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Articles 1 - 4 of 4
Full-Text Articles in Legal Profession
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 …
What One Lawyer Can Do For Society: Lessons From The Remarkable Career Of William P. Homans, Jr., Mark S. Brodin
What One Lawyer Can Do For Society: Lessons From The Remarkable Career Of William P. Homans, Jr., Mark S. Brodin
Mark S. Brodin
William P. Homans Jr. was an iconic civil liberties and criminal defense lawyer who mentored generations of younger lawyers that followed in his path. He appeared in cases that defined his times, from representing targets of the McCarthy-era inquisitions of the 1950s, to defending publishers of books like Tropic of Cancer when the authorities sought to suppress them, to serving on the defense team in the conspiracy trial of internationally-renowned pediatrician Benjamin Spock and four other leaders of the anti-Vietnam-War movement, to defending a doctor charged with manslaughter arising from an abortion he performed soon after Roe v. Wade legalized …
Thinking Like Thinkers: Is The Art And Discipline Of An "Attitude Of Suspended Conclusion" Lost On Lawyers?, Donald J. Kochan
Thinking Like Thinkers: Is The Art And Discipline Of An "Attitude Of Suspended Conclusion" Lost On Lawyers?, Donald J. Kochan
Donald J. Kochan
In his 1910 book, How We Think, John Dewey proclaimed that “the most important factor in the training of good mental habits consists in acquainting the attitude of suspended conclusion. . .” This Article explores that insight and describes its meaning and significance in the enterprise of thinking generally and its importance in law school education specifically. It posits that the law would be best served if lawyers think like thinkers and adopt an attitude of suspended conclusion in their problem solving affairs. Only when conclusion is suspended is there space for the exploration of the subject at hand. The …
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