Former counsel to the president John W. Dean laments the willingness—even enthusiasm—of Bill Cosby’s legal defense team to engage in ethically questionable tactics with respect to Cosby’s victims, including using the media to defame the victims.
Chapman University law professor Ronald Rotunda describes the apparent confusion in many jurisdictions over the phrase “moral turpitude” with respect to whether and when attorneys are subject to discipline. Rotunda points out that while many states have adopted the model rules (which, in their current form reject the prohibition against “illegal conduct involving moral turpitude”), these states’ courts still rely on the vague standard when applying the rules.
Cornell University law professor Sherry Colb considers arguments for and against a moral duty by transgender individuals disclose their transgender status to potential sexual partners before having relations.
Cornell University law professor Sherry Colb discusses the competing values at issue when an ultra-Orthodox Jewish man on an airplane requests not to be seated next to a woman who is not his wife.
Chapman University law professor Ronald Rotunda warns against the California bill recently introduced in the state senate that would allow physician-assisted suicide. Rotunda cites other jurisdictions in which physician-assisted suicide is permissible in arguing against the bill’s passage.
Cornell University law professor Sherry Colb discusses how a pro-choice position on the issue of abortion might be reconciled with the position that a mother may rightfully grieve over a miscarriage.
Chapman University law professor Ronald Rotunda discusses the various judicial opinions and ethics rules that govern whether, when, and to what extent lawyers may lie during negotiations.
Cornell University law professor Sherry Colb discusses a Michigan pediatrician’s decision not to see as a patient the infant child of a lesbian couple.
Cornell University law professor Sherry Colb discusses a recent New York law that bans tattoos of companion animals and compares it to a hypothetical law banning other types of animal cruelty.
Cornell University visiting law professor Joseph Margulies continues his discussion of torture and its place in American politics. Margulies describes how torture gained popularity only after it became a partisan issue, and only after its supporters assembled an argument making its use seem consistent with American values.
In this first of a two-part series of columns, Cornell University visiting law professor Joseph Margulies debunks the widespread belief that Americans’ support for torture occurred immediately following the attacks of 9/11. In Part II, Margulies will discuss how support for torture took off only after it became a partisan issue, and an argument took shape that made torture sound congenial to American values.
Cornell University visiting law professor Joseph Margulies discusses the growing role of radical individualism in political culture and how it leads to communities on all sides of the political spectrum not taking responsibility for violence their rhetoric causes.
Cornell University law professor Sherry Colb considers whether, why, and to what extent the law should proscribe sexual relations with individuals suffering from Alzheimer’s disease and other permanent impairments on the basis of their incapacity to consent.
Guest columnist and Cornell University visiting professor of law Joseph Margulies continues his discussion of the American criminal justice system and describes basic principles upon which we could build superior alternatives to the present system.
Chapman University law professor Ronald Rotunda comments on the pervasive problem of attorneys overbilling their clients.
Chapman University law professor Ronald Rotunda discusses the benefits of law firms designating in-house ethics counsel rather than relying on outside counsel for ethical issues that arise during the practice of law.
Cornell University law professor Sherry Colb explains why an animal rights advocate might choose to protest the Jewish Kaporos ritual and the relative merits of such a position. Colb argues that despite the potential for facilitating hypocrisy or anti-semitism, there are a few potential saving graces for campaigns against the ritual.
Chapman University law professor Ronald Rotunda discusses how various courts and bar associations treat attorneys’ uses of Facebook and other social networking sites. Rotunda describes some different rules that affect how lawyers may and may not use social networking sites to interact with witnesses, opposing parties, jurors, and clients.
Cornell University law professor Sherry Colb discusses the U.S. Supreme Court’s recent decision in Burwell v. Hobby Lobby Stores Inc., and the nature of the respondents’ claim that IUDs and morning-after pills are abortifacients. Colb analogizes to the distinction between the culpability of direct violence and failure to rescue in order to illustrate that the respondents’ claims are moral rather than factual in basis.
Cornell University law professor Michael Dorf suggests how secular liberals might constructively communicate with religious conservatives. Dorf notes that respectful engagement with others whose religious views differ from one’s own tends to lead to more productive conversations than do humiliation or ridicule.