Legal Ethics and Professional Responsibility Commons^™

Neutral By Title, Professional By Practice: Ethics As Our Guiding Compass, Justice Tanya R. Kennedy

NYLS Law Review

No abstract provided.

How Court-Appointed Neutrals Can Be Truly Helpful To Judges And The Courts, Judge Timothy S. Driscoll, Kathleen N. Massey

NYLS Law Review

No abstract provided.

Court-Appointed Neutrals And Legal Education, F. Peter Phillips

NYLS Law Review

No abstract provided.

Racial Disparities In Maternal Mortality: The Role Of Explicit And Implicit Bias In U.S. Healthcare, Lailah Allen

Capstone Showcase

Maternal mortality in the United States remains a critical public health crisis, with disproportionately high rates among Black and other minority women. Despite advances in obstetric medicine, racial disparities in pregnancy-related deaths persist due to structural inequities, implicit bias in healthcare delivery, unequal access to prenatal and postpartum care, and broader social determinants of health. Nationally, Black women are significantly more likely to experience severe maternal morbidity and mortality compared to White women, reflecting longstanding inequities embedded within the healthcare system. This paper examines the relationship between race, healthcare access, and maternal outcomes through a focused case study of and …

Accountability For Lawyers And Lawyer-Bashers: Reflections On Wendel's Canceling Lawyers, David Luban

Georgetown Law Faculty Publications and Other Works

This article is part of a symposium on W. Bradley Wendel’s Canceling Lawyers: Case Studies of Accountability, Toleration, and Regret. I agree with Wendel’s two fundamental claims: first, and contrary to the reigning conception, lawyers can be held accountable for choosing to represent a particular client (assuming they have a choice), and therefore that they cannot use their professional role as a “magic shield or force field” (Wendel’s term) to deflect all criticism. Second, however, there is also an ethics of blaming, and critics who blame lawyers irresponsibly can themselves be blamed. One of Wendel’s examples is lawyers who …

Does It Matter What People Lie About?, Stefanie Jung, Peter Krebs, Monika Leszczynska

Faculty Scholarship

We investigate whether people’s moral judgments of lies in pre-contractual negotiations differ from their views on whether such lies should give the deceived party a legal right to rescind the contract, and whether these judgments depend on the content of the lie. In a vignette study with 832 German students and 885 participants from Germany, Italy, and the United States, respondents evaluated a range of common negotiation lies. Across samples, participants were generally more likely to deem a lie immoral than to believe it should justify rescission, but the size of this gap varied depending on the lie’s subject. Lies …

Equal Justice & Generative Ai, Milan R. Markovic

Faculty Scholarship

The United States has long suffered from unequal access to justice, with countless low-and middle-income Americans forced to navigate the legal system alone. Recently, prominent judges, lawyers, and scholars have seized on generative AI as a potential corrective. These techno-optimists maintain that ChatGPT and other large language models can demystify the law and address unmet legal needs. Chief Justice John Roberts has proclaimed that AI-based tools "have the welcome potential to smooth out any mismatch between available resources and urgent needs in our court system."

Although AI will be an increasingly important source of legal assistance for underserved populations, the …

Misinformation And The Law, Gustavo Ribeiro

Scholarly Articles in Law Reviews & Journals

This Article bridges critical gaps between the growing body of social science research on misinformation and the persistent challenges jurors face in evaluating potentially unreliable evidence in courtrooms. Misinformation—a pervasive issue undermining decision-making in democratic societies—mirrors the difficulties jurors encounter in distinguishing truth from falsehood amid compelling but unreliable evidence. The consequences of such challenges are dire: wrongful convictions, racial disparities, and the erosion of public trust in the legal system.

