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Misplaced Fidelity, David Luban
Misplaced Fidelity, David Luban
Georgetown Law Faculty Publications and Other Works
This paper is a review essay of W. Bradley Wendel's Lawyers and Fidelity to Law, part of a symposium on Wendel's book. Parts I and II aim to situate Wendel's book within the literature on philosophical or theoretical legal ethics. I focus on two points: Wendel's argument that legal ethics should be examined through the lens of political theory rather than moral philosophy, and his emphasis on the role law plays in setting terms of social coexistence in the midst of moral pluralism. Both of these themes lead him to reject viewing legal ethics as an instance of "the …
That The Laws Be Faithfully Executed: The Perils Of The Government Legal Advisor, David Luban
That The Laws Be Faithfully Executed: The Perils Of The Government Legal Advisor, David Luban
Georgetown Law Faculty Publications and Other Works
Suppose you practice business law. Your client comes to you and says "We have a major deal in the works. It is aggressive and cutting edge, and we need an opinion from you saying that it is legal." Obviously, you cannot promise that. First, you need to know what the deal is. So, you examine the documents and carefully analyze the law. Unfortunately, you have only bad news to report: the deal is illegal, and there is no way to fix it. But with a little creative stretching of the law and some body English you could make a case …