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Alternative Litigation Finance and anti-Commodification Norms

have argued for the latter position, against what may be called the Holmesian bad man stance. See W. BRADLEY WENDEL, LAWYERS AND FIDELITY TO LAW 60–61, 201–02 (2010). The point here is not to get into ... transform lawyers from members of a profession, practicing a noble calling, to “mere” businesspeople.50 In the mid-nineteenth century, which lawyers today 46. Id. at 22. 47. See W. Bradley Wendel, Regulation

Lawyers, Citizens, and the Internal Point of View

has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The F ordham Law Archive of Scholarship and History. For more information , please contact 1 W. Bradley Wendel ... morally well founded. 97 If each 94. See Wendel, supra note 85; W. Bradley Wendel, Legal Ethics and the Separationof Law and Morals, 91 Cornell L. Rev. 67 (2005). Although I have tended to talk about the

Regulation of Lawyers Without the Code, the Rules, or the Restatement: Or, What Do Honor and Shame Have to do with Civil Discovery Practice?

, nonlegal sanctions may be, exploited as weapons, just as 49. W. Bradley Wendel, Nonlegal Regulation of the Legal Profession: Social Norms in ProfessionalCommunities,54 Vand. L. Rev. 1955 (2001). 50

Foreword: The Profession’s Monopoly and Its Core Values

, 2013 , 3 :02 PM), until_friday_law_firm_partner/. 45. See , e.g., W. Bradley Wendel, In Search of Core Values, 16

The Lawyer's Role in a Contemporary Democracy, Promoting the Rule of Law, Government Lawyers, Democracy, and The Rule of Law

, 77 Fordham L. Rev. 1333 (2009). Available at: - Article 7 THE RULE OF LAW W. Bradley Wendel* INTRODUCTION: GETTING THE CLICHtS OUT OF THE WAY What does it mean for a government actor to lack the

Explanation in Legal Scholarship: The Inferential Structure of Doctrinal Legal Analysis

By W. Bradley Wendel, Published on 01/01/11 ... DwomuN, LAW's EMPIRE, supra note 8, at 243. 162 W. Bradley Wendel, Legal Advising and the Rule of Law, in REAFFIRMING LEGAL ETHICs: TAKING STOCK AND NEW IDEAS 45, 53 (Kieran Tranter et al. eds., 2010); W

Legal Ethics as Political Moralism or the Morality of Politics

By W. Bradley Wendel, Published on 01/01/08 ... base their advice to clients on legal positions that they could, in principle, defend before an interpretive community of their peers. See W. Bradley Wendel, Professionalism as Interpretation,99 Nw. U. L

Legal Ethics and the Separation of Law and Morals

the ethical constraints on the lawyer's representation vary considerably as a result. See generally W. Bradley Wendel, Professionalismas Interpretation,99 Nw. U. L. REv. 1167 (2005) [hereinafter Wendel ... ), advances a similar notion, analyzing role-differentiated morality in professional ethics in terms of creating a "simplif[ied] moral .. .universe," id. at 23. 13 See generally W. Bradley Wendel, Civil

Campaign Contributions and Risk-Avoidance Rules in Judicial Ethics

By W. Bradley Wendel, Published on 04/15/18 ... - CAMPAIGN CONTRIBUTIONS AND RISK-AVOIDANCE RULES IN JUDICIAL ETHICS W. Bradley Wendel* INTRODUCTION To a large extent, our legal system relies on the professionalism of individual judges to safeguard

Lawyering in the Christian Colony: Some Hauerwasian Themes, Reflections, and Questions

LAWYERING IN THE CHRISTIAN COLONY: SOME HAUERWASIAN THEMES, REFLECTIONS, AND QUESTIONS W. BRADLEY WENDEL 0 1 0 Copyright © 2012 by W. Bradley Wendel. This article is also available at 1 Professor of

Sally Yates, Ronald Dworkin, and the Best View of the Law

for the client to decide, and the tech52. See generally W. BRADLEY WENDEL, LAWYERS AND FIDELITY TO LAW (2010) (arguing for a conception of the lawyer’s role’s morality that emphasizes the lawyer’s moral ... PROF’L CONDUCT r. 2.1 (AM. BAR ASS’N 2017) [hereinafter MODEL RULES]. 55. See generally W. Bradley Wendel, Government Lawyers in the Trump Administration, 68 HASTINGS L.J. (forthcoming 2017). 56. MODEL

Lawyering with Heart: A Warrior Ethos for Modern Lawyers Reviewing Allan C. Hutchinson, Fighting Fair: Legal Ethics for an Adversarial Age

important, but I have dealt with it at length elsewhere. Ibid at 26-34. See W Bradley Wendel, “The Craft of Legal Interpretation” in Yasutomo Morigiwa, Michael Stolleis & Jean-Louis Halpérin, eds

Coming to Grips With the Ethical Challenges For Capital Post-Conviction Representation Posed by Martinez v. Ryan

In its groundbreaking decision in Martinez v. Ryan, 556 U.S. 1 (2012), the Supreme Court of the United States held that inadequate assistance of post-conviction counsel could be sufficient “cause” to excuse a procedural default thus allowing a federal court in habeas corpus proceedings to reach the merits of an otherwise barred claim that an inmate was deprived of his Sixth...

Behavioral Psychology of Judicial Corruption: A Response to Judge Irwin and Daniel Real, The

-popping campaign expenditures and a frolic on the French Riviera, led to the U.S. Supreme Court's landmark decision in Capertonv. A. T. Massey Coal Company." 11. See, e.g., W. Bradley Wendel, Impartiality

Conflicts of Interest Under the Revised Model Rules

This article sets out the existing Nebraska law of multiple client conflicts for the purpose of comparing it with the revised Model Rules of Professional Conduct, approved by the ABA House of Delegates in 2002. The new version of the Model Rules is the result of several years of work by the so-called Ethics 2000 Commission, composed of prominent lawyers, judges, and academics. It...

Busting the Professional Trust: A Comment on William Simon's Ladd Lecture


Mixed Signals: Rational-Choice Theories of Social Norms and the Pragmatics of Explanation

By W. Bradley Wendel, Published on 01/01/02 ... and the Pragmatics of Explanation W. BRADLEY WENDEL! TABLE OF CONTENTS [C]ertain ideas burst upon the intellectual landscape with tremendous force. They resolve so many fundamental problems at once