Books
Casebooks
Contributions to Books
| "Spaudling v. Zimmerman: Confidentiality and Its Exceptions," in Legal Ethics: Law Stories (New York : Foundation Press; D. Lubin, D. Rhode, eds., 2006). |  |
| "The Changing Legal Profession," in The Lawyer as a Professional 33-40 (Texas Center for Legal Ethics and Professionalism, Timothy W. Floyd & W. Frank Newton, eds. 1991). |  |
| "Professionalism, Legal Services, and Lawyer Competency," in Justice for a Generation 144-55 (Chicago: American Bar Association, Kirsti Langbein, ed. 1985). |  |
Articles
"Judicial Independence in Excess: Reviving the Judicial Duty of the Supreme Court," (with Paul D. Carrington), 94
Cornell Law Review 587 (2009).
"Original Sin and Judicial Independence: Providing Accountability for Justices" (with Paul D. Carrington), 50
William and Mary Law Review 1105 (2009).
"Reforming the Supreme Court," 95
California Law Review 1313-34 (2007).
“Counseling Organizational Clients 'Within the Bounds of the Law',” 34
Hofstra Law Review 1043-61 (2006).
"Comments" (Symposium: [The Future of Law Practice in the United States/Connecticut]), 24
QLR 529-38 (2006).
"Recalling the Legal Services Corporation's Critical First Steps," 31 Cornell Law Forum 7 (Spring 2005).
"Legal and Ethical Duties of Lawyers after Sarbanes-Oxley" (with George M. Cohen and Susan P. Koniak) 49
Villanova Law Review 725-831 (2004), reprinted in 2005
Securities Law Review 89-196.
"Lawyer Ethics on the Lunar Landscape of Asbestos Litigation," 31
Pepperdine Law Review 175-201 (2003).
"Enron and the Corporate Lawyer: A Primer on Legal and Ethical Issues," 58
Business Lawyer 143-87 (2002).
"Furthering Justice by Improving the Adversary System and Making Lawyers More Accountable," 70
Fordham Law Review 1599-1614 (2002).
"Lawyer Conduct in the ‘Tobacco Wars,’" 51
DePaul Law Review 435-47 (2001).
"The Duty of Confidentiality," 87
ABA Journal 60 (May 2001).
"The Last Class: Living a Good Life as a Lawyer," Cornell Law Forum 5-7 (2000).
"Lawyer Disclosure to Prevent Death or Bodily Injury: A New Look at
Spaulding v. Zimmerman," 2
Journal of the Institute for the Study of Legal Ethics 163-81 (1999).
"Professional Secrecy and Its Exceptions:
Spaulding v. Zimmerman revisited (
Spaulding v. Zimmerman, 116 N.W.2d 704, Minn. 1962)" (with Lori P. Knowles), 83
Minnesota Law Review 63-1 (1998).
"Rule, Story and Commitment in the Teaching of Legal Ethics" (with Susan P. Koniak), 38
William and Mary Law Review 145-98 (1996).
"What Do Lawyer Jokes Tell Us About Lawyers and Lawyering?" 23 Cornell Law Forum 3-9 (1996).
"Individualized Justice, Mass Torts, and 'Settlement Class Actions': An Introduction," 80
Cornell Law Review 811-36 (1995).
"Information Technology and Legal Ethics: Expanding the Teaching and Understanding of Legal Ethics Through the Creation of a New Generation of Electronic Reference Materials" (with Peter W. Martin), 58
Law and Contemporary Problems 337 (1995).
"Core Materials on Legal Ethics,"
Cornell Legal Information Institute (1995--)
"Proposed Legislation Concerning a Lawyer's Duty of Confidentiality," 22
Pepperdine Law Review 1467-83 (1995).
"Delivery of Legal Services to Ordinary Americans," 44
Case Western Reserve Law Review 531-620 (1994).
"Partners in Crime: Law Schools and the Legal Profession" 19 Cornell Law Forum 2-7 (March 1993), reprinted in 62 The Bar Examiner 8-13 (1993).