This Article is the first piece of legal scholarship to provide a comprehensive discussion of current research on the psychological mechanisms underlying susceptibility to misinformation—such as the illusory truth …

Policy Recommendations To Reduce False Confessions By Juveniles In Wrongful Conviction Cases, Rohit R. Iyer

CMC Senior Theses

This research focuses on false confessions by juveniles in the United States justice system. False confessions are statements made by suspects during investigations in which individuals provide statements to investigators admitting to a crime in which they had no part. In these cases, individuals often spend years, if not the entirety, of their lives behind bars for crimes they did not commit. False confessions are the result of a number of systemic factors that will be discussed in this paper. While relatively rare, they are one of the largest blemishes in the U.S. justice system. Juveniles – individuals below the …

Pesos For Pesos And No One Feels At Home: Gentrification And Displacement In Mexico City, Sophia L. Castellanos

CMC Senior Theses

This thesis investigates how gentrification and displacement have affected Mexico City, providing historical context and reasoning behind current policies for digital nomads and tourists. It examines policies enacted in similar cities such as Barcelona, Amsterdam, and Venice, which face challenges from increased tourism and short-term rentals like Airbnb. The thesis also reviews these regulations, highlighting their successes and limitations, and offers recommendations for integrating some of these strategies into Mexico City’s 2024 Tourism Law. Additionally, it explores public innovation strategies that could promote collaborations between the government and communities rather than complete government control. Finally, the paper discusses the challenges …

Revisiting Law Society Disciplinary Powers Over The Attorney General: Professional Discipline For Policy Decisions?, Andrew Flavelle Martin

Articles, Book Chapters, & Popular Press

In this article, I assess whether the law society can, and should, discipline the attorney general for their policy decisions and those of the cabinet. In addition to a parallel to policy immunity in tort law, I also consider other potential restrictions applicable to policy decisions, including the scope of parliamentary privilege—and related concepts—as apparently broadened in more recent decisions by the Supreme Court of Canada.

This article consists of five parts after this introduction. I begin in Part II by revisiting the statutory jurisdiction of the law society and the impact of the rule of law considerations embodied in …

Hallucinated Legal Presentations In Civil Trial Courts, Jeffrey Parness

Cardozo Law Review de•novo

Increasingly, hallucinated legal presentations are being discovered and sanctioned in U.S. federal and state civil trial courts. Such presentations encompass papers that are signed, filed, submitted, or advocated, which contain nonexistent legal sources, whether case precedents, statutes, court rules, administrative regulations, or otherwise. These presentations may be discovered by judges, presenting lawyers, opposing lawyers, unrepresented parties, or witnesses.

Moral Progress In Legal Doctrine, Philip Petrov

Faculty Scholarship

This article integrates the concept of moral progress – here, moral improvement in the thinking and behavior of individuals over time – into the study of legal doctrine. The article first presents a naturalistic account of what moral progress is and describes three of its most historically and analytically important forms: (1) moral circle expansion, (2) moral domain expansion, and (3) increasing sensitivity to proportionality. The article then analyzes three historical developments in U.S. tort law that qualify as instances of moral progress: (1) the partial demise of the “suicide rule” beginning around the 1980s (according to …

Trust Is Difficult To Gain, Yet Easily Broken: The Impact Of Negative Police Encounters On Police–Community Relations, Brooke J. Pirozek

Honors College Theses

Trust between law enforcement agencies and their respective communities is arguably one of the most contentious issues within contemporary criminal justice research in the United States. This is because, despite the fact that law enforcement institutions rely significantly on the public's assistance and cooperation in fighting crime and enforcing social order, there still exist negative relations between law enforcement and their communities, mainly attributed to feelings of unfair treatment, abuse of power, and a lack of accountability. This study seeks to understand the role of negative police encounters in shaping community trust and perceptions of police legitimacy, with a special …

Politics As Usual: Racial Pay Inequity And The Illusion Of Inclusion In The Rise And Fall Of Diversity, Equity, Inclusion, And Accessibility Executive Orders, Francois C. Melville

West Chester University Graduate Theses, Dissertations, and Final Projects

This research examines pressing moral policy questions of our time: who determines when the United States of America has fulfilled its broken promise of equality for all, and what constitutes an appropriate measure of reparative justice. It interrogates why the Diversity, Equity, and Inclusion (DEI) Executive Orders (EOs) implemented across presidential administrations, intended to advance social equity, were grounded in conflict and symbolic gestures rather than scientifically evidenced issues such as wage inequality directly linked to upward career mobility. Race conscious policy generates cultural clashes centered on the perception that gains made by Black and Brown Americans come at the …

