Legal Ethics and Professional Responsibility Commons^™

Ethics Of Artificial Intelligence For Lawyers: Standalone Resource: Model Policy And Training Program For Responsible Ai Use, Cliff Mckinney

Arkansas Law Notes

Every significant technological change in law, including computers, email, and online research, has required practical tools to implement ethically. Artificial intelligence is no different. This final installment of the artificial intelligence ethics series offers a “starter kit” for responsible adoption by law firms: a Model Law Firm Policy on the Responsible Use of Artificial Intelligence and a Model Training Program for Legal Professionals.

With this installment, the Ethics of Artificial Intelligence for Lawyers series comes full circle. We have moved from the first sanction cases, to the ABA’s initial guidance, to legislative and regulatory developments, and now to practical steps …

A Prosecutor’S Ethical Duty To Divert, Jordan Stevenson

Legal Writing Competition Winners

In an American courtroom, litigants are divided across an aisle, a gavel grants or divests rights, and a community takes sides. This creates a narrative of duality in the justice system, which many believe is vital to the adversarial legal system. A criminal trial is seen as perpetrator versus victim, but the legal posture is actually government versus individual. In fact, a prosecuting attorney has ethical obligations not just to victims, witnesses, and the broader community, but to defendants as well, in part due to their tremendous discretion to bring or dismiss criminal charges. A prosecutor’s power is far too …

Ethics Of Artificial Intelligence For Lawyers: Resistance Is Futile: Candor, Supervision, And Fees, Cliff Mckinney

Arkansas Law Notes

In Star Trek: The Next Generation, the Borg deliver their iconic warning to every species they encounter: “Resistance is futile.” The line resonates because it conveys the inevitability that once the Borg arrive, escape is no longer an option.

For lawyers, the duties of candor, supervision, and fairness in fees are just as inescapable. ABA Formal Opinion 512 (“ABA Opinion”) makes clear that, regardless of how powerful artificial intelligence becomes, it cannot relieve attorneys of their obligation. Attorneys must verify what they file, oversee how their colleagues use the technology, and ensure that clients are charged fairly. This installment examines …

Ethics Of Artificial Intelligence For Lawyers: You Will Be Assimilated: Best Practices For Lawyers Using Artificial Intelligence, Cliff Mckinney

Arkansas Law Notes

In Star Trek: The Next Generation, the Borg, a species augmented with artificial intelligence, give a chilling ultimatum to every civilization they encounter: “You will be assimilated.” The warning is terrifying because it suggests not destruction, but absorption with the loss of independence to a relentless collective.

For lawyers, the rise of artificial intelligence carries a similar threat of assimilation. Artificial intelligence is already entering law practice, whether lawyers welcome it or not. The real question is not if lawyers will be assimilated into a future integrated with artificial intelligence, but how they will use these tools without sacrificing judgment, …

Law Firm Silence, Katrina Lee

Fordham Law Review

No abstract provided.

Lawyers’ Career Aspirations In Canada And The United States, Meghan Dawe, Ronit Dinovitzer

Fordham Law Review

No abstract provided.

The Brave New World Of Judicial Election, Charles G. Geyh

Articles by Maurer Faculty

The 2023 Wisconsin Supreme Court election heralded the arrival of a new generation of judicial races in which state supreme courts are becoming war-torn forums for the resolution of deeply divisive policy questions that the federal courts and the other branches of government are unwilling or unable to address. It is a development that portends to be of unprecedented intensity, relative to the fractious “new politics of judicial elections” of the recent past and poses new challenges for legal theory and the existing judicial elections literature to explain. It adds new urgency to an increasingly stark choice: fight for the …

The Pro Bono Industrial Complex, Tanina Rostain

Georgetown Law Faculty Publications and Other Works

Recent settlements between corporate law firms and the Trump Administration, consisting of donations totaling nearly $1billion in free representation, have brought law firm pro bono to the fore. Pro bono has been institutionalized in corporate law firms since the turn of the 21^st century. Pro bono evangelists and corporate law firms contend that pro bono increases access to justice and protects individual rights. Scholarship on pro bono has not challenged these claims, focusing instead on managerial and organizational incentives that could increase the number of hours corporate firms devote to pro bono. Given the prominence of corporate law firm …

Law Library Blog (March 2026): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Dr. Deb Peters: Opening Doors As The Ada’S New Speaker, Debra Peters, Christopher J. Smiley

The Journal of the Michigan Dental Association

This interview profiles Dr. Deb Peters, the first female speaker of the ADA House of Delegates. Dr. Peters shares her vision for making the ADA more accessible, transparent, and responsive to its members. She discusses her leadership philosophy, emphasizing listening and mentorship, and explains how effective governance can lead to significant real-world impacts, such as the removal of taxes on dental prosthetics. Dr. Peters also outlines her goals for modernizing the House of Delegates process, including the creation of a "Resolution Dashboard" to help members track policy progress.

