Legal Ethics and Professional Responsibility Commons^™

Tidal Waves Of Mental Health Damage: Effects Of The 2024 U.S. Election, Mary Anne Layden

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Public Opinion And Judicial Decision-Making: A Relationship Explored Through Interviews With Local, State And Federal Judges Within Mobile County, Alabama, Bella Gin

Honors Theses

Civilians and legal scholars alike often speculate how judges rule and what contributes to their decision-making. Acknowledging this conundrum and combining it with my own interests in the legal field, I attempt to explore how some judges located within Mobile County perceive public opinion and what factors direct their rulings over their respective case dockets. Through seven, semi-structured interviews, I ask each judge a series of questions regarding their backgrounds, decision-making methodologies, thoughts on public opinion relevancy, and application of their approaches to their judgeships. Analysis of the interviewees’ responses reveals data that suggests the judges have a somewhat ambivalent …

An International Prosecutor As U.S. Special Counsel, Cody Corliss

Utah Law Review

The appointment of Jack Smith to investigate then-former President Donald Trump brought to the fore the essential qualities for special counsels who act when a conflict of interest precludes investigation by the Department of Justice. Most attention on Smith centered on his domestic work and its correlation with a special counsel’s responsibilities. That emphasis, however, obscured the most salient line on his resume: international investigator and prosecutor. The conclusion of Smith’s tenure as special counsel following the election of Donald Trump to a second term as president provides an opportunity to consider the skills and qualifications that matter most in …

Filarsky’S Dilemma: Qualified Immunity For Private Actors And Its Potentially Negative Impact On Policing, Timothy Joseph Mondloch

University of Miami Race & Social Justice Law Review

No abstract provided.

Brief Of Amici Curiae 775 Law Professors In Support Of Plaintiff's Motion For Summary Judgment And Declaratory And Permanent Injunctive Relief, Wilfred U. Codrington Iii, Haiyun Damon-Feng, Rebecca Ingber, Rachel Landy, Jacob Noti-Victor, Alexander A. Reinert, Anthony J. Sebok

Amicus Briefs

Amicus curiae brief submitted by 775 law professors in support of Susman Godfrey LLP's motion for summary judgment and request for declaratory and permanent injunctive relief in Susman Godfrey LLP v. Executive Office of the President. The brief argues that Executive Order 14263 unlawfully targets a law firm based on its clients, advocacy, and litigation activities, in violation of the First Amendment, Fifth Amendment, and Sixth Amendment. The amici contend that the order constitutes impermissible viewpoint discrimination, interferes with the right to counsel, and threatens the independence of the legal profession and the rule of law.

The Legal Cybersecurity Crisis: Potential Resolutions And Artificial Intelligence Implications, Ava R. Warrick

Senior Honors Theses

As cybersecurity becomes more relevant in the digital age, law firms have overlooked protections from cyberattacks, and this neglect has led to irreversible client data breaches. This thesis sought to investigate cybersecurity vulnerabilities in law firms and to theorize potential solutions using a literature review methodology. The research questions for this project are: What are the most effective cybersecurity protections for United States law firms, and should those cybersecurity protections utilize AI-based systems? In response, this thesis posits three claims. First, the central factors that contribute to inadequate law firm cybersecurity are as follows: lack of governmental oversight over legal …

The First Of All Freedoms: Free Speech, Antisemitism, And Lessons For The Jewish Community From The Dreyfus Affair, Jacob Burns Center For Ethics In The Practice Of Law, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Joel Swansin

2025 Event Invitations

Join us for a thought-provoking talk with Professor Joel Swanson of Sarah Lawrence College as he explores the intense debates over free speech and its boundaries within the French Jewish community during the Dreyfus Affair. At this pivotal time, French Jews debated extensively the question of whether there should be limits on speech in the name of protecting the Jewish community. By examining these historical debates and their outcomes, Professor Swanson will highlight parallels with the current discussions surrounding American Jews, pointing to historical precedents for lessons about how to approach current controversies. This event

Jenner & Block Llp V. Doj: Brief Of Amici Curiae 676 Law Professors In Support Of Plaintiff's Motion For Summary Judgment And For Declaratory And Permanent Injunctive Relief, Nicholas C. Howson, Leah Litman, Kyle D. Logue, Gabriel S. Mendlow, Leonard Niehoff, Richard Primus, Rebecca Scott