"The Distance Between Legal Education and the Practice of Law," 145 F.R.D. 215 (1993).
"State Ethics Rules and Federal Prosecutors: The Controversies over the Anti-Contact and Subpoena Rules," 53
University of Pittsburgh Law Review 291-391 (1992), reprinted in 5
Criminal Practice Law Review 351-451 (1993).
"The Boundaries of Legal Representation," 145 West's Federal Rules Decisions 244-73 (1993).
"The Lawyer as Whistleblower: Confidentiality and the Government Lawyer," 5
Georgetown Journal of Legal Ethics 291-315 (1991).
"Mandatory Pro Bono," 19
Hofstra Law Review 1113-39 (1991).
"Mandatory Pro Bono: A Duty to Serve?" 18 Cornell Law Forum 7-12 (1991).
"On the Steadfastness and Courage of Government Lawyers," 23
John Marshall Law Review 165-80 (1990).
"The Changing Legal Profession," 26 ILR Report 14-19 (Spring 1989), reprinted in 17 Cornell Law Forum 11-15 (1990), 63 New York State Bar Journal 43 (1991), and in The Lawyer as a Professional 33-40 (Texas Center for Legal Ethics and Professionalism, Timothy W. Floyd & W. Frank Newton, eds. 1991).
"How Are Things in the Justice Biz?" 16 Cornell Law Forum 13-18 (1989).
"The Lawyer's Professional Independence: Memories, Aspirations, and Realities," 61 New York State Bar Journal 8-12 (January1989), reprinted in 25 Trial 84-89 (August 1989).
"The Next Century: The Challenge" (panel discussion with Barber B. Conable, Tyrone Brown, and Sheri Lynn Johnson) 73
Cornell Law Review 10-84 (1988).
"Beyond the Ordinary Religion," 37
Journal of Legal Education 509-18 (Dec. 1987).
"The Sixty-Five-Thousand-Dollar Lawyer," 14 Cornell Law Forum 7-11 (1987).
"Professional Education in Medicine and Law: Structural Differences, Common Failings, Possible Opportunities," 34
Cleveland State Law Review 349-62 (1985).
"Demystifying Legal Scholarship," 75
Georgetown Law Journal 1-17 (1986).
"'The Most Remarkable Institution': The American Law Review," 36
Journal of Legal Education 1-13 (1986).
"Ethical Dilemmas Facing Today's Lawyer: Obligation to the Client--To the Public," 10
Bar Leader 14-17 (January-February 1985).
"Hiring Process Is Out of Control and Warps Legal Education," 6 Henning's Lawyer Hiring and Training Report 1, 14-16 (June1985).
"President's Message: On Improving Student Placement," AALS Newsletter 1-2 (September 1985).
"On a Recurrent Unpleasantness: Grading," AALS Newsletter 1-3 (March 1985).
"Pro and Con: Faculty-Edited Law Reviews," 16 Syllabus 1, 3 (September 1985).
"Scholarship and the AALS," AALS Newsletter 1-3 (May 1985).
"The Trouble with Lawyers (and Law Schools)," 35
Journal of Legal Education 359-72 (1985).
"What It's All About: Teaching and Scholarship," AALS Newsletter 1-3 (January 1985).
"Why Defend the Guilty?" 11 Cornell Law Forum 2-4 (1984).
"Lawyers and the Consumer Interest: Regulating the Market for Legal Services," 34 Journal of Legal Education 145-46 (1984).
"Reflections on Lawyers and Their Work," Ohio State University Law Record 39-40 (Summer 1983).
"Some Reflections on Lawyer Competence," 10 Cornell Law Forum 7-8 (1983).
"Comment: The Legalization of American Society," 26 Law Quadrangle Notes 35 (Winter 1982).
"The Current State of the Law Curriculum," 32
Journal of Legal Education 321-35 (1982).
"Developments in Legal Education," 32 Journal of Legal Education 139-44, 282-87, 424-31 (1982).
