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The Scholarship of Monroe H. Freedman

The Scholarship of Monroe H. Freedman

Monroe H. Freedman is hailed as one of the most important and influential scholars, authors, and speakers in the area of legal ethics. Peers in the field of lawyers’ ethics have called him “the conscience of our profession”and have said, “If we had to pick the one person who first created modern legal ethics as a serious academic specialty, it would be Monroe Freedman.” The Journal of the Legal Profession concluded: “[Monroe Freedman’s] thinking, writing and lectures ... have been the primary creative force in legal ethics today, both in the practice of law and in legal education.”

This collection brings together the vast majority of Professor Freedman's scholarly work found in legal journals and periodicals from 1957 through 2014. While it does not include his monographic or editorial work, this is the most complete open access collection of the works of Monroe H. Freedman available to date.

Submissions from 2014 2014

The Unconstitutionality of Electing State Judges, Monroe H. Freedman

Submissions from 2012 2012

A Critique of Philosophizing About Lawyers' Ethics, Monroe H. Freedman

The Unconstitutionality of Electing State Judges, Monroe H. Freedman

The Use of Unethical and Unconstitutional Practices and Policies by Prosecutors' Offices, Monroe H. Freedman

Submissions from 