Appellate Briefs

Amici 676 law professors submit this brief in support of Plaintiff Jenner & Block’s Motion for Summary Judgment and for Declaratory and Permanent Injunctive Relief (the “Motion”) to emphasize the threat that the President’s Executive Order (the “Order”) presents to the independence and integrity of the legal profession, the rights of clients to seek redress in the courts, and, by extension, the rule of law. As experts in constitutional law, legal ethics, and the history of the legal profession, among other fields, we have a significant interest in ensuring that the principles of free speech, freedom of association, the right …

Brief Of Amici Curiae 676 Law Professors In Support Of Plaintiff’S Motion For Summary Judgment And For Declaratory And Permanent Injunctive Relief, Wilfred U. Codrington Iii, Rebecca Ingber, Rachel Landy, Jacob Noti-Victor, Alexander A. Reinert

Amicus Briefs

Amici 676 law professors submit this brief in support of Plaintiff Jenner & Block’s Motion for Summary Judgment and for Declaratory and Permanent Injunctive Relief (the “Motion”) to emphasize the threat that the President’s Executive Order (the “Order”) presents to the independence and integrity of the legal profession, the rights of clients to seek redress in the courts, and, by extension, the rule of law. As experts in constitutional law, legal ethics, and the history of the legal profession, among other fields, we have a significant interest in ensuring that the principles of free speech, freedom of association, the right …

Artificial Intelligence: An Impetus To Amend The Aba Model Code Of Judicial Conduct, Davis G. Yee

St. Mary's Journal on Legal Malpractice & Ethics

Notwithstanding the increasing prevalence of artificial intelligence or AI in the legal field, Chief Justice Roberts recently predicted that “human judges will be around for a while.” The reason is that at this time, AI cannot perform judicial mental functions as well as human judges can in deciding cases. Yet, instead of having AI replace human judges, some have explored whether AI can be used to assist human judges with their adjudicative and administrative responsibilities.

This Article focuses on a judge’s ethical obligations when encountering AI on both sides of the bench. That is, what do judicial ethics call for …

Mindful Lawyering: Incorporating Mindfulness Into The American Bar Association’S Model Rules Of Professional Conduct, Lyda Creus Molanphy

St. Mary's Journal on Legal Malpractice & Ethics

No abstract provided.

Don’T Byte Off More Than You Can Chew: Ethical Considerations For The Estate Planner In The World Of Generative Artificial Intelligence, Gerry W. Beyer

St. Mary's Journal on Legal Malpractice & Ethics

Artificial intelligence (AI) is rapidly being incorporated into estate planning practices. AI products can increase the speed by which you prepare, review, and summarize estate planning related documents, tax returns, and client communications. Likewise, the speed by which you can conduct legal and financial research is faster than ever. This presentation is designed to explain how AI operates, the potential use of AI in your practice, warnings about the use of AI, techniques you may adapt to enhance your AI competency, and how to address the ethical issues that arise when using AI.

When Can A Lawyer Lawfully Use Threats When Negotiating?, James M. Fischer

St. Mary's Journal on Legal Malpractice & Ethics

This Article focuses upon a basic negotiation device—a threat, used in a particular context—threats contained in settlement demand letters. In some, but not all, cases, however, the threat may be deemed a crime (extortion), in which case, the lawyer may be subject to sanction (criminal or civil liability, professional discipline) for making the threat. This consequence has, however, been largely ignored in academic literature. That is unfortunate, for it appears that many lawyers are unaware of the risks negotiation threats present because the risk is not well defined in the professional codes lawyers would normally look to for guidance.

This …

Sighting The Scope Of A Lawyer’S Representation, Douglas R. Richmond

St. Mary's Journal on Legal Malpractice & Ethics

Clients engage lawyers for many reasons. Regardless of the circumstances, however, the lawyer and the client need to agree on the scope of the lawyer’s representation, meaning the legal services the lawyer will perform for the client. The client must agree to and understand the scope of the lawyer’s representation as aspects of establishing her objectives for the matter and thereafter evaluating whether the lawyer is achieving those objectives. The client must also understand the scope of the representation to be able to decide whether the matter’s potential expense justifies its pursuit and to gauge the reasonableness of the lawyer’s …

The Law Of Disqualification And Problems With The Supreme Court Code Of Conduct, Donald K. Sherman, Marco A. White, Virginia Canter