"Faithfully Execute the Law (Address to New Board of Legal Services Corp.)," NLADA Cornerstone 4 (April 1982).
"Why Legal Services for the Poor?" 68
ABA Journal 550-56 (1982).
"The Education of Competent Lawyers: The American Experience," 5
Tel Aviv University Studies in Law 22-30 (1980-82).
"Change and Continuity in Legal Education," 79
Michigan Law Review 460-77 (1981).
"Crisis in Legal Services for the Poor," 26
Villanova Law Review 521-56 (1981).
"Lawyer Competence and the Law Schools," 12 ALI-ABACLE Review (February 27, March 6, 1981).
"Lawyer Competence and the Law Schools," 4
University of Arkansas (Little Rock) Law Journal 1-15 (1981).
"Recent Changes in Legal Education," 53 New York State Bar Journal 349-53 (1981).
"Report to the President of the University for the Year 1979-80," 7 Cornell Law Forum 5-15 (1980).
"Rising Expectations in Law Practice and Legal Education," 7
Northern Kentucky Law Review 159-87 (1980).
"The State of Trial Advocacy and Legal Education: Three New Studies" (with Erik M. Jensen), 30
Journal of Legal Education 253-69 (1979), reprinted in 14
International Society of Barristers Quarterly 352-67 (1979) and in 11
ALI-ABA CLE Review (May 23, 30, June 6, 1980).
Report and Recommendations of the Task Force on Lawyer Competency: The Role of the Law Schools (Chicago: American Bar Association, Section of Legal Education and Admissions to the Bar, 1979), reprinted in 11 ALI-ABA CLE Review (January 25, February 1, 8, 15, 22, 29, 1980).
"Lawyer Competency and the Law Schools," 51 New York State Bar Journal 543-46, 575-79 (1979), reprinted in 27 North Carolina State Bar Quarterly 7-13 (December 1980).
"Report to the President of the University for the Year 1978-79," 6 Cornell Law Forum 2-22, 47-51 (1979).
"Legal Education and Legal Services--Some Reflections," 12
Creighton Law Review 487-98 (1978-79).
"Report to the President of the University for theYear 1977-78," 5 Cornell Law Forum 2-24, 41-47 (October 1978).
"Getting the Law School Down to Where the World Is," 3 Learning and the Law 48-51, 59-60 (Spring 1976), reprinted in 3 Brief Case 15-19 (Spring 1977).
"The Hired Gun or the Social Engineer," 4 Learning and the Law 18-21, 54-55 (Fall 1977).
"The Ordinary Religion of the Law School Classroom," 2
NICM Journal 72-91 (Summer 1977), reprinted in 29
Journal of Legal Education 247-63 (1978).
"Report to the President of the University for the Year 1976-77," 4 Cornell Law Forum 2-24, 45-51 (October 1977).
"Symposium--An International Comparison of Legal Services for the Poor: Introduction," 10 Cornell International Law Journal 205-06 (1977).
"Competency for What?" 3 Learning and the Law 64-67 (Summer 1976).
"The Constitution, Public Policy and Civil Representation," 33 NLADA Briefcase 42-46 (January 1976).
"The Executive Judge," Cornell Alumni News 21 (November 1976).
"Judicial Lawmaking and Administration," 36 Public Administration Review 551 (1976), also published in a somewhat different form as "Judicial Lawmaking in the Leviathan State," Law Alumni Journal 12 (University of Chicago Law School) (Fall 1976).
"Promise and Reality in Legal Services," 61
Cornell Law Review 670 (1976).
"Report to the President of the University for the Year 1975-76," 3 Cornell Law Forum 2-13, 35-37 (1976).
"The Legal Services Corporation: The Tasks Ahead," 33 NLADA Briefcase 3-5 (October 1975).
"Lessons of Watergate," 2 Cornell Law Forum 6-7 (1975), also published in somewhat different form in Ithaca Journal, October 1974, p. 13; and 3 Student Lawyer 2 (February 1975).
"Report to the President of the University for the Year 1974-75," 2 Cornell Law Forum 2-18, 35-41 (1975).
