Working Papers
"Political Culture and the Rule of Law: Comparing the United States and New Zealand
," Cornell Legal Studies Research Paper No. 12-55 (2012).
"Lawyering in the Christian Colony: Some Hauerwasion Themes, Reflections, and Questions," _
Law and Contemporary Problems _ (2012) (forthcoming).
"Should Law Schools Teach Professional Duties, Professional Virtues, or Something Else? A Critique of the Carnegie Report on Educating Lawyers,"
University of St. Thomas Law Journal (forthcoming) Cornell Legal Studies Research Paper No. 11-32.
"The Torture Memos and the Demands of Legality," Cornell Legal Studies Research Paper No. 09-019 (June 22, 2009), Available at SSRN.
"Jurisprudence and Judicial Ethics," Cornell Legal Studies Research Paper No. 08-009 (2008). Available at SSRN.
"The Jurisprudence of Enron: Professionalism as Interpretation," Cornell Law School Working Papers Series, Paper 16 (August 2004).
Books
Casebooks
Contributions to Books
| "Bates v. State Bar of Arizona"; "Brotherhood of Railroad Trainmen v. Virginia ex rel."; "Virginia", "Judicial Bias"; "Lawyer Advertising"; "Chicago Seven Trial"; "Disciplining Lawyers for Speaking About Pending Cases"; "Ineffective Assistance of Counsel"; in Encyclopedia of American Civil Liberties (New York: Routledge; Paul Finkelman ed., 2006). |  |
Articles
"Legal Ethics is about the Law, Not Morality or Justice: A Reply to Critics," 90
Texas Law Review 727 (2012).
Cornell Legal Studies Research Paper No. 13-02
"Three Concepts of Roles," 48
San Diego Law Review 547 (2011) (memorial symposium in honor of Fred Zacharias).
"Explanation in legal Scholarship: The Inferential Structure of Doctrinal Analysis," 96
Cornell law Review 1035 (2011).
'The Behavioral Psychology of Judicial Corruption: A Response to Judge Irwin and Daniel Real,"
42 McGeorge Law Review 35 (2010).
"Methodology and Perspective in the Theory of Lawyers' Ethics: A Response to Professors Woolley and Markovits," 60
University of Toronto Law Journal 1011 (2010).
"Legal Ethics and Moral Character" (with Alice Woolley), 23
Georgetown Journal of Legal Ethics 1065 (2010) (with a response by David Luban).
"Razian Authority and Its Implications for Legal Ethics," 13
Legal Ethics 191 (2010).
"If Lifelong Learning is the Solution, What is the Problem?"
Canadian Legal Education Annual Review (forthcoming 2009 or 2010).
"Government Lawyers, Democracy, and the Rule of Law," 77
Fordham Law Review 1333 (2009).
"Executive Branch Lawyers in a Time of Terror," 31
Dalhousie Law Journal 247 (2008).
"Impartiality in Judicial Ethics: A Jurisprudential Analysis," 22
Notre Dame Journal of Law, Ethics, and Public Policy 305 (2008).
"Lawyers as Quasi-Public Actors," 45
Alberta Law Review 83 (2008).
"Moral Judgment and Professional Legitimation," 51
St. Louis University Law Journal 1071-1090 (2007).
"The Methodology of Legal Ethics Scholarship: Perspective and Authority," 9 Legal Ethics 229 (2007).
"Lawyers, Citizens, and the Internal Point of View," 75
Fordham Law Review 1473-1499 (2006).
"What's Wrong with Being Creative and Aggressive?," 32
Cornell Law Forum 2-7 (Spring 2006).
"Institutional and Individual Justification in Legal Ethics: The Problem of Client Selection," 34
Hofstra Law Review 987 (2006).
"Legal Ethics and the Separation of Law and Morals," 91
Cornell Law Review 67-128 (2005).
"Professionalism as Interpretation," 99
Northwestern University Law Review 1167-233 (2005); republished in 2d edition of
Enron and Other Corporate Fiascoes: The Corporate Scandal Reader (Nancy B. Rapoport & Jeffrey D. Van Niel, eds.).
"Economic Rationality vs. Ethical Reasonableness: The Relevance of Law and Economics for Legal Ethics," 8 Legal Ethics 107 (2005); review Symposium on Randal Graham, Legal Ethics)
"The Legalization of Legal Ethics: An Historical Perspective from the United States," 36 Dong-A University [South Korea] Law Review 269 (2005).