Fordham Law Voting Rights and Democracy Forum

In this Article, we analyze the federal disqualification statute applicable to federal judges, magistrates, and Justices of the Supreme Court as compared to the disqualification provisions of the United States Supreme Court Code of Conduct and detail the ways in which the standards contained within the Code are contrary to law and history. To provide proper context, we examine the history, case law, and statutory framework that have created the current standards of judicial disqualification for all Article III judges and Justices. We demonstrate that the Court is bound to apply disqualification procedures in accordance with the United States Constitution, …

Killing Kindness: How Law School Honor Codes Miss The Mark On Moral Character, Jordan Stevenson

Legal Writing Competition Winners

Do law schools foster a culture of kindness? This essay argues that law schools’ policies do not adequately address non-academic misconduct, resulting in university policies that fail to promote good moral character. This argument is supported by analyzing a sample of law school student conduct and honor codes, examining anecdotal evidence of law school experiences, and looking at American Bar Association (ABA) regulations. This essay concludes that current honor codes are inconsistent and insufficient and provides suggestions to improve the Model Rules of Professional Conduct, add a Standard for ABA law school regulation, and institute honor codes regarding non-academic misconduct.

Three Distinguished Judges To Hear Final Arguments In Sherman Minton Moot Court Competition, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

A panel of three distinguished judges will hear final arguments in the Indiana University Maurer School of Law’s Sherman Minton Moot Court Competition on Friday, April 4.

The Hon. Diane S. Sykes, Chief Judge of the U.S. Court of Appeals for the Seventh Circuit; the Hon. Richard L. Young, Senior Judge for the U.S. District Court for the Southern District of Indiana; and the Hon. Alison Conlon, Judge on the Circuit Court of Cook County (Ill.) will hear arguments in the DeLaney Moot Court Room beginning at 5 p.m.

The jurists will also meet with students before the event.

The Climate Whisperers, Cale Jaffe

Michigan Journal of Environmental & Administrative Law

Environmental groups and their allies have seen two of the bedrock statutes of modern environmental law (the Clean Air Act, Clean Water Act) eroded through recent decisions from the Supreme Court. At the same time, political polarization around climate policy- the gap between Republicans and Democrats on whether worsening global warming merits a response- is wider than it has ever been.

Despite these dispiriting headwinds, there are some encouraging counterpoints of recent climate progress in politically conservative communities. The heart of this essay is simply sharing these stories so we can learn from them. I label the advocates who succeeded …

From Civic Duties To Democratic Mandates: The Theoretical Framework Of Mill And Tocqueville On Compulsory Voting In The U.S., Olivia Claire Luttrell

Undergraduate Honors Theses

This thesis examines the treatment of jury duty and voting in the United States through the philosophical framework of John Stuart Mill and Alexis de Tocqueville. While jury duty is legally mandated, voting remains optional, despite both civic responsibilities being foundational to democratic participation. This research explores the historical, theoretical, and practical implications of voting becoming compulsory in the United States, as it is in other democratic nations. The analysis includes a comparative case study of the impact of Australia’s mandatory voting to evaluate whether it could become compulsory in the U.S. Both philosophers offer insightful knowledge on the role …

Christian Ethics And Business Leadership, Jon Armajani

The Journal of Social Encounters

This essay discusses the ethical principles of listening, community, stewardship, and interreligious and intercultural understanding with respect to business leadership. It opens by discussing definitions of ethics and their relevance to businesses and business leaders. It continues by providing a description of the consulting company Accenture’s ethical principles and practices, as positive examples. The essay provides Arthur Andersen and its work with Enron and WorldCom, both of which went bankrupt in the early 2000s, as examples of the failures that occur when ethical principles are not practiced. Then, the essay states that Christianity and the Benedictine tradition constitute a basis …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Re-Imagining Tomorrow: A Technology, Innovation Law, And Ethics Symposium On Addictive Technology And Children, Margaret Chon

Seattle University Law Review

In this Foreword, Professor Margaret Chon introduces Seattle University's Technology, Innovation Law, and Ethics (TILE) program, the 2024 TILE Symposium, and Dr. Gaia Bernstein’s Unwired: Gaining Control Over Addictive Technologies.

Keynote Address: The Movement To Protect Kids From Addictive Technologies, Gaia Bernstein

Seattle University Law Review

In this keynote address, I describe my personal journey starting with a school outreach program I created in 2017 to address technology overuse among kids. While I initially advocated for self-help methods, I grew to recognize that the tech industry bore responsibility. This realization led me to write Unwired: Gaining Control over Addictive Technologies, which focused on collective action to pressure the tech industry to redesign its addictive products.