Answering Your Most-Asked Dental Benefit Questions, William Sullivan Jd, James Budd Mpp

The Journal of the Michigan Dental Association

This column examines the increasing federal scrutiny of non-compete agreements by the Federal Trade Commission (FTC). It notes that both the Trump and Biden administrations have prioritized curtailing the misuse of these agreements, particularly in healthcare. The article provides practical steps for employers to audit existing agreements for reasonableness and individualization. It encourages exploring alternatives such as non-solicitation and confidentiality clauses and stresses the importance of documenting the legitimate business interests that justify any remaining non-compete requirements to withstand future regulatory scrutiny.

Foreword: The Professional Socialization Of Lawyers, Matthew Diller

Fordham Law Review

No abstract provided.

All The King’S Lawyers, Rebecca Aviel

Fordham Law Review

No abstract provided.

Law's Penal-Professional World Order, Pilar Margarita Hernández Escontrías

Fordham Law Review

The attorney discipline regime has been propagandized as a necessary mechanism to police poor attorney conduct to protect the public. According to this myth, professional associations investigate attorney misconduct and impose sanctions, thus protecting the “noble profession” from attorneys who would tarnish its reputation. Violations of ethics rules lead to investigation, prosecution, and punishment by the state bar. In structure and language, state bars and judicial officers replicate the state in their use of disciplinary frameworks and regimes.

The self-regulating bar is a form of punitive governance used by the state to control entry into and expulsion from the profession. …

Training To The Tech: Fostering The Ethical Adaptation To And Adoption Of Emerging Technologies In The Practice Of Law, Raymond H, Brescia

Fordham Law Review

No abstract provided.

Socializing The Rule 2.1 Lawyer-Advisor, Casey E. Faucon

Fordham Law Review

No abstract provided.

Winging It: Convergence, Convivencia, And Belonging Of Latina Lawyers, Verónica C. Gonzales

Fordham Law Review

No abstract provided.

Chicana Professionalism: Embracing Greñas, Glitter & Boots, Luz E. Herrera

Fordham Law Review

No abstract provided.

Building A Professionally Socialized Immigration Bar: A Comparative Case Study, Jayanth K. Krishnan, Kunle Ajagbe

Fordham Law Review

No abstract provided.

“No Further Discussion Necessary”: Compliance As Professionalism In Legal Education, Sarah J. Schendel

Fordham Law Review

No abstract provided.

Rewired: Reconceptualizing Legal Services For The Ai Age, Lev E. Breydo

Faculty Publications

The legal profession is at a crossroads, caught between intensifying fears of AI-driven displacement and a generational opportunity for transformation. This Article provides a practical framework for navigating the shifting terrain.

Situating legal innovation within a multi-century arc of technological change, the Article draws on management and strategy scholarship to develop two core organizing models: the Legal Services Value Chain and the Innovation Frontier. The value chain disaggregates the lifecycle of a legal matter into five distinct nodes of activity, providing a map for subsequent analyses

Building on that foundation, the Innovation Frontier traces LegalTech’s evolution from 2000s-vintage e-discovery to …

Chicana Professionalism: Embracing Greñas, Glitter & Boots, Luz E. Herrera

Faculty Scholarship

The current political moment, where immigrant identity is scapegoated and academic freedom is threatened, requires an affirmation of personal identity, a recognition of personal struggle, and a celebration of resilience. This Essay embraces the ideas that professional identity development is temporal and that the current conceptualization of professionalism requires embarking on a reflection journey that addresses the dissonance between personal conscience and professional duty.   Part I briefly revisits the work of Professor Margaret E. Montoya, one of the first Chicana law professors that describes the formation of her professional identity as a law student. It explores the status of Latinas …

Hiding Elephants In Mouseholes: Judicial (Mis)Application Of The Federal Arbitration Act To Attorney-Client Arbitration Agreements, Gregory L. Smith

Pepperdine Dispute Resolution Law Journal

This article criticizes cases and commentary that assume, without argument, that the Federal Arbitration Act (FAA) and its decidedly pro-arbitration jurisprudence apply to determine the enforceability of private attorney-client arbitration agreements, thus preempting state bar rules governing disclosures that lawyers must otherwise provide to clients when proposing private, binding arbitration in place of bar-sponsored arbitration regimes. The author argues that applying the FAA and its jurisprudence to attorney-client arbitration agreements raises significant constitutional issues regarding the states’ recognized authority to regulate the legal profession—an issue that courts and commentators have simply ignored.