"The Task Ahead in Legal Services," 61
ABA Journal 1339-43 (1975).
"American Legal Education: An Agenda for Research and Reform" (with Barry B. Boyer), 59
Cornell Law Review 221-97 (1974), reprinted in
Research Contributions of the American Bar Foundation (1974).
"Federal Appellate Justice in 1973," 59
Cornell Law Review 571-75 (1974).
"Symposium: The Administrative Conference of the United States: Introduction," 26
Administrative Law Review 260 (Summer 1974).
"Legal Education Faces the Future," 1 Cornell Law Forum 2-7 (1974).
Panel moderator. "What is the Public Interest? Who Represents It?" 26 Administrative Law Review 285-417 (Fall 1974).
"Professional Responsibility to Clients and the Public Interest: Is There a Conflict?" 55 Chicago Bar Record 40-43 (special centennial issue, January 1974).
"Report to the President of the University for the Year 1973-74," 1 Cornell Law Forum 2-20 (Fall 1974).
"Statement on S.2611 and S.2616, Bills to Establishan Independent Special Prosecutor," 2 Cornell Law Forum 2-9 (1974).
"On Leading a Horse to Water: NEPA and the Federal Bureaucracy" (with Richard K. Berg), 71
Michigan Law Review 511-36 (1973).
"Regulatory Structure and Regulatory Performance: A Critique of the Ash Council Report," 32 Public Administration Review 284-91 (1973).
"Causes and Cures of Administrative Delay," 58
ABA Journal 937-41 (1972).
"Citizen Suits in the Environmental Field: Peril or Promise?" (with Barry B. Boyer), 2
Ecology Law Quarterly 407-36 (1972), also published in an abridged form in 90
Public Utilities Fortnightly 76-80 (September 28, 1972).
"Civil Justice for the Masses: The Need for Non-Judicial Means of Dispute Resolution," 54 F.R.D. 154-63 (1972).
"A Comment on Trial-Type Hearings in Nuclear Power Plant Siting," 58
Virginia Law Review 585-99 (1972).
"Enforcing the National Environmental Policy Act in Federal Agencies" (with Richard K. Berg), 18 Practical Lawyer 79-98 (1972).
"A Federal Ombudsman?" 21
Duke Law Journal 1-14 (1972).
"A Title Change for Federal Hearing Examiners? 'A Rose by any Other Name. . . .'," 40
George Washington Law Review 918-32 (1972).
"The Why, Where and How of Broadened Public Participation in the Administrative Process," 60
Georgetown Law Journal 525-50 (1972), an abridged version of this article also appeared in 16
Law Quadrangle Notes 16-21 (1972).
"The Ash Council Report on the Independent Regulatory Agencies," 50 Antitrust Law Journal 365-77 (1971).
"Foreword to Symposium on Federal Regulatory Agencies," 57
Virginia Law Review 925 (1971).
"Nonstatutory Review of Federal Administrative Action: The Need for Statutory Reform of Sovereign Immunity, Subject Matter Jurisdiction, and Parties Defendant," 68
Michigan Law Review 387-470 (1970).
"Driver Behavior and Legal Sanctions: A Study of Deterrence," 67
Michigan Law Review 421-54 (1969).
"The Problem of the Drinking Driver," 54
ABA Journal 995-99 (1968).
"Some Modest Suggestions for Improving Public Utility Rate Proceedings," 51
Iowa Law Review 267-82 (1966).
"Exhaustion of Administrative Remedies in Michigan," 44 Michigan State Bar Journal 10 (July 1965).
"Administrative Procedure Reform: The Effects of S.1663 on the Conduct of Federal Rate Proceedings," 16
Administrative Law Review 108-58 (1964).
"The Effectiveness of Economic Regulation: A Legal View," LIV American Economic Review 182-91 (May 1964).
"The Powers of the Michigan Civil Rights Commission," 63
Michigan Law Review 5-58 (1964).
