In Print

In Print

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

Volume 34, Issue 4 (Fall 2021)

Notes

Are You Qualified?
Luke Bittar

Prosecutorial Discretion During a Pandemic
Lawrence A. Brett

Voting on the Spectrum
Anna Butel

Machine Lawyering and Artificial Attorneys
Augustus Calabresi

Fouls Blows
Jordan Chemtob

The Pandemic of Intrusion
Elizabeth Choi

The Ethics of Addiction and Legal Partnership Agreements
Melinda C. Church

A Path to More Sustainable Corporations in the U.S.
Anna Colby

Gig Lawyers in the U.S. Economy
Carolyn M. Corcoran

Bad Vice, Bad Advice
Claire Creighton

Monopoly for Public Performances of Musical Works
Samantha Davis

Choice of Law in International Human Rights
Jacob J. Demree

Non-Legal Advice
Carolyn Exarhakis

Eroding Voting Rights
Rolland Giberson

Betwixt and Between
Rashaud J. Hannah

Regulating Restorative Justice
K. Hope Harriman

Zoom School of Law?
Kathryn Hobbis

A Patch with the Dev-il
Dawson Honey

The Roger Stone Affair
Jace Jenican

When Judicial Deference Erodes Liberty
Cynthia M. Karnezis

Serving at the Pleasure of the President
Rowdy Kowalik

Defense Attorneys at a Dead End
Andrew Lee

The English Roots of American Legal Regulation
Mark Lipnickey

Limits on International Environmental Violations
Courtney A. Neufeld

The Justice Gap
Natalia C. Ortiz

Bioethical Considerations of Right to Try
Neal K. Patel

Glory—Old, New, and Changing
Ben Phillips

Diversifying the Federal Judiciary and Why It Matters
Jay Prapaisilp

Arbitrating “Just Cause” for Employee Discipline
Alyson Raphael

Ethical Issues in Employment Arbitration
Kendra Robbins

Opportunity Zones: Whose Opportunity?
Hayley Roth

Thinking Outside of the Box
Kimberly Saltz

The Missing Link
Molly Sherwood

Changing the Discretionary Nature
Molly Sprick

Regulation of Data Localization
Kaitlyn Tsai

The Paper Chase
Zeqing Zheng

Volume 34, Issue 3 (Summer 2021)

Articles

To Err is Human, To Apologize is Hard: The Role of Apologies in Lawyer Discipline
Leslie C. Levin & Jennifer K. Robbennolt

Mind the Gap: Gender Pay Disparities in the Legal Academy
Christopher J. Ryan, Jr. & Meghan Dawe

Complicity and Lesser Evils: A Tale of Two Lawyers
David Luban

Response: Legal Ethics in Authoritarian Legality
Leora Bilsky & Natalie R. Davidson

Response: A Practitioner’s Perspective on Complicity and Lesser Evils
Erica Newland

Response: A Good and Virtuous Nature May Recoil: On Consorting with Evil to Do Good
Shannon Prince

Should We Stay or Should We Go: Lessons from the Trump Administration
Kathleen Clark

Volume 34, Issue 2 (Spring 2021)

Articles

Making Public Interest Lawyers in a Time of Crisis: An Evidence-Based Approach
Catherine Albiston, Scott L. Cummings, & Richard L. Abel

Ethics in Pandemics: The Lawyer for the (Crisis) Situation
Raymond H. Brescia

Catching Unfitness
Jon J. Lee

Excess Confidentiality: Must Bar Examiners Defy Administrative Law and Judicial Transparency?
Keith W. Rizzardi

Volume 34, Issue 1 (Winter 2021)

Articles

Teaching Conflicts of Interest
Emily Hughes

Selling Out: An Instrumentalist Theory of Legal Ethics
Keith N. Hylton

“To Be a Good Lawyer, One Has to Be a Healthy Lawyer”: Lawyer Well-Being, Discrimination, and Discretionary Systems of Discipline
Nicholas D. Lawson

Power-Conscious Professional Responsibility: Justice Black’s Unpublished Dissent and a Lost Alternative Approach to the Ethics of Cause Lawyering
Noah A. Rosenblum

Lawyer and Judicial Competency in the Era of Artificial Intelligence: Ethical Requirements for Documenting Datasets and Machine Learning Models
Mark L. Shope