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Articles 1 - 28 of 28
Full-Text Articles in Law
The Torture Lawyers, Jens David Ohlin
The Torture Lawyers, Jens David Ohlin
Cornell Law Faculty Publications
One of the longest shadows cast by the Bush Administration’s War on Terror involves the fate of the torture lawyers who authored or signed memoranda regarding torture or enhanced interrogation techniques against detainees. Should they face professional sanction or even prosecution for their involvement? The following Article suggests that their fate implicates some of the deepest questions of criminal law theory and that resolution of the debate requires a fundamental reorientation of the most important areas of justifications and excuses. First, the debate about torture has been overly focused on justifications for torture. This can be explained in part by …
Mitigating Death, Emily Hughes
Mitigating Death, Emily Hughes
Cornell Journal of Law and Public Policy
No abstract provided.
Lawyers As Quasi-Public Actors, W. Bradley Wendel
Lawyers As Quasi-Public Actors, W. Bradley Wendel
Cornell Law Faculty Publications
This paper was written for a panel on access to justice at the 100th anniversary conference of the Law Society of Alberta, Canada. In it I argue that the debate over access to justice, which in the United States generally means pro bono representation provided by individual lawyers, cannot be divorced from broader theoretical debates about the lawyer's role. My claim is that lawyers are quasi-public actors, in the sense that they have some responsibility to aim directly at justice in their representation of clients, and cannot rely only on indirect strategies to ensure that justice is served. The argument …
Personal Integrity And The Conflict Between Ordinary And Institutional Values, W. Bradley Wendel
Personal Integrity And The Conflict Between Ordinary And Institutional Values, W. Bradley Wendel
Cornell Law Faculty Publications
Values, which give us reasons for acting in certain ways, may be properties of both natural, pre-institutional states of affairs and relations among persons, as well as states of affairs and relations among persons that are constituted and regulated by social and political institutions. We can call these ordinary moral values and institutional values, respectively. The fundamental issue in legal ethics is often represented as a conflict between ordinary moral values and institutional values. However, another conflict which has not been well explored in the legal ethics literature is between agent-neutral institutional values and agent-relative reasons that arise from the …
Institutional And Individual Justification In Legal Ethics: The Problem Of Client Selection, W. Bradley Wendel
Institutional And Individual Justification In Legal Ethics: The Problem Of Client Selection, W. Bradley Wendel
Cornell Law Faculty Publications
No abstract provided.
Institutional And Individual Justification In Legal Ethics: The Problem Of Client Selection, W. Bradley Wendel
Institutional And Individual Justification In Legal Ethics: The Problem Of Client Selection, W. Bradley Wendel
Cornell Law Faculty Publications
Monroe Freedman is well known as a proponent of the "standard conception" of legal ethics - that is, that a lawyer cannot be criticized in moral terms for actions taken in a representative capacity. Surprisingly, however, Freedman has argued that client selection is a decision for which a lawyer may be required to provide a justification in ordinary moral terms. This apparent inconsistency reveals a conceptual distinction in normative ethical theory, which is often blurred, between justifying a practice (in this case, the legal system or some specialized practice such as criminal defense) and justifying an action falling within the …
What's Wrong With Being Creative And Aggressive?, W. Bradley Wendel
What's Wrong With Being Creative And Aggressive?, W. Bradley Wendel
Cornell Law Faculty Publications
When I tell people that I am a law professor specializing in legal ethics, they usually have one of two reactions: “Legal ethics—that’s an oxymoron!” or “I bet you always have a lot to do.” The second reaction is the more interesting of the two, because it rightly implies that legal ethics is a fascinating field, in part because lawyers are always thinking of new ways to get into trouble. Many run-of-the-mill lawyer disciplinary cases involve simple wrongdoing, such as stealing from client funds, which does not present conceptually interesting issues. Contemporary high-profile legal ethics scandals, by contrast, are made …
Legal Ethics And The Separation Of Law And Morals, W. Bradley Wendel
Legal Ethics And The Separation Of Law And Morals, W. Bradley Wendel
Cornell Law Faculty Publications
This paper explores the jurisprudential question of the relationship between moral values and legal norms in legal advising and counseling in the context of an analysis of the so-called torture memos prepared by lawyers in the Office of Legal Counsel in 2002. The principal claim of the paper is that the torture memos are morally bankrupt because they are legally bankrupt. The lawyers' actions were wrong from a moral point of view because the lawyers failed with respect to their obligation to treat the law with respect, not simply as an inconvenient obstacle to be planned around. The morality of …
Economic Rationality Vs. Ethical Reasonableness: The Relevance Of Law And Economics For Legal Ethics, W. Bradley Wendel
Economic Rationality Vs. Ethical Reasonableness: The Relevance Of Law And Economics For Legal Ethics, W. Bradley Wendel
Cornell Law Faculty Publications
No abstract provided.