Uncorrected, Janet Freilich, W. Nicholson Price Ii

Faculty Scholarship

In addition to making rules and deciding outcomes, the legal system generates, curates and shares information. When the system gets rules and outcomes wrong, it is obviously a problem, and much effort (and scholarly attention) goes into identifying those mistakes and fixing them. But the system also gets information wrong; a problem mostly overlooked by policymakers and scholars. Those information mistakes matter too: they are prevalent and harmful. We show here that even when the mistakes are widely known and the errors broadly acknowledged, the information very often goes uncorrected. As a result, people make decisions based on bad information …

Sanctioning Lawyer-Criminals, John J. Lee

Faculty Articles

Until now there has been relatively little consideration given to disciplinary agencies’ sanctioning of lawyers who commit or are convicted of crimes, so called “lawyer-criminals.” This is likely because most assume that these offenders make up a tiny percentage of disciplinary cases. It also may explain why jurisdictions continue to employ disparate approaches regarding what types of criminal conduct warrant professional intervention, the appropriate sanctions to impose on lawyer-criminals, and whether lawyers convicted of certain offenses should be automatically excluded from practice.

This Article makes three primary contributions to the discourse on reforming professional lawyer regulation to protect the public …

Trolling The Rule Of Law: Presidential Lawfare, The Stalingrad Defense, And The Lawyers, David Luban

Georgetown Law Faculty Publications and Other Works

This paper, part of a symposium on presidential lawfare, examines the so-called “Stalingrad Defense”—a strategy of total procedural obstruction—within the broader phenomenon of rule-of-law backsliding facilitated by legal professionals. By exhausting judicial resources and weaponizing procedural delays on behalf of political leaders, such lawyers do not merely defend a client; they actively participate in subverting the institutional foundations of democracy. I argue that the standard conception of legal ethics, which emphasizes neutral partisanship and zealous advocacy, is fundamentally inadequate to capture the wrongfulness of lawyers who use legal tools to dismantle the legal system itself. In its place, I propose …

Parity In Practice: The Defender's Duty To Ethically Use Ai, Mason R. Clark

Faculty Articles

This white paper provides a framework for ethical and practical AI use across all types of criminal defense practice, grounded in the ABA Model Rules of Professional Conduct and best practices as described by practitioners, academics, and other experts. While AI tools can meaningfully improve efficiency and expand analytical capacity, those benefits are highly contingent on tool selection, implementation, and oversight. The white paper also recognizes that cost, access to training, and institutional resources remain significant barriers — particularly for solo practitioners, small firms, and under-resourced public defense offices — and discusses AI throughout as a set of tools whose …

Teaching Cross-Cultural Communication In Law School: Lessons From Medicine, Social Work, And Business, Mireille Butler, Jaclyn Celebrezze

Articles

Legal clients in the United States are increasingly multilingual and multicultural. More than 71 million people living in the United States communicate in a language other than English. Consequently, the lawyer’s duty of shared understanding is taking on new meaning. With the advent of ABA Ethics Opinion 500, cross-cultural communication skills are a lawyer’s ethical duty and a law school’s mandate. Additionally, ABA Standard 303(c) and the potential of increased experiential learning credit requirements make clear that immediate curricular changes are needed. To prepare for the modern practice of law, tomorrow’s lawyers need to develop cross-cultural skills while in law …

Ghosts At The Gate: A Call For Vigilance Against Ai-Generated Case Hallucinations, Christina Frohock

Articles

No abstract provided.

Federal Judicial Misconduct: The Need For Higher Standards On Lower Courts, Nino C. Monea

Villanova Law Review (1956 - )

No abstract provided.

