Volume 36, Issue 4 (Fall 2023)

Notes

The Inadequacy of Objectivity for a Feminist Movement: How the Pro-Choice Movement Failed Women of Color and Its Own Agenda

Sophia Arbess

Time to End the Chaos: A Call for Regulatory Reform on the Online Food Labeling System

Yue Bai

Remedying Conflict of Interest Issues in Public Health Bodies

Conor Bigley

Under Pressure: The Effects of Dobbs on Lawyers Advising Abortion Providers

Abigail L. Cahn-Gambino

The Intersection of Civil Rights, Religious Liberty, and Infectious Disease

Ezra Clark

Fairness and Due Process in Class Settlements: Analyzing Amchem and Stephenson

Chase W. Gordon

Environmental (Non)disclosure and the SEC’s Proposed Solution

Emma R. Howard

Lawyers’ Obligation to Decline Representation for Morally Reprehensible Clients in Animal Law

Hana Khan-Tareen

Ethical lawyering, attorney-client privilege, and dual–purpose communications in light of In re Grand Jury

David Kim

Non-Disclosure Provisions in Medical Malpractice Settlements: The Silent Killer of Accountability and Patient Safety

N. Joshua Morris

The Independent Attorney General: An Analysis of Why the Office Should be Insulated from Presidential Political Imperatives

Andrew Nisco

The Office of Congressional Discipline: Reforming Congressional Misconduct Investigations by Bringing Investigations In-House

Michael Parola

The Vaccine Monologues: Federal Vaccine Policy and SIRVA’s Place in the Vaccine Injury Compensation Program

Alexa S. Perlmutter

Practicing Ethically in Virtual Environments and the Rise of Remote Proceedings in a Post COVID-19 Era

Margaret Romanin

ERISA as a Solution to Insurer Abrogation of Responsibility in the Face of the Opioid Crisis

Zachary Semple

Balancing Liberal Ideals with the Use of a Cultural Defense

Emma Skowron

Plain Language in the Written Law

Leen van Besien

The Dobbs Leak as an Illustration of the Impasse Between Legal Ethics and Reality

Elizabeth Yoder

Volume 36, Issue 3 (Summer 2023)

Articles

Race Ethics: Colorblind Formalism and Color-Coded Pragmatism in Lawyer Regulation

Anthony V. Alfieri

Human Rights and Lawyer’s Oaths

Lauren E. Bartlett

Creating Architects of Justice: A Gift from Modern Ethics to Brady on Its 60th Anniversary

David A. Lord

Give Me a Break: Regulating Communications Between Attorneys and Their Witness-Clients During Deposition Recesses

Brian R. Iverson

Volume 36, Issue 2 (Spring 2023)

Articles

Harmonizing Legal Ethics Rules with Advocacy Norms

Dane S. Ciolino

Judicial Ethics and Identity

Charles Gardner Geyh

Imposing Lawyer Sanctions in a Post-January 6th World

Alex B. Long

“They Don’t Know What They Don’t Know”: A Study of Diversion in Lieu of Lawyer Discipline

Leslie C. Levin and Susan Saab Fortney

Volume 36, Issue 1 (Winter 2023)

Articles

Taking on the Ethical Obligation of Technology Competency in the Academy: An Empirical Analysis of Practice-Based Technology Training Today

Jessica De Perio Wittman and Kathleen (Katie) Brown

Legal Ethics Education: Seeking—and Creating—a Stronger Community of Practice

Justine Rogers

Introverted Lawyers: Agents of Change in the Legal Profession

Chloe Sovinee-Dyroff

Book Review

Rumors of the Death of BigLaw Are Greatly Exaggerated Reviewing Mitt Regan & Lisa H. Rohrer, BigLaw: Money and Meaning in the Modern Law Firm (University of Chicago Press 2021)

W. Bradley Wendel

Volume 35, Issue 4 (Fall 2022)

Notes

Settling for Less? An Analysis of the Use of Settlement Agreements to Mitigate Non-Communicable Diseases

Kayla Ahmed

Ethical Considerations for Lawyers Engaging in Union-Avoidance Persuasion, Including the Impact of the “Persuader” Rule

Daphne Assimakopoulos

Ethically Ignoring Impeachment Efforts: Historical Case Study of the Politics of the Impeachment Efforts of Justice Douglas

Brett Bethune

How Should Legal Ethics Rules Apply When Artificial Intelligence Assists Pro Se Litigants?

