a symposium at Duquesne Law School entitled Resurrecting Truth in American Law and Public Discourse, was inspired by an observation made by Bernard Williams, in his paper “Saint-Just’s Illusion.” Williams noted that the issue of moral objectivity always come back to what to do with disagreement in matters of morality, and what sorts of considerations might lead the other party out of error. And in his book, Truth and Truthfulness, Williams argued (among other things, in a rich and subtle work) that the dispositions of truthfulness cultivated by citizens of a liberal political community are …
Economic Rationality And Ethical Values In Design-Defect Analysis: The Trolley Problem And Autonomous Vehicles, W. Bradley Wendel
Economic Rationality And Ethical Values In Design-Defect Analysis: The Trolley Problem And Autonomous Vehicles, W. Bradley Wendel
W. Bradley Wendel
The trolley problem is a well-known thought experiment in moral philosophy, used to explore issues such as rights, deontological reasons, and intention and the doctrine of double effect. Recently it has featured prominently in popular discussions of decision making by autonomous vehicle systems. For example, a Mercedes-Benz executive stated that, if faced with the choice between running over a child that had unexpectedly darted into the road and steering suddenly, causing a rollover accident that would kill the driver, an automated Mercedes would opt to kill the child. This paper considers not the ethical issues raised by such dilemmas, but …
Coming To Grips With The Ethical Challenges For Capital Post-Conviction Representation Posed By Martinez V. Ryan, John H. Blume, W. Bradley Wendel
Coming To Grips With The Ethical Challenges For Capital Post-Conviction Representation Posed By Martinez V. Ryan, John H. Blume, W. Bradley Wendel
W. Bradley Wendel
In its groundbreaking decision in Martinez v. Ryan, 556 U.S. 1 (2012), the Supreme Court of the United States held that inadequate assistance of post-conviction counsel could be sufficient “cause” to excuse a procedural default thus allowing a federal court in habeas corpus proceedings to reach the merits of an otherwise barred claim that an inmate was deprived of his Sixth Amendment right to the effective assistance of counsel at trial. The upshot of Martinez is that, if state postconviction counsel unreasonably (and prejudicially) fails to raise a viable claim of ineffective assistance of trial counsel, then there is “cause” …
Whose Truth? Objective And Subjective Perspectives On Truthfulness In Advocacy, W. Bradley Wendel
Whose Truth? Objective And Subjective Perspectives On Truthfulness In Advocacy, W. Bradley Wendel
W. Bradley Wendel
A lawyer confronts many features of the world that are given, inflexible, and must simply be dealt with; at the same time she has latitude for creativity, for the exercise of skill and judgment toward the realization of the client’s ends. Although in law school it may seem that the law that is open-textured, manipulable, and the wellspring of creative lawyering, in practice the facts do not come pre-packaged and accepted as true for the purposes of an appellate court’s review, but are highly contingent and the product of the interaction between a lawyer and witnesses, documents, and other sources …
Foreword: The Profession’S Monopoly And Its Core Values, W. Bradley Wendel
Foreword: The Profession’S Monopoly And Its Core Values, W. Bradley Wendel
W. Bradley Wendel
No abstract provided.
Duty In The Litigation-Investment Agreement: The Choice Between Tort And Contract Norms When The Deal Breaks Down, Anthony J. Sebok, W. Bradley Wendel
Duty In The Litigation-Investment Agreement: The Choice Between Tort And Contract Norms When The Deal Breaks Down, Anthony J. Sebok, W. Bradley Wendel
W. Bradley Wendel
Litigation investment, which is also known as “litigation finance” or “third party litigation finance,” has grown in importance in many common law and civilian legal systems and has come to the United States as well. While many questions remain about both legality and social desirability of litigation finance, this paper starts with the assumption that the practice will become widespread in the US and explores the obligations of the parties to the litigation finance contract. The first part of the article uses an example to illustrate the risks imposed by one of the other party on the other which should …
Value Pluralism In Legal Ethics, W. Bradley Wendel
Value Pluralism In Legal Ethics, W. Bradley Wendel
W. Bradley Wendel
My claim in this Article is that the foundational normative values of lawyering are substantively plural and, in many cases, incommensurable. By plural I mean that the ends served by the practice of lawyering are fundamentally diverse, and are therefore valued in different ways. Lawyers promote multiple worthwhile goals, including not only preserving individual liberty, speaking truth to power, showing mercy, and resisting oppression, but also enhancing order and stability in opposition to the “ill-considered passions” of democracy, aligning individual action with the public good, and shaping disputes for resolution by particular institutions such as courts and agencies. The claim …
Explanation In Legal Scholarship: The Inferential Structure Of Doctrinal Legal Analysis, W. Bradley Wendel
Explanation In Legal Scholarship: The Inferential Structure Of Doctrinal Legal Analysis, W. Bradley Wendel
W. Bradley Wendel
No abstract provided.
Impartiality In Judicial Ethics: A Jurisprudential Analysis, W. Bradley Wendel
Impartiality In Judicial Ethics: A Jurisprudential Analysis, W. Bradley Wendel
W. Bradley Wendel
No abstract provided.
Should Law Schools Teach Professional Duties, Professional Virtues, Or Something Else? A Critique Of The Carnegie Report On Educating Lawyers, W. Bradley Wendel
Should Law Schools Teach Professional Duties, Professional Virtues, Or Something Else? A Critique Of The Carnegie Report On Educating Lawyers, W. Bradley Wendel
W. Bradley Wendel
No abstract provided.
Legal Ethics And The Separation Of Law And Morals, W. Bradley Wendel
Legal Ethics And The Separation Of Law And Morals, W. Bradley Wendel
W. Bradley Wendel
No abstract provided.
Legal Ethics As Political Moralism Or The Morality Of Politics, W. Bradley Wendel
Legal Ethics As Political Moralism Or The Morality Of Politics, W. Bradley Wendel
W. Bradley Wendel
No abstract provided.