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Full-Text Articles in Law

Complicity And Lesser Evils: A Tale Of Two Lawyers, David Luban Jan 2021

Complicity And Lesser Evils: A Tale Of Two Lawyers, David Luban

Georgetown Law Faculty Publications and Other Works

Government lawyers and other public officials sometimes face an excruciating moral dilemma: to stay on the job or to quit, when the government is one they find morally abhorrent. Staying may make them complicit in evil policies; it also runs the danger of inuring them to wrongdoing, just as their presence on the job helps inure others. At the same time, staying may be their only opportunity to mitigate those policies – to make evils into lesser evils – and to uphold the rule of law when it is under assault. This Article explores that dilemma in a stark form: …


Understanding Kaye Scholer: The Autonomous Citizen, The Managed Subject And The Role Of The Lawyer, Nancy Amoury Combs Sep 2019

Understanding Kaye Scholer: The Autonomous Citizen, The Managed Subject And The Role Of The Lawyer, Nancy Amoury Combs

Nancy Combs

The Office of Thrift Supervision's (OTS) unprecedented enforcement action against Kaye, Scholer, Fierman, Hays and Handler (Kaye Scholer) prompted howls of protest from the legal community. OTS, it was claimed, was using its excessive power to redefine the role of the lawyer. This Comment confirms that OTS sought to impose duties on Kaye Scholer that conflict with professional ethics rules. The Comment then goes on to suggest that the conflict over professional responsibility in the Kaye Scholer case reflects, more fundamentally, a conflict over the role of the citizen, and the citizen's relationship with the state. Our adversarial system of …


The Unruliness Of Rules, Peter A. Alces Sep 2019

The Unruliness Of Rules, Peter A. Alces

Peter A. Alces

No abstract provided.


Moralizing In Public, Anita L. Allen Jan 2006

Moralizing In Public, Anita L. Allen

All Faculty Scholarship

No abstract provided.


The Unruliness Of Rules, Peter A. Alces Jan 2003

The Unruliness Of Rules, Peter A. Alces

Faculty Publications

No abstract provided.


Two Men On A Plank, Claire Oakes Finkelstein Jan 2001

Two Men On A Plank, Claire Oakes Finkelstein

All Faculty Scholarship

Can two individuals, each of whom needs a certain resource for his survival, have equal and conflicting rights to that resource? If so, is each entitled to try to exclude the other from its use? An old chestnut of moral and legal philosophy raises the problem. Following a shipwreck, two men converge simultaneously on a plank floating in the sea. There is no other plank available and no immediate hope of rescue. Unfortunately the plank can support only one; it sinks if two try to cling to it. Is it permissible for each to attempt to secure his own survival …


Personal Fulfillment In The Changing World Of Law Practice: Opportunities And Obstacles, Howard Lesnick Jan 1999

Personal Fulfillment In The Changing World Of Law Practice: Opportunities And Obstacles, Howard Lesnick

All Faculty Scholarship

No abstract provided.


Preempting Oneself: The Right And The Duty To Forestall One's Own Wrongdoing, Leo Katz Jan 1999

Preempting Oneself: The Right And The Duty To Forestall One's Own Wrongdoing, Leo Katz

All Faculty Scholarship

Economists and philosophers working on problems of rational choice have for some time been concerned with various puzzles raised by so-called "Ullysean" configurations: actors who rationally cause themselves to act irrationally. (e.g., the person who swallows Thomas Schelling's famous irrationality pill to preempt an attempted robbery). What has attracted less attention is that these configurations present fascinating problems for morality, most especially for non-consequentialist morality. This article undertakes the exploration of some of these problems and the implications they hold for the morality of preemptive detention, preemptive self-defense, the creation of prophylactic crimes (like our drug laws) and a variety …


Understanding Kaye Scholer: The Autonomous Citizen, The Managed Subject And The Role Of The Lawyer, Nancy Amoury Combs Jan 1994

Understanding Kaye Scholer: The Autonomous Citizen, The Managed Subject And The Role Of The Lawyer, Nancy Amoury Combs

Faculty Publications

The Office of Thrift Supervision's (OTS) unprecedented enforcement action against Kaye, Scholer, Fierman, Hays and Handler (Kaye Scholer) prompted howls of protest from the legal community. OTS, it was claimed, was using its excessive power to redefine the role of the lawyer. This Comment confirms that OTS sought to impose duties on Kaye Scholer that conflict with professional ethics rules. The Comment then goes on to suggest that the conflict over professional responsibility in the Kaye Scholer case reflects, more fundamentally, a conflict over the role of the citizen, and the citizen's relationship with the state. Our adversarial system of …


Infinity In A Grain Of Sand: The World Of Law And Lawyers As Portrayed In The Clinical Teaching Implicit In The Law School Curriculum, Howard Lesnick Jan 1990

Infinity In A Grain Of Sand: The World Of Law And Lawyers As Portrayed In The Clinical Teaching Implicit In The Law School Curriculum, Howard Lesnick

All Faculty Scholarship

No abstract provided.