Brooke K. Brimo

Our Collective Misunderstanding: The True Purpose of the Supreme Court

Molly Connolly

Cash Cow: The Futility of Monetary Sanctions as a Deterrent for Post-Election Litigation Abuse

Blake W. Cowman

Sentenced to Life Without Parole: The Need to Apply Capital Sentencing Procedures to Current LWOP Sentencing Schemes

Rachel Demma

If Not Congress, Then Whom? Making the Case for Greater Legislative Oversight of Executive Immigration Policy

Anashua Dutta

The Ethical Landmines of Dual Service: United States v. Holmes

Sabrina Elliott

No Damage Without Damage Control: The Judiciary’s Refusal to Engage with the Foreign Affairs Docket

Elliott Fuchs

Protest Lawyering

Eliana Geller

The Attorney’s Duty to Democracy: Legal Ethics, Attorney Discipline, and the 2020 Election

Alex Goldstein

Holding Juries Accountable: Assessing the Right to a Competent and Unimpaired Jury in Light of Tanner and Federal Rule of Evidence 606(b)

Caden A. Grant

A Prosecutorial Duty to Seek Non-Custodial Sentencing

Mason Grow

Legitimizing the ‘Illegitimate’: How the Supreme Court Can Restore its Legitimacy in the Public Eye

Mo Kahn

The Pierced Privilege: Challenges to How Congress Vitiates the Attorney-Client Privilege

Rocky Khoshbin

Inconceivable: Impossible Consent and Your Internet Service Provider

Abigail A. Kunkler

Unusual (and Unconstitutional?) Prosecutorial Models and a Recommendation for Reform

Maryanne Magnier

An Ethical Obligation to Publish Opinions in Qualified Immunity Case

Joseph R. Mattis

Modern Anti-Capitalist Thought in Corporate Social Responsibility

Grace Mayes Schieffer

Balancing Private and Public Interests in Historic Preservation: It May Be Constitutional, But Is It Right?

Camryn McGinnis

The Office of Legal Counsel’s Client is the President: Why the Model Rules Demand a Secretive Agency Identify its Boss

Justin Wm. Moyer

Evaluating Conduct and Behavior Questions as Replacements for Specific Mental Health Inquiries on Bar Applications: Assessing the ADA Compliance of the New Questions

Lydia Nagelhout

Building an Accessible, Affordable, and High-Quality Legal Education: Developing Objective Criteria to Evaluate the Effectiveness of Regulatory Interventions 

Madeline O’Brien

The EU Volunteered to Lead the Vanguard in the Fight Against Climate Change, but Will the WTO Let It?

Raul Orozco

First Amendment and the Rule of Law: Lawyers and Their Duty to Democracy

Claris Park

Covered? Insurance Viability in the New Space Age

Josh Raizner

“Vaulting into the End Zone”: How Lessons from the Senate’s USA Gymnastics Investigations Can Prevent the House from Fumbling its Washington Commanders Inquiry

Stephanie Rigizadeh

The Regulation of Pediatric Naturopathy and Recommendations for Improvement

Erin P. Ringel

Drawing a Portrait of Confidence: One Resolution to Legitimate Voter Concerns in the Shadow of Illegitimate Violence

Shane Sanderson

Crime Scene Staging: A Denial of Justice

Samson D. Su

Don’t Mind the Gap: Practical and Ethical Consequences of Domestic Planetary Protection Regulations

Kane Yutaka Tenorio

The Ethical Sports Lawyer: Does Avoiding Conflicts of Interest Mean Avoiding Competition?

Lise Vitter

How Notions of Professional Independence Constrain Lawyers

Mikki Weinstein

Passing the State Bar but Not Your Local Bar? The Effects of Rising Alcohol Consumption on Noncommunicable Diseases and What the Legal Community Can Do to Protect Attorneys

Jeff Willis

Private Attorney or Public Defender?: Negotiating Plea Deals in an Age of Mass Incarceration

Nathan Winshall

Volume 35, Issue 3 (Summer 2022)

Articles

The Real and Imagined Beneficiaries of Legal Ethics

Adam Raviv

The Access and Justice Imperatives of the Rules of Professional Conduct

Eli Wald

Can You Be a Legal Ethics Scholar and Have Guts?

Cynthia Godsoe, Abbe Smith & Ellen Yaroshefsky

Note

“Noisier, Nastier, and Costlier”: Shoring Up Institutional Legitimacy in Judicial Elections Using a Legal Ethics Framework

Rashaud J. Hannah

Volume 35, Issue 2 (Spring 2022)

Articles

Protecting the Guild or Protecting the Public? Bar Exams and the Diploma Privilege
Milan Markovic

Due Dates in the Real World: Extensions, Equity, and the Hidden Curriculum
Sarah J. Schendel

The Funny Business
Evelyn Hudson

Subjective Feeling or Objective Standard? The Misuse of the Word “Repugnant” in the Model Rules of Professional Conduct
Vanessa A. Kubota

Volume 35, Issue 1 (Winter 2022)

Articles

Vaccine Hesitancy and Legal Ethics
Noelle N. Wyman and Sam Heavenrich

Moral Convergence: The Rules of Professional Responsibility Should Apply to Lawyers in Business Ethics
Riaz Tejani

Breaking the Faustian Bargain: Using Ethical Norms to Level the Playing Field in Criminal Plea Bargaining
David A. Lord

Solving the Settlement Puzzle in Human Rights Litigation
William J. Aceves