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Full-Text Articles in Law
Aba Model Rule 8.4(G), Discriminatory Speech, And The First Amendment, Bruce Green, Rebecca Roiphe
Aba Model Rule 8.4(G), Discriminatory Speech, And The First Amendment, Bruce Green, Rebecca Roiphe
Articles & Chapters
The ABA adopted Model Rule 8.4(g), which targets certain speech and conduct that are based on “race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status.” In particular, according to the accompanying comment, Rule 8.4(g) reaches speech that is “derogatory and demeaning” or that “manifests bias or prejudice towards others” and is “harmful” (including, presumably, emotionally harmful). This rule targets a significant amount of speech that would be constitutionally protected if it were uttered by a nonlawyer. This article argues that there is no justification for treating lawyers differently from others in many …
Healthy Hives: Can Replacing Hierarchies With Intergroup Teams Transform Our Profession?, Heidi K. Brown
Healthy Hives: Can Replacing Hierarchies With Intergroup Teams Transform Our Profession?, Heidi K. Brown
Articles & Chapters
No abstract provided.
A Fiduciary Theory Of Prosecution, Bruce A. Green, Rebecca Roiphe
A Fiduciary Theory Of Prosecution, Bruce A. Green, Rebecca Roiphe
Articles & Chapters
Scholars have failed to arrive at a unifying theory of prosecution, one that explains the complex role that prosecutors play in our democratic system. This Article draws on a developing body of legal scholarship on fiduciary theory to offer a new paradigm that grounds prosecutors’ obligations in their historical role as fiduciaries. Casting prosecutors as fiduciaries clarifies the prosecutor’s obligation to seek justice, focuses attention on the duties of care and loyalty, and prioritizes criminal justice considerations over other public policy interests in prosecutorial charging and plea-bargaining decisions. As fiduciaries, prosecutors are required to engage in an explicit deliberative process …
Tilting At Stratification: Against A Divide In Legal Education, Rebecca Roiphe
Tilting At Stratification: Against A Divide In Legal Education, Rebecca Roiphe
Articles & Chapters
Critics suggest we divide law schools into an elite tier whose graduates serve global business clients and a lower tier, which would prepare lawyers for simple disputes. This idea is not new. A similar proposal emerged in the early twentieth century. This article draws on the historical debate to argue that this simplistic approach cannot solve the myriad problems facing the legal profession and legal education. Supporters of separate tiers of law school rely on a caricature of the early history to argue that the Bar is acting in a protectionist way to ensure its own monopoly and keep newcomers …
Redefining Professionalism, Rebecca Roiphe
Redefining Professionalism, Rebecca Roiphe
Articles & Chapters
Most scholars condemn professionalism as self-serving, anti-competitive rhetoric. This Article argues that professionalism can be a positive and productive way of thinking about lawyers’ work. While it is undoubtedly true that the Bar has used the ideology of the professional role to support self-interested and bigoted causes, professionalism has also served as an important way of developing and marshalling group identity to promote useful ends. The critics of professionalism tend to view it as an ideology, according to which professionals, unlike businessmen, are concerned not with their own financial gain but with the good of their clients and the community …
Baby, Look Inside Your Mirror: The Legal Profession's Willful And Sanist Blindness To Lawyers With Mental Disabilities, Michael L. Perlin
Baby, Look Inside Your Mirror: The Legal Profession's Willful And Sanist Blindness To Lawyers With Mental Disabilities, Michael L. Perlin
Articles & Chapters
The legal profession has notoriously ignored the reality that a significant number of its members exhibit signs of serious mental illness (and become addicted or habituated to drugs or alcohol at levels that are statistically significantly elevated from levels of the public at large). This is no longer news. What has not been explored is why so much of the bar has remained willfully ignorant of these realities, and why it refuses to confront the depths of this problem.
The roots of this puzzle are found in the social attitude of sanism, an irrational prejudice of the same quality and …
Views On Multidisciplinary Practice With Particular Reference To Law And Economics, New York, And North Carolina, Sydney M. Cone Iii.
Views On Multidisciplinary Practice With Particular Reference To Law And Economics, New York, And North Carolina, Sydney M. Cone Iii.
Articles & Chapters
This Article-after describing analytical gaps in the work of the ABA Commission on MDP, and after criticizing the analysis of MDP by the law and economics school and the Big Five subset thereof-sets forth, with commentary, proposals relating to MDP developed by the New York State Bar Association and the MDP Task Force of the North Carolina Bar Association. It concludes by comparing these proposals in the context of the law governing lawyers in the United States.
A Law Of Healing, Michael L. Perlin
Fatal Assumption: A Critical Evaluation Of The Role Of Counsel In Mental Disability Cases, Michael L. Perlin
Fatal Assumption: A Critical Evaluation Of The Role Of Counsel In Mental Disability Cases, Michael L. Perlin
Articles & Chapters
No abstract provided.