Analysis and Commentary on Law Practice
Preferences, Norms, and a President Who Can’t Tell the Difference

Cornell law professor Joseph Margulies explains the difference between preferences and norms and argues that when social norms and personal preferences conflict, the norm must win. Margulies laments that President Donald Trump misunderstands the elemental distinction between social norms and personal preferences and accepts the norm as legitimate only to the extent it coincides with his personal views.

Especially After Pittsburgh

In the wake of the tragedy in Pittsburg, which in some ways mirrors the 2015 terrorist attacks in Paris, Cornell law professor Joseph Margulies draws upon his experience representing Abu Zubaydah—the first person held in the CIA "enhanced interrogation program"—to provide an answer the question of how one can represent someone so many people hate. Margulies argues that the advocate’s highest calling is to insist upon humanity even when society is most determined to deny it.

AT&T’s Hiring of Michael Cohen Was a “Big Mistake,” But Was It More?

Cornell University law professor Michael C. Dorf discusses a statement by AT&T CEO Randall Stephenson calling his company’s decision to hire Donald Trump’s personal lawyer Michael Cohen “a big mistake.” Dorf describes under what circumstances AT&T’s hiring of Cohen would amount to a crime, and under what circumstances his hiring would not only be legal but a corporate obligation. As Dorf explains, the proper classification of the decision requires more information than the public currently has.

Lawyers, Passwords, and the Obligation to Keep Clients’ Secrets

Chapman University, Fowler School of Law, professor Ronald D. Rotunda explains in concrete terms what the ABA's recommendation that attorneys "keep abreast" of "the benefits and risks associated with relevant technology" means: change your passwords into passphrases to keep confidential information secure. Rotunda describes how easy it is to hack simple passwords and cautions lawyers that the ramifications of compromised client information can be significant and far-reaching.

The Helpful Role Lawyers Can Play in Rebuilding American Democracy

Illinois Law dean and professor Vikram David Amar offers some wisdom he shared during his keynote remarks at the swearing-in ceremony of new lawyers in Springfield, Illinois, describing how lawyers can help build American democracy. Amar comments on the specific duties and responsibilities lawyers swear to uphold, and explains why these duties are critical to the very foundations of our country.

Can Robots Practice Law?

Chapman University, Fowler School of Law, professor Ronald D. Rotunda comments on the laws regulating the practice of law, and specifically, defining (or not defining) what the practice of law means. Rotunda argues that despite (or because of) the difficulty of defining the practice of law, computers and technology are advancing the practice of law and the work of lawyers.

The Ethics of Crowdfunding for Lawyers: Uncharted Territory or Familiar Terrain?

Attorney and Justia editor Sarah Andropoulos comments on some of the ethical considerations raised by the increasingly popular practice of crowdfunding by lawyers. Andropoulos considers whether attorney crowdfunding presents new ethical risks or simply calls for application of established ethics rules to new technology.

An Academic Year-End Look at Some Bright Spots and Significant Challenges for Legal Education

Illinois Law dean Vikram David Amar comments on two important indicators of the health of legal education—employment outcomes and bar passage rates. Amar points out that based on the currently reported data on employment for America’s ABA-accredited law schools, the overall percentage has gone up for the Class of 2016 as compared to the Class of 2015. Amar also argues that law schools should take a deeper look at the factors contributing to low (and in some cases, increasingly low) bar pass rates.

California’s July 2016 Bar Results, and the Bar’s Apparent (and Wrong-Headed) Decision to Stop Providing School-by-School Data

Illinois Law dean and professor Vikram David Amar comments on the dropping passage rate of the California bar exam, and the bar’s apparent decision to stop providing school-by-school data on passage rates. Amar explains why releasing less—rather than more—data is a poor decision and calls upon the California bar to correct this wrong.

Forcing Lawyers to Perform Pro Bono Services, Part II

Chapman University, Fowler School of Law, professor Ronald Rotunda addresses a response to his earlier column on mandatory pro bono for lawyers. Rotunda argues that mandatory pro bono for lawyers would be a unique and unwarranted burden, given that the law grants exclusive privileges to other professions, such as dentists to practice dentistry, without requiring them to provide their services to the indigent for free.

