Analysis and Commentary on Philosophy and Ethics
Disciplining Lawyers Who Engage in Moral Turpitude

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.

The Way of Death in the Netherlands, Oregon, and, Perhaps, California

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.

Torture and Myth, Part Two: The Politics of Torture

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.

Torture and Myth, Part One

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.

Singling Out Jewish Kaporos For Criticism

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.

Using Facebook as a Discovery Device

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.

What Counts as an Abortion, and Does It Matter?

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.

How Secular Liberals Should Talk to Religious Conservatives

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.

The Dilemma of Humane Execution and Humane Slaughter

Cornell law professor Sherry Colb discusses the notion of humane killing in the context of the death penalty and the slaughter of animals. She explores the apparent paradoxes of humane executions of criminals and the humane slaughter of animals. Colb concludes that the only way to truly eliminate the suffering of humans and animals during any intentional killing process is to abolish both executions and slaughters.

Meet our Columnists
Vikram David Amar
Vikram David Amar

Vikram David Amar is the Dean and Iwan Foundation Professor of Law at the University of Illinois... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, holds the James J. Freeland Eminent Scholar... more

Sherry F. Colb
Sherry F. Colb

Sherry F. Colb is the C.S. Wong Professor of Law at Cornell University. Colb teaches courses in... 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 the Dwight D. Opperman Professor, Director, Center for Labor and Employment... 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

MARCI A. HAMILTON is the Fels Institute of Government Professor of Practice, and Fox Family... more

Joseph Margulies
Joseph Margulies

Mr. Margulies is a Professor of Law and Government at Cornell University. He was Counsel of... more

Austin Sarat
Austin Sarat

Austin Sarat is Associate Provost, Associate Dean of the Faculty and William Nelson Cromwell... more

Lesley Wexler
Lesley Wexler

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