Lawyers' Ethics and the Pursuit of Social Justice : A Critical Reader

by Carle, Susan D.

• ISBN13: 9780814716403
• ISBN10: 0814716407
• Format: Paperback
• Copyright: 2005-08-28
• Publisher: New York Univ Pr

Summary

View the Table of Contents. Read the Introduction.Susan Carle has done an extraordinary service. Her collection is sophisticated, challenging, and desperately needed. The legal academy is often sadly prone to treat the ethics of lawyering as an afterthought or a necessary nuisance. This smart collection of critical essays gives the subject the serious attention it deserves.--Peggy Cooper Davis, New York University School of LawCarle has put together an important collection of readings. This book will be a valuable addition to any course on the legal profession.--David Wilkins, Harvard Law SchoolSusan Carle's book brings together the best writings on the more visionary and justice-seeking goals of the legal profession. Lawyers should serve society, clients at large, as well as clients in need. This book will be assigned reading in courses devoted to lawyering and social justice--it should be required reading for all legal professionals.--Carrie Menkel-Meadow, Georgetown University Law CenterLawyers and law students alike will benefit from this volume's strong and persuasive reminder that traditional 'good' lawyering and a moral commitment to social justice can walk hand in hand. Teachers who want to remind students of why they came to law school--to leave the world a better place than they found it--will find this book a great asset.--Richard Zitrin, author of Legal Ethics in the Practice of LawLegal ethics should be far more than a set of rules on professional responsibility; they can serve as a means for changing power relations, empowering the disenfranchised, and advocating progressive social change. Lawyers' Ethics and the Pursuit of Social Justice broadens the discussion on legal ethics by first introducing the historical and theoretical background and then connecting it to real world issues while addressing lawyers' ethical obligations to work for social justice.The reader features differing critical approaches and opens up new avenues of ethical debate. While the literature included is diverse and interdisciplinary, it shares a vision of legal ethical inquiry as a means for changing power relations, empowering the disenfranchised, and advocating progressive social change. Through a combination of provocative selections, lively writing, concrete examples of cases and social movements, and incisive editorial commentary, LawyersÆ Ethics and the Pursuit of Social Justice defines the emergence of an exciting new field of critical legal ethics scholarship.