Civil Obedience, W. Bradley Wendel
Civil Obedience, W. Bradley Wendel
Cornell Law Faculty Publications
Discussions of legal ethics generally assume that lawyers should deliberate straightforwardly on the basis of reasons to act or refrain from acting. This model of deliberation fails to account for the role of the law in resolving normative disagreement and coordinating social activity by people who do not share comprehensive ethical doctrines. The law represents a collective decision about what citizens ought to do, which replaces the reasons individuals would otherwise have to act. This Article contends that legal ethics ought to be understood as an aspect of this theory of the authority of law. On this account, lawyers have …
On International And Interdisciplinary Legal Ethics Scholarship, W. Bradley Wendel
On International And Interdisciplinary Legal Ethics Scholarship, W. Bradley Wendel
Cornell Law Faculty Publications
"Legal Ethics is an international and interdisciplinary journal dedicated to the field of legal ethics." The mission statement of this journal poses three concise challenges for scholars in this discipline: To define the domain of legal ethics, to study it from a perspective that is valid across jurisdictional boundaries, and to incorporate the insights of related disciplines. As befits an emerging and exciting field, lawyers and university faculty throughout the English- speaking common-law world have begun to engage with all three of these problems. The book reviews section of Legal Ethics has highlighted the publication of many of the …
Multidisciplinary Practice In The International Context: Realigning The Perspective On The European Union’S Regulatory Regime, George C. Nnona
Multidisciplinary Practice In The International Context: Realigning The Perspective On The European Union’S Regulatory Regime, George C. Nnona
Cornell International Law Journal
Multidisciplinary practice (MDP) and the controversy surrounding it have ebbed in the wake of the Enron scandal and the subsequent enactment of the Sarbanes-Oxley Act. However, legal professionals continue to debate the viability of MDP and rules that currently prohibit lawyer fee-sharing arrangements and partnerships with non-lawyers-some of the rules that aim to safeguard lawyer independence from external influences. This Article addresses one of the most common arguments supporting MDP, namely, that the pervasive propagation of MDP in Europe will inevitably exert an overwhelming influence and pressure to conform on regulators of the legal profession in the United States. The …
Race, Class, And The Regulation Of The Legal Profession In The Progressive Era: The Case Of The 1908 Canons, Alfred L. Brophy
Race, Class, And The Regulation Of The Legal Profession In The Progressive Era: The Case Of The 1908 Canons, Alfred L. Brophy
Cornell Journal of Law and Public Policy
No abstract provided.
The Production Of Pro Bono, Jeffrey Standen
The Production Of Pro Bono, Jeffrey Standen
Cornell Journal of Law and Public Policy
No abstract provided.
Reason And Authority In Legal Ethics, W. Bradley Wendel
Reason And Authority In Legal Ethics, W. Bradley Wendel
Cornell Law Faculty Publications
No abstract provided.