A Response to: “Forcing Lawyers to Perform Pro Bono Services”

Guest columnist Joseph A. Sullivan, special counsel and director of pro bono programs at Pepper Hamilton LLP, responds to Verdict columnist Ronald Rotunda with respect to his opinion on mandatory pro bono for lawyers. Sullivan argues that even if such a requirement to practice law is akin to a tax, as Rotunda posits, it is a just tax, exchanged for the privilege of lawyers to practice law to the exclusion of non-lawyers.

The Scandalous Religious Liberty Project of this Era: Rights to Discriminate, Harass, and Harm at Will

A Fox Distinguished Scholar in the Program for Research on Religion at the University of Pennsylvania, Marci Hamilton comments on disclosure requirement and the non-discrimination component of California SB-1146. Hamilton argues that religious entities continue to demand the freedom to discriminate and harass, while insisting on calling it “religious liberty.”

Imposing Criminal Punishment by Introducing False Testimony

Ronald Rotunda, law professor at Chapman University, Fowler School of Law, comments on the latest developments in the criminal proceedings against Sholom Rubashkin—specifically the revelation that federal prosecutors introduced false testimony in pursuit of conviction. Rotunda provides background on the case and describes the misconduct of the prosecution in handling the case.

Forcing Lawyers to Perform Pro Bono Services

Ronald Rotunda, law professor at Chapman University, Fowler School of Law, responds to the Justice Sonya Sotomayor’s comment that she favors imposing mandatory pro bono work on lawyers. Rotunda argues that while lawyers should engage in pro bono work, making it mandatory would infringe on their liberty to decide how to spend their time and doesn’t adequately account for other ways in which lawyers help their communities.

Increased Controversy Over the Future of American Law Institute

Chapman University professor Ronald Rotunda comments on the increasingly controversial positions taken by the American Law Institute (ALI), which is one of the most important nongovernmental legal institutions in the United States. Rotunda describes some of the changes in laws proposed in recent editions of the ALI’s highly influential Model Codes and Restatements.

Alcoholics and the Profession of Law

Chapman University law professor Ronald Rotunda comments on the prevalence of alcoholism among attorneys as compared to those in other professions. Rotunda urges lawyers with alcohol addiction problems and those who know such people to seek help from programs such as Lawyer Assistance Programs, which are available in nearly all U.S. jurisdictions.

What the Detailed Data from California on the July 2015 Bar Exam Results Might Tell Us About the Bigger Picture

Illinois Law professor and dean Vikram David Amar interprets the recently released data on California’s bar exam results from July 2015. Amar expresses concern at the lower pass rates and calls upon both the profession and the academy to examine the way we train and license lawyers.

Meet our Columnists
Vikram David Amar
Vikram David Amar

Vikram David Amar is a Distinguished Professor of Law at UC Davis School of Law and a Professor... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, is a visiting professor at both Osgoode Hall... more

John Dean
John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973.... more

Michael C. Dorf
Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He... more

Samuel Estreicher
Samuel Estreicher

Samuel Estreicher is Dwight D. Opperman Professor of Law and Director of the Center of Labor and... more

Leslie C. Griffin
Leslie C. Griffin

Dr. Leslie C. Griffin is the William S. Boyd Professor of Law at the University of Nevada, Las... more

Joanna L. Grossman
Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School... more

Marci A. Hamilton
Marci A. Hamilton

Professor Marci A. Hamilton is a Professor of Practice in Political Science at the University of... more

Joseph Margulies
Joseph Margulies

Mr. Margulies is a Professor of Government at Cornell University. He was Counsel of Record in... more

Austin Sarat
Austin Sarat

Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at... more

Laurence H. Tribe
Laurence H. Tribe

Laurence H. Tribe is the Carl M. Loeb University Professor Emeritus at Harvard University and... more

Lesley Wexler
Lesley Wexler

Lesley Wexler is a Professor of Law at the University of Illinois College of Law. Immediately... more