Cornell Law Review Volume 93 Issue 6

Federal Search Commission? Access, Fairness, and Accountability in the Law of Search

Should search engines be subject to the types of regulation now applied to personal data collectors, cable networks, or phone books? In this Article, we make the case for some regulation of the ability of search engines to manipulate and structure their results. We demonstrate that the First Amendment, properly understood, does not prohibit such regulation. Nor […]

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Swap Meet: Introducing the Framers to Nader’s Traders Through Porter v. Bowen

To read the complete Note, click “VIEW PDF” below.

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Judging Without the Facts: A Schematic for Reviewing State Secrets Privilege Claims

To read the complete Note, click “VIEW PDF” below. 

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Prosecuting the Jena Six

This Essay explores the racial norms animating the prosecution of the Jena Six in LaSalle Parish, Louisiana, a set of norms I will call Jim Crow legal ethics. By Jim Crow legal ethics, I mean the professional norms of practice in a time of de jure or de facto racial segregation. Historically segregated since the nineteenth century, the […]

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Structure and Integrity

No one critiques legal ethics jurisprudence within the framework of liberalism better than David Luban. Professor Luban identifies himself as a communitarian liberal, and in Legal Ethics and Human Dignity he focuses on individual moral rectitude. Until now, at least, Professor Luban has not had much to say about “structural” concerns—namely, how lawyers’ locations within institutions that organize access to power shape […]

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The Human Dignity of Clients

David Luban is a giant in legal ethics. His 1983 collection of essays, The Good Lawyer, was instrumental in formulating the theoretical framework of what was then an emerging field of legal ethics. In Legal Ethics and Human Dignity, a new volume of essays published twenty-five years later, Luban employs his characteristic blend of analysis, insight, and grace to push […]

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The Past, Present, and Future of Legal Ethics: Three Comments for David Luban

David Luban helped invent the field of legal ethics some years ago; Legal Ethics and Human Dignity provides an opportunity to assess how it has developed. By way of both homage and critique, I offer three comments on central issues that the book raises: the nature of the moral foundations of lawyers’ ethics; the relation of legal and ordinary […]

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The Rule of Law in Action: A Defense of Adversary System Values

Legal Ethics and Human Dignity is that rare work that bridges legal theory and the study of the profession’s ethical responsibilities. The gap between the two subjects is surprising and unfortunate because, as David Luban so deftly shows, they are mutually enriching and share the same pressing concerns. By all rights, both fields should be transformed by his work.   To […]

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Legal Ethics as “Political Moralism” or the Morality of Politics

As a law student with some background in moral philosophy and applied ethics, naturally I was drawn to thinking about the big ethical questions facing lawyers. “Read Lawyers and Justice, by David Luban,” my legal ethics seminar professor suggested. I did, and I was immediately hooked. Lawyers and Justice was a powerfully argued, elegant, and persuasive refutation of the […]

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The Inevitability of Conscience: A Response to My Critics

Many authors, I suspect, share my perception that they do not know their own book until they see the responses it provokes. Only then does it become clear what themes in the book matter, what is controversial, and, of course, what is mistaken, confusing, or self-contradictory. For that reason, I am particularly grateful for the careful readings and thoughtful […]

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