Teaching Ethics In An Atmosphere Of Skepticism And Relativism, W. Bradley Wendel
Teaching Ethics In An Atmosphere Of Skepticism And Relativism, W. Bradley Wendel
Cornell Law Faculty Publications
I would like to do several things in this essay. First, I am interested in the sources of students' wariness about moral reasoning and claims about objectivity and truth in ethics. Sometimes I feel like a teacher of geography who must confront a deeply entrenched belief that the earth is flat. The earth is not flat, nor is ethics just a matter of opinion, but one wonders why students persist in thinking the opposite. Teaching effectively requires an understanding of where students are coming from. Accordingly, the opening section of this essay is structured around a series of hypotheses to …
Ethics For Skeptics, W. Bradley Wendel
Ethics For Skeptics, W. Bradley Wendel
Cornell Law Faculty Publications
One of the themes of the 2002 annual meeting of the Association of American Law Schools ("AALS") has been that we, as teachers, must do better at engaging our students "where they're at." A number of speakers on various panels addressed the consumerist mentality among students, the desire of a population raised on MTV for multimedia lectures that resemble rapidly paced entertainment with high production values, and the suspicion of students toward claims of authority by teachers that are not backed up by respect and hard work. In addition, I would add a further observation as a teacher of ethics …
Nonlegal Regulation Of The Legal Profession: Social Norms In Professional Communities, W. Bradley Wendel
Nonlegal Regulation Of The Legal Profession: Social Norms In Professional Communities, W. Bradley Wendel
Cornell Law Faculty Publications
What should be done about lawyers who persist in violating ethical norms that are not embodied in positive disciplinary rules? That question has been a recurrent theme in recent legal ethics scholarship. One response has been to propose, experiment, amend, tinker, draft, comment, and redraft, in an attempt to codify the standard of conduct observed to be flouted widely by the practicing bar. Bar associations and courts are seemingly engaged in a never-ending process of promulgating new codes of professional conduct or rules of procedure under which lawyers may be sanctioned for such conduct as bringing frivolous lawsuits, abusing the …
Hate And The Bar: Is The Hale Case Mccarthyism Redux Or A Victory For Racial Equality?, W. Bradley Wendel
Hate And The Bar: Is The Hale Case Mccarthyism Redux Or A Victory For Racial Equality?, W. Bradley Wendel
Cornell Law Faculty Publications
The application of the constitutional free expression guarantee to the activities of the organized bar is one of the most important unexplored areas of legal ethics. In this essay I will consider in particular the question of whether an applicant may be denied admission to the bar for involvement with hateful or discriminatory activities. This question reveals the tension between the first amendment principle, established after the agonizing struggles of the McCarthy era, that no one may be denied membership in the bar because of his or her beliefs alone, and the plenary authority of bar associations to make predictive …
Morality, Motivation, And The Professionalism Movement, W. Bradley Wendel
Morality, Motivation, And The Professionalism Movement, W. Bradley Wendel
Cornell Law Faculty Publications
No abstract provided.
Public Values And Professional Responsibility, W. Bradley Wendel
Public Values And Professional Responsibility, W. Bradley Wendel
Cornell Law Faculty Publications
No abstract provided.
Paying For Suffering: The Problem Of Human Experimentation, Larry I. Palmer
Paying For Suffering: The Problem Of Human Experimentation, Larry I. Palmer
Cornell Law Faculty Publications
No abstract provided.
Rediscovering Discovery Ethics, W. Bradley Wendel
Rediscovering Discovery Ethics, W. Bradley Wendel
Cornell Law Faculty Publications
No abstract provided.
Lawyers And Butlers: The Remains Of Amoral Ethics, W. Bradley Wendel
Lawyers And Butlers: The Remains Of Amoral Ethics, W. Bradley Wendel
Cornell Law Faculty Publications
No abstract provided.
Professional Discipline For Law Firms , Ted Schneyer
Professional Discipline For Law Firms , Ted Schneyer
Cornell Law Review
No abstract provided.
Professional Responsibility And The Close Corporation: Toward A Realistic Ethic , Lawrence E. Mitchell
Professional Responsibility And The Close Corporation: Toward A Realistic Ethic , Lawrence E. Mitchell
Cornell Law Review
No abstract provided.
Taking Laws Seriously, Aleksander Peczenik
The Teaching Of Legal Medicine In Medical Schools In The United States, H. Richard Beresford
The Teaching Of Legal Medicine In Medical Schools In The United States, H. Richard Beresford
Cornell Law Faculty Publications
No abstract provided.