"Diversification of Ownership in the Regulated Industries: The Folklore of Regulation," 68
Public Utilities Fortnightly 456-62 (September 14, 1961), reprinted in 19
ABA Antitrust Section Proceedings 362-75 (1961).
"The Supreme Court and the Decline of State Power," 2
Journal of Law & Economics 175-89 (1959).
"The Supreme Court and State Power to Deal with Issues of Subversion and Loyalty," 43
Minnesota Law Review 1025-82 (1959).
"
Pennsylvania v. Nelson: A Case Study in Federal Preemption," 26
University of Chicago Law Review 85-108 (1958).
"Supercession and Subversion: Limitations on State Power to Deal with Issues of Subversion and Loyalty," 8 University of Chicago Law School Record 24 (Autumn 1958).
Book Reviews
Review of Ronald D. Rotunda,
Legal Ethics: The Lawyer's Deskbook on Professional Responsibility, 14
Georgetown Journal of Legal Ethics 663-66 (2001).
Review of Council for Public Interest Law, Balancing the Scales of Justice, 8 Foundation News 42-43 (January-February 1977).
Miscellaneous
Proposed New York Rules of Professional Conduct: Report and Recommendations of Committee on Standards of Attorney Conduct (Albany, N.Y.: New York State Bar Assocation, 2 vols. September 30, 2005).
"Comments to Securities and Exchange Commission Re: Proposed Rule: Implementation of Standards of Professional Conduct for Attorneys" (with Susan P. Koniak and George M. Cohen), 17 CFR 205 (2003).
"Laws unto Themselves," The Times Literary Supplement November 22, 1985 at 1329-30.
The Changing Legal Profession Developments, Dangers and Opportunities (Cleveland: Cleveland-Marshall College of Law, 1985) (Audiovisual) (1 videocassette).
The Changing Constitution (panel discussion with James B. Jacobs, Mary Beth Norton, David Joseph Danelski) 1977. (Sound Recording) (cassette).
"Education Fails to Examine Values," Cornell Chronicle, March 10, 1977 at 3.
Planning for Justice in Alaska: A Report to the Law Enforcement Assistance Administration (with Thomas Ehrlich, Earl Johnson and Robert McKay) (Washington, D.C.: Criminal Courts Technical Assistance Project, American University Law Institute, 1977).
Structure and Internal Procedures: Recommendations for Change (Washington, D.C.: U.S. Government Printing Office, 1975) (As member of United States Commission on Revision of the Federal Court Appellate System).
Legal Implications of Guard Force Personnel: A Report Prepared for the Brookhaven National Laboratory (Ithaca: Cornell Law School, 1974).
"Cures that Worsen the Problem," Washington Post, Outlook Section, October 28, 1973 at C1, C5.
Geographical Boundaries of the Several Judicial Circuits: Recommendations for Change (Washington, D.C.: U.S. Government Printing Office, 1973) (As member of United States Commission on Revision of the Federal Court Appellate System).
A Report from the Dean to the Advisory Council (Ithaca: Cornell Law School, Fall 1973).
"Whose Special Prosecutor?" New York Times, November 23, 1973 at 33.
AALS-NSF Conference on Law and the Social Sciences: A Report on an Exploratory Venture (Washington, D.C.: Association of American Law Schools, 1969).
Improvement in the Conduct of Federal Rate Proceedings: A Report of the Committee on Rulemaking to the Administrative Conference of the United States, in Selected Reports of the Administrative Conference of the United States 75-114 (Senate Document No. 24, 88th Congress, 1st Session, 1963).
The Conduct of Rate Proceedings in the Interstate Commerce Commission: A Report to the Committee on Rulemaking of the Administrative Conference of the United States (Washington, D.C.: Administrative Conference of the United States, September 1962).
The Conduct of Rate Proceedings in the Interstate Commerce Commission: A Report to the Committee on Rulemaking of the Administrative Conference of the United States (Washington, D.C.: Administrative Conference of the United States, December 1962).
"Salmon P. Chase," Encyclopaedia Britannica.
"Roger B. Taney," Encyclopaedia Britannica.