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Articles by W. Bradley Wendel
Lawyers and presidential lawfare: Trump’s law firm executive orders
ABSTRACT This article considers the presidential lawfare campaign conducted by Donald Trump in the first few months of his presidency against numerous large law firms. After first briefly considering the evolution of the term ‘lawfare,’ the article briefly recounts the effort by Trump to punish law firms that represented political opponents or clients taking positions with which he disagreed.
Accountability, Conscience, and Dissent in the Legal Profession
The below is an excerpt from Canceling Lawyers: Case Studies of Accountability, Toleration, and Regret (Oxford University Press, 2024). Reprinted with permission. A Q&A with the author, Brad Wendel, follows the excerpt. Crisis at Cravath Founded in 1819 in New York City, Cravath, Swaine & Moore is the paradigm of an elite, “white shoe” law firm, with a long history of representing financial institutions, industrialists, publishers, and wealthy individuals.
The limits of liberal legal ethics
Click to increase image sizeClick to decrease image size Disclosure statement No potential conflict of interest was reported by the author(s). Notes 1 Laura Kalman, The Strange Career of Legal Liberalism (Yale University Press 1996) 4. 2 William H Simon, The Practice of Justice (Harvard University Press 1998); Mary Ann Glendon, A Nation Under Lawyers (Harvard University Press 1994); Anthony T Kronman, The Lost Lawyer (Belknap Press 1993). 3 Kronman (n 1) 154–60. 4 Simon (n 2) 138.
Legal Ethics in Today’s Political Climate
Forum Legal Ethics in Today’s Political Climate In this Collection, academic, judicial, and political voices examine the relationship between legal and judicial ethics and today’s political climate. The Essays range from discussions of the theoretical pillars of legal ethics to the appropriate boundaries of ethical behavior by various actors and institutions. Several suggest possible reforms.
Staying Off the Sidelines: Judges as Agents for Justice System Reform
abstract. Chief Justice Bridget McCormack argues there is no ethical obstacle to judges working to improve the justice system. To the contrary: although ethical constraints limit the form of their advocacy, effective law reform depends on judges’ contributions and they are ethically obligated to improve the judicial system over which they preside.
A Flood of Judicial Lobbying: Amicus Influence and Funding Transparency
abstract. This Essay explores how amicus briefs became a tool for coordinated judicial lobbying by dark-money interests. I show how current funding-disclosure rules for amici fail to provide genuine transparency—undermining fairness—and discuss reforms that could improve the judiciary’s amicus-disclosure regime and restore faith in the courts. Introduction Over the past several years, the prevalence of anonymously funded amicus curiae briefs at the Supreme Court has expanded.
A Warrior Ethos for Modern Lawyers Reviewing All" by W. Bradley Wendel
Prolific legal theorist Allan C. Hutchinson offers a provocative critical perspective on the relationship between law, the public interest, and lawyers’ practices. His recent book, Fighting Fair, seeks to ground legal ethics in the principles regulating one of the most universal and characteristic of all human activities—warfare.
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