Outbound Investment Restrictions And International Law’S Challenge, Harlan Grant Cohen

Seattle University Law Review

The Outbound Investment Rule, restricting U.S. investment in certain Chinese advanced technology sectors, has largely been portrayed as an incremental measure, a modest extension to fill loopholes in the existing investment screening regime. But while perhaps the logical next step in the securitization of the economy, the Outbound Investment Rule actually reflects a momentous shift in the relationship between governments and business, one playing out in the United States and around the world and worth attention. Unlike traditional investment screening, the Outbound Investment Rule operates like a sanctions regime, designed not to protect the U.S. economy, but to hamper the …

Resilient Dispute Resolution Systems For International Energy Conflicts, Guillermo J. Garcia Sanchez

Seattle University Law Review

Energy-related conflicts are on the rise, spanning diverse issues such as the impacts of rare mineral mining on local communities, the impacts of sanctions on energy investments due to the Russia-Ukraine war, and the impacts of expanded subsidies on the electric vehicle and solar panel industries. Increasingly, companies, communities, and governments are clashing over the challenges of pursuing disparate and sometimes competing energy policies. This Article argues that dispute resolution mechanisms in the energy investment sector must be fundamentally rethought. Traditional semi-adjudicatory models, which focus on winners and losers, fail to accommodate the complex and multifaceted nature of contemporary energy …

Restricting Data Flows Is A Sign Of Weakness, Nikolas Guggenberger

Seattle University Law Review

There has been a seismic shift in American attitudes toward the free flow of data across borders.  In less than a decade, the United States has transitioned from condemning barriers to digital trade to constructing a digital fortress of its own. It passed legislation requiring TikTok’s parent company to divest its U.S. operations or face a nationwide ban affecting 170 million U.S. users, citing national security concerns about its ties to China and the potential for data surveillance and content manipulation. Upon legal challenge by TikTok on First Amendment grounds, the Supreme Court affirmed the ban’s constitutionality. Recent federal legislation …

Product Nationality And Corporate Identity, Trang (Mae) Nguyen

Seattle University Law Review

Global supply chains have long depended on a deceptively technical device: the attribution of a “nationality” to goods. A trade law principle, rules of origin assign products an “economic passport” that governs how they are treated at the border, including what markets they may enter and which tariff rates apply. In recent years, however, product nationality has taken on a new and far more ambitious role. As U.S. trade policy increasingly intersects with national security and human rights policy, policymakers rely on nationality-based measures to police supply chain linkages, curb geopolitical issues, and discipline firms for their links to forced …

Global Supply Chain Resilience In Emerging Technologies: A Case Study Of Bitcoin Mining, Kishanthi Parella, Carla L. Reyes

Seattle University Law Review

The United States has put into motion bold plans in critical and emerging technologies to bolster its national and economic security.  For example, the federal government created a national bitcoin strategic reserve and a stockpile of other cryptocurrency; while several states have committed to or are considering similar goals.  However, the security of these reserves is dependent on two types of supply chains within the Bitcoin mining industry: analogue supply chains, relating to the physical components needed for Bitcoin mining, and data supply chains, relating to the complex and layered logistical network of actors that create input into the software …

Volume 49 Masthead

Seattle University Law Review

Volume 49 Masthead

A Comparative Study Of Chinese And American Approaches To Shaping International Outer Space Law And Norms, Ariel G. Silverman

Seattle University Law Review

This article explores convergences and divergencies in the United States and PRC’s responses to the stalemate in the United Nations over the future of outer space resource governance. I do so by systematically analyzing these leading space-faring nations’ policy-positions and tactics deployed to shape norms around three substantive areas of outer space resource governance: rights of ownership and scope of utilization of space resources, mechanization of the “benefits sharing” principle, and the rights and responsibilities of the private sector. I theorize that these leading space-faring nations have adopted divergent approaches due to their differing historical relationships with international law and …