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Articles 1 - 11 of 11
Full-Text Articles in Law
Whose Truth? Objective And Subjective Perspectives On Truthfulness In Advocacy, W. Bradley Wendel
Whose Truth? Objective And Subjective Perspectives On Truthfulness In Advocacy, W. Bradley Wendel
W. Bradley Wendel
A lawyer confronts many features of the world that are given, inflexible, and must simply be dealt with; at the same time she has latitude for creativity, for the exercise of skill and judgment toward the realization of the client’s ends. Although in law school it may seem that the law that is open-textured, manipulable, and the wellspring of creative lawyering, in practice the facts do not come pre-packaged and accepted as true for the purposes of an appellate court’s review, but are highly contingent and the product of the interaction between a lawyer and witnesses, documents, and other sources …
“Certain Fundamental Truths”: A Dialectic On Negative And Positive Liberty In Hate-Speech Cases, W. Bradley Wendel
“Certain Fundamental Truths”: A Dialectic On Negative And Positive Liberty In Hate-Speech Cases, W. Bradley Wendel
W. Bradley Wendel
Matthew Hale is a white supremacist who likes to attract media attention. He set himself up as the leader of a racist "church" called the World Church of the Creator and immediately went about attempting to put an articulate, polite face on the organization. Hale's application to become a licensed attorney in Illinois, his subsequent denial and the litigation that followed are discussed.
Foreword: The Profession’S Monopoly And Its Core Values, W. Bradley Wendel
Foreword: The Profession’S Monopoly And Its Core Values, W. Bradley Wendel
W. Bradley Wendel
No abstract provided.
Duty In The Litigation-Investment Agreement: The Choice Between Tort And Contract Norms When The Deal Breaks Down, Anthony J. Sebok, W. Bradley Wendel
Duty In The Litigation-Investment Agreement: The Choice Between Tort And Contract Norms When The Deal Breaks Down, Anthony J. Sebok, W. Bradley Wendel
W. Bradley Wendel
Litigation investment, which is also known as “litigation finance” or “third party litigation finance,” has grown in importance in many common law and civilian legal systems and has come to the United States as well. While many questions remain about both legality and social desirability of litigation finance, this paper starts with the assumption that the practice will become widespread in the US and explores the obligations of the parties to the litigation finance contract. The first part of the article uses an example to illustrate the risks imposed by one of the other party on the other which should …
Value Pluralism In Legal Ethics, W. Bradley Wendel
Value Pluralism In Legal Ethics, W. Bradley Wendel
W. Bradley Wendel
My claim in this Article is that the foundational normative values of lawyering are substantively plural and, in many cases, incommensurable. By plural I mean that the ends served by the practice of lawyering are fundamentally diverse, and are therefore valued in different ways. Lawyers promote multiple worthwhile goals, including not only preserving individual liberty, speaking truth to power, showing mercy, and resisting oppression, but also enhancing order and stability in opposition to the “ill-considered passions” of democracy, aligning individual action with the public good, and shaping disputes for resolution by particular institutions such as courts and agencies. The claim …
Explanation In Legal Scholarship: The Inferential Structure Of Doctrinal Legal Analysis, W. Bradley Wendel
Explanation In Legal Scholarship: The Inferential Structure Of Doctrinal Legal Analysis, W. Bradley Wendel
W. Bradley Wendel
No abstract provided.
Impartiality In Judicial Ethics: A Jurisprudential Analysis, W. Bradley Wendel
Impartiality In Judicial Ethics: A Jurisprudential Analysis, W. Bradley Wendel
W. Bradley Wendel
No abstract provided.
The Aba Guidelines And The Norms Of Capital Defense Representation, Russell Stetler, W. Bradley Wendel
The Aba Guidelines And The Norms Of Capital Defense Representation, Russell Stetler, W. Bradley Wendel
W. Bradley Wendel
The ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases (“Guidelines”), as revised in 2003, continue to stand as the single most authoritative summary of the prevailing professional norms in the realm of capital defense practice. Hundreds of court opinions have cited the Guidelines. They have been particularly useful in helping courts to assess the investigation and presentation of mitigating evidence in death penalty cases. This Article will discuss how these Guidelines have come to reflect prevailing professional norms in this critical area of capital defense practice and how that practice has developed in the …
Should Law Schools Teach Professional Duties, Professional Virtues, Or Something Else? A Critique Of The Carnegie Report On Educating Lawyers, W. Bradley Wendel
Should Law Schools Teach Professional Duties, Professional Virtues, Or Something Else? A Critique Of The Carnegie Report On Educating Lawyers, W. Bradley Wendel
W. Bradley Wendel
No abstract provided.
Legal Ethics And The Separation Of Law And Morals, W. Bradley Wendel
Legal Ethics And The Separation Of Law And Morals, W. Bradley Wendel
W. Bradley Wendel
No abstract provided.
Legal Ethics As Political Moralism Or The Morality Of Politics, W. Bradley Wendel
Legal Ethics As Political Moralism Or The Morality Of Politics, W. Bradley Wendel
W. Bradley Wendel
No abstract provided.