Open Access. Powered by Scholars. Published by Universities.®
Legal Ethics and Professional Responsibility Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Alsification (1)
- Attorney general (1)
- Ballot initiative (1)
- Constitutional nondefense (1)
- Direct democracy (1)
-
- Duty to defend (1)
- Ethics (1)
- Executive (1)
- Expressivism (1)
- Jurisprudence (1)
- Legal philosophy (1)
- Marriage equality (1)
- Media (1)
- Nondefense (1)
- Politics (1)
- Practical wisdom (1)
- Preference (1)
- Public preference (1)
- Reputation (1)
- Rhetoric (1)
- Same sex marriage (1)
- State attorney general (1)
- Supreme Court (1)
- Publication
Articles 1 - 2 of 2
Full-Text Articles in Legal Ethics and Professional Responsibility
Declining Controversial Cases: How Marriage Equality Changed The Paradigm, Elena Baylis
Declining Controversial Cases: How Marriage Equality Changed The Paradigm, Elena Baylis
Articles
Until recently, state attorneys general defended their states’ laws as a matter of course. However, one attorney general’s decision not to defend his state’s law in a prominent marriage equality case sparked a cascade of attorney general declinations in other marriage equality cases. Declinations have also increased across a range of states and with respect to several other contentious subjects, including abortion and gun control. This Essay evaluates the causes and implications of this recent trend of state attorneys general abstaining from defending controversial laws on the grounds that those laws are unconstitutional, focusing on the marriage equality cases as …
A Rhetorician’S Practical Wisdom, Linda L. Berger
A Rhetorician’S Practical Wisdom, Linda L. Berger
Scholarly Works
For three years, I had the great good fortune to work in the office next to Jack Sammons. My good fortune extended to a coincidence of timing that allowed me to work with Jack on a co-authored article, The Law's Mystery. During the time I worked next door, I felt cursed by an inability to grasp concepts that to Jack appeared inevitable and essential, whether those inevitabilities and essences were to be found within the law, good lawyering, or good legal education. The curse persisted throughout the writing of The Law's Mystery.
For Jack, the essence of a …