"Editorial: On International and Interdisciplinary Legal Ethics Scholarship," 7
Legal Ethics 110 (2004).
"A Moderate Defense of Hate Speech Regulations on University Campuses," 41
Harvard Journal on Legislation 407-20 (2004).
"Civil Obedience," 104
Columbia Law Review 363-425 (2004).
"Busting the Professional Trust: A Comment on William Simon’s Ladd Lecture," 30
Florida State University Law Review 659 (2003).
"Conflicts of Interest Under the Revised Model Rules," 81
Nebraska Law Review 1363 (2003).
"How I Learned to Stop Worrying and Love Lawyer-Bashing: Some Post-Conference Reflections," 54
South Carolina Law Review 1027-46 (2003).
"Informal Methods for Enhancing the Accountability of Lawyers," 54
South Carolina Law Review 967-85 (2003).
"Reason and Authority in Legal Ethics," American Philosophical Association Newsletter on Philosophy and Law 171 (Spring 2003).
"Regulation of Lawyers Without the Code, the Rules, or the Restatement: Or, What Do Honor and Shame Have to do with Civil Discovery Practice?," 71
Fordham Law Review 1567 (2003).
"Symposium Introduction: Our Love-Hate Relationship with Heroic Lawyers," 13
Widener Law Journal 1-9 (2003).
"‘Certain Fundamental Truths’: A Dialectic on Negative and Positive Liberty in Hate-Speech Cases," 65
Law and Contemporary Problems 33 (2002).
"Ethics for Skeptics," 26
Journal of Legal Profession 165 (2002).
"Mixed Signals: Rational-Choice Theories of Social Norms and the Pragmatics of Explanation," 77
Indiana Law Journal 1 (2002).
"Teaching Ethics in an Atmosphere of Skepticism and Relativism," 36
University of San Francisco Law Review 711 (2002).
"Free Speech for Lawyers," 28
Hastings Constitutional Law Quarterly 305 (2001).
"Hate and the Bar: Is the Hale Case McCarthyism Redux or a Victory for Racial Equality?," The Bar Examiner (May 2001), at 26.
"The Ideology of Judging and the First Amendment in Judicial Election Campaigns," 43
South Texas Law Review 73 (2001).
"Motivation, Morality, and the Professionalism Movement," 52
South Carolina Law Review 557 (2001).
"Nonlegal Regulation of the Legal Profession: Social Norms in Professional Communities," 54
Vanderbilt Law Review 1955 (2001).
"Preaching to the Choir: Law Students’ Values and Motivations in Legal Ethics Education," Washington and Lee University School of Law Alumni Magazine, November 2000.
"Value Pluralism in Legal Ethics," 78
Washington University Law Quarterly 113 (2000).
"Public Values and Professional Responsibility," 75
Notre Dame Law Review 1 (1999).
"Rediscovering Discovery Ethics," 79
Marquette Law Review 895 (1996).
"Lawyers & Butlers: The 'Remains' of Amoral Ethics," 9
Georgetown Journal of Legal Ethics 161 (1995).
Book Reviews
"Legal Ethics as 'Political Moralism' or the Morality of Politics", 93
Cornell Law Review 1413 (2008), (reviewing David Luban,
Legal Ethics and Human Dignity).
"Ethical Lawyering in a Morally Dangerous World," 19
Georgetown Journal of Legal Ethics 299-312 (2006) (Review of Milton C. Regan, Jr.,
Eat What You Kill).
"The Banality of Evil and the First Amendment," 102
Michigan Law Review 1404-22 (2004) (Review of Alexander Tsesis,
Destructive Messages: How Hate Speech Paves the Way for Harmful Social Movements).
"The Deep Structure of Conflicts of Interest," 16
Georgetown Journal of Legal Ethics 473 (2003) (Reviewing Andrew Stark,
Conflicts of Interest in American Public Life and Michael Davis & Andrew Stark,
Conflicts of Interest in the Professions).
"Professional Roles and Moral Agency," 89
Georgetown Law Journal 667 (2001) (Reviewing Arthur Isak Applbaum,
Ethics for Adversaries).