I then describe the movement to control addictive technologies and protect kids, which has gained momentum since the end of the pandemic. This movement combines grassroots parent activism with legal-political action. …

Moral Panic Or Public Health Crisis? Lessons From Drugs And Gambling For “Addictive” Design, Matthew B. Lawrence, Haomin (Kevin) Yan

Seattle University Law Review

Alcohol, automobiles, guns, lottery, loot boxes, meat, music, opioid painkillers, processed foods, prop bets, slot machines, television, tobacco, violent video games. Over the last century each of these has been subject to concerns—some might even say “moral panics”—from parents and policymakers about avoidable harms to kids and adults. In some cases we look back with the benefit of hindsight and dismiss those concerns as naïve or moralistic. In others we look back at them as justified or as having come too late to check an expanding industry before it did unfathomable harm while growing so powerful that it became all …

Responding To Digital Addiction, Ned Snow

Seattle University Law Review

In Unwired: Gaining Control over Addictive Technologies, Professor Gaia Bernstein calls our attention to the growing problem of digital addiction. Digital addiction may sound like something out of a science-fiction novel or something that does not raise the same sort of real-life practical concerns as are present in a physical health crisis or an economic decline. But as Bernstein presents the evidence, we learn that the consequences of digital addiction can be just as harmful as a serious disease or a financial depression. Cognitive development disorders, anxiety, emotional depression, social isolation, and other mental health ills can be debilitating—as much …

The Ai Doppelgänger Dilemma: Cloned Voices In The Music Industry, Elizabeth Shields

Seattle University Law Review

With the rise of generative artificial intelligence (AI), there has been an influx of “voice clones”—deep-learning algorithms that create synthetic speech to realistically mimic human voices. Celebrities and, in particular, music artists, have been subjected to the proliferation of AI voice clones on social media platforms like TikTok and streaming platforms such as Spotify. Despite music utilizing AI voice clones having amassed much popularity, this technology can be harmful and highly invasive to musicians whose livelihoods often depend on their distinct voices. While legal scholars have attempted to articulate various rights that could protect a person’s voice, individuals are largely …

Let The Sunshine In: Crafting Constitutional Transparency Regulations For Content Moderation, Caitlin Ring Carlson

Seattle University Law Review

In response to public concern about the impact of social media, legislators in some U.S. states have developed laws to regulate the process of content moderation. Many include mandatory transparency and disclosure requirements, some of which courts have already deemed an unconstitutional infringement on social media platforms’ right to free expression. This article explores the parameters for crafting constitutional social media transparency regulations using existing U.S. media policy and insights from recent legal challenges. The resulting analysis identifies content neutral transparency requirements that mandate the disclosure of purely factual, non-controversial information as those most likely to withstand judicial scrutiny. Specifically, …

This Is Not A Game: The Addictive Allure Of Digital Companions, Nizan Geslevich Packin, Karni Chagal-Feferkorn

Seattle University Law Review

Artificial Intelligence (AI) agents have become an inescapable part of modern childhood, reshaping education, leisure activities, entertainment, and social interaction. From AI-powered tutors that adapt to individual learning styles to emotionally responsive chatbots that simulate human companionship, these systems promise unprecedented personalization, cognitive stimulation, and social support. However, these benefits mask significant risks that remain unregulated and inadequately addressed.

Although adults are also susceptible to forming deep emotional bonds with AI companions—often trusting them as if they possessed genuine understanding and empathy—children are particularly vulnerable. Their misplaced trust can more severely distort social development, weaken critical thinking, and foster unhealthy …

Mapping State Reactions To The Icc Arrest Warrants For Netanyahu And Gallant, Rebecca Ingber

Online Publications

On Thursday, the International Criminal Court (ICC) announced it had issued arrest warrants for Benjamin Netanyahu, the Prime Minister of Israel, and Yoav Gallant, the former defense minister, in connection with alleged crimes committed in the ongoing armed conflict between Israel and Hamas. In doing so, the Court rejected as premature Israel’s challenge to the Court’s jurisdiction. The Court’s decision to issue a warrant for the sitting Prime Minister of a state, which is notably not a party to the Rome Statute, also demonstrates the Court’s embrace of its prior controversial decision on immunity, namely that customary international law does …

Can Prosecutors’ Offices Preserve Public Confidence In Their Nonpartisanship—And, If So, How?, Bruce A. Green, Rebecca Roiphe

Fordham Law Review

No abstract provided.