Legal Ethics, Patrick Emery Longan

Mercer Law Review

This Survey covers the period from June 1, 2024–May 31, 2025. The Article discusses developments with respect to lawyer discipline, bar admission and reinstatement, malpractice, ineffective assistance of counsel, disqualification of counsel, judicial misconduct and recusal, attorney’s fees and liens, contempt and other sanctions, unauthorized practice of law, attorney-client privilege, prosecutorial misconduct, amendments to the Georgia Rules of Professional Conduct, advisory opinions, one miscellaneous matter, and potential reforms to the delivery of legal services.

Lost In Translation: How The Criminal Justice System Fails Individuals With Autism, J.Mckenna Harris

Master of Arts in Human Services

Adults with autism spectrum disorder face significant challenges throughout the criminal justice system, from initial police contact through incarceration. This capstone examined how the core features of autism, literal language processing, difficulty reading social cues, sensory sensitivities, and executive function deficits, create vulnerabilities that legal professionals frequently misunderstand. The literature review revealed a consistent pattern: behaviors rooted in autism are routinely misinterpreted as signs of guilt, defiance, or lack of remorse. During interrogations, individuals with autism are highly susceptible to false confessions because they struggle with abstract legal language, tend to comply with authority figures, and cannot predict the consequences …

¿Cómo Se Dice, "Liberty And Justice For All Cannot Exist Without Equal Access For All" En Español?, Turner Denise Reynolds

Kentucky Law Journal

No abstract provided.

Modern Technology Addiction: Developer Duty Of Care, Jonah Hampton

Honors College Theses

Technology addiction includes any frequent use of technology which interferes in the user’s life. The subject continues growth as an epidemic and research field, yet prior literature does not often analyze the role of technology developers. This study performs a literature and legal synthesis to evaluate user and company responsibility, implications of responsibility, and promising solutions. Post 2020 literature was selected for coverage on context, addictive features, effects, solutions, or perspectives on law. Legal examples from different addiction industries were also selected for analysis to understand previous precedents. The study found a pattern of addictive traits, persuasive design, and recurring …

Greenhat’S Greenlight To The Cftc: The Case For A Jurisdictional Shift Of Financial Transmission Rights From The Federal Energy Regulatory Commission To The Commodity Futures Trading Commission, Timothy K. Shaw Ii

DePaul Business & Commercial Law Journal

Regional Transmission Organizations and Independent System Operators are a relatively new platform to buy and sell wholesale electricity and transmission service of that electricity. These groundbreaking organizations have been around since 1996 after the Federal Energy Regulatory Commission (“FERC”) issued Order 888. FERC regulates the physical electricity wholesale sale and transmission service market managed by a Regional Transmission Organization (“RTO”) or Independent System Operator (“ISO”),through its Federal Power Act mandate. Many RTOs and ISOs offer a product called a Financial Transmission Right (“FTR”). Traditionally, FTRs assist the holder by providing price certainty, or a hedge, in the capacity market. This …

Choosing The Best Entity For Investments Trading After Understanding The Tax Limitations And Restrictions, Ray A. Knight, Joseph Lakatos

DePaul Business & Commercial Law Journal

The trading of various securities is subject to market rules. However, when securities trading is completed within a business entity, the entity is subject to tax limitations and restrictions. The tax benefits cannot be the dominant purpose for the entity structure; economic substance including profit motive and business purpose for each transaction must be able to be shown.

The trading of investment securities must be housed in the right entity to gain the best economic results as well as to minimize the tax burden. The entity selection process must first consider the characteristics and nature of the securities (e.g., currencies, …

Volume 23 - Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.

School And District Leaders’ Understanding Of Technology Organizations’ Cyber Business Practices, Jayejaye Johnson

Journal of Educational Research and Practice

Educational technology (EdTech) interoperability throughout cyberspace provides the financial opportunity to collect and sell student privacy information in digital learning environments, challenging school leaders to govern schools and keep children safe. School leaders provide the resources, funding, planning, decision making, and administration for EdTech cybersecurity practices and policies, yet little is known about what public school leaders understand. A quantitative study was designed using primary data collected from an online survey. Four research questions guided this study: What are the differences in cybersecurity practices and policy response scores (1) between male and female school leaders; (2) among leaders with different …