Table of Contents

Foreword	xiii
Robert W. Gordon
Introduction	1	(12)
PART A: Theory and History
1 Theories of Professional Regulation	13	(33)
Why Does the ABA Promulgate Ethical Rules?	18	(7)
Richard L. Abel
Beyond Monopoly: Lawyers, State Crises, and Professional Empowerment	25	(6)
Terence C. Halliday
Who Should Regulate Lawyers?	31	(10)
David B. Wilkins
Seeking the Faces of Otherness	41	(5)
Lucie E. White
2 Historical Perspectives	46	(58)
A. ANTEBELLUM ETHICS
Rediscovering the Republican Origins of the Legal Ethics Codes	53	(8)
Russell G. Pearce
The Myth of Civic Republicanism: Interrogating the Ideology of Antebellum Legal Ethics	61	(5)
Norman W. Spaulding
B. ELITE LAWYERS IN THE PROGRESSIVE ERA
The Independence of Lawyers	66	(6)
Robert W. Gordon
Elusive Advocate: Reconsidering Brandeis as People's Lawyer	72	(7)
Clyde Spillenger
A Stratified Profession	79	(6)
Jerold S. Auerbach
C. INSIDERS/OUTSIDERS: LAWYERS' LIVES/LAWYERS' AGENCY
The New Woman Lawyer and the Challenge of Gender Equality in Early Twentieth-Century America	85	(7)
Virginia G. Drachman
A Social History of Everyday Practice: Sadie T.M. Alexander and the Incorporation of Black Women into the American Legal Profession, 1925-1960	92	(7)
Kenneth W. Mack
D. THE LATER TWENTIETH CENTURY AND A CHANGING PROFESSION
Culture Clash in the Quality of Life in the Law: Changes in the Economics, Diversification, and Organization of Lawyering	99	(10)
Carrie Menkel-Meadow
3 Historical Case Studies	104	(41)
A. LEGAL ETHICS AND THE NAACP
Emancipation	109	(5)
J. Clay Smith Jr.
Race, Class, and Legal Ethics in the Early NAACP (1910-1920)	114	(6)
Susan D. Carle
Groundwork: Charles Hamilton Houston and the Struggle for Civil Rights	120	(8)
Genna Rae MacNeil
Serving Two Masters: Integration Ideals and Client Interests in School Desegregation Litigation	128	(8)
Derrick A. Bell Jr.
B. THE POVERTY LAW MOVEMENT
From Ethics to Politics: Confronting Scarcity and Fairness in Public Interest Practice	136	(15)
Gary Bellow and Jeanne Kettleson
PART B: Contemporary Critical Approaches
4 Clinical Approaches	145	(79)
A. CLIENT CENTERED/COLLABORATIVE LAWYERING
Client-Centered Counseling: Reappraisal and Refinement	151	(6)
Robert D. Dinerstein
Subordination, Rhetorical Survival Skills, and Sunday Shoes: Notes on the Hearing of Mrs. G.	157	(12)
Lucie E. White
Give Them Back Their Lives: Recognizing Client Narrative in Case Theory	169	(12)
Binny Miller
People from the Footnotes: The Missing Element in Client-Centered Counseling	181	(6)
Michelle S. Jacobs
B. COMMUNITY/REBELLIOUS LAWYERING
The Rebellious Idea of Lawyering against Subordination	187	(14)
Gerald P. López
[On the] Road Back In: Community Lawyering in Indigenous Communities	201	(9)
Cristine Zuni Cruz
The Hmong Campaign for Justice: A Practitioner's Perspective	210	(20)
Victor M. Hwang
5 Critical Theories	224	(82)
A. CRITICAL LEGAL STUDIES
Building Power and Breaking Images: Critical Legal Theory and the Practice of Law	230	(8)
Peter Gabel and Paul Harris
Ethical Discretion in Lawyering	238	(7)
William H. Simon
B. CRITICAL RACE THEORY
Prosecution and Race: The Power and Privilege of Discretion	245	(13)
Angela J. Davis
In the Interest of Racial Harmony: Revisiting the Lawyer's Duty to Work for the Common Good	258	(7)
Bill Ong Hing
(Er)race-ing an Ethic of Justice	265	(9)
Anthony V. Alfieri
C. FEMINIST THEORY/LEGAL PRAXIS
Portia Redux: Another Look at Gender, Feminism, and Legal Ethics	274	(8)
Carrie Menkel-Meadow
Race and Essentialism in Feminist Legal Theory	282	(7)
Angela P. Harris
Lessons and Challenges of Becoming Gentlemen	289	(6)
Lani Guinier
A Theory-Practice Spiral: The Ethics of Feminism and Clinical Education	295	(14)
Phyllis Goldfarb
6 Legal Ethics Exploration through Literature, Myth, and Popular Culture	306	(21)
The Movie Lawyers' Guide to Redemptive Legal Practice	309	(8)
Paul Bergman
How the Butler Was Made to Do It: The Perverted Professionalism of The Remains of the Day	317	(10)
Rob Atkinson
7 Legal Ethics and Religious Commitment	327	(24)
Panel Discussion: Does Religious Faith Interfere with a Lawyer's Work?	329	(10)
Stephen Carter
The Jewish Lawyer's Question	339	(4)
Russell G. Pearce
Should a Christian Lawyer Serve the Guilty?	343	(8)
Thomas L. Shaffer
8 Future Challenges: Corporate Power and Lawyers' Counseling Role	351	(34)
Making Sense of Moral Meltdowns	355	(16)
David Luban
A New Role for Lawyers? The Corporate Counselor after Enron	371	(14)
Robert W. Gordon
Appendix	385	(14)
Notes	399	(20)
Index	419	(6)
About the Editor	425