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Legal Commentary

: The Volokh Conspiracy

Is Legal Ethics the ?Least analytically Rigorous and hence Most Subjective? Subject?

By Jonathan H. Adler

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(Jonathan H. Adler)

Justice Scalia apparently thinks so.  Writing in dissent in Holland v. Florida, Justice Scalia (joined by Justice Thomas) wrote the following:

The only thing the Court offers that approaches substantive instruction is its implicit approval of ?fundamental canons of professional responsibility,? articulated by an ad hoc group of legal-ethicist amici consisting mainly of professors of that least analytically rigorous and hence most subjective of law-school subjects, legal ethics. (emphasis added)

This prompts John Steele of Legal Ethics Forum to wonder whether legal ethics is, in fact, the ?most subjective of law school subjects.?  And if it is not, what is?


Full post as published by The Volokh Conspiracy on June 15, 2010 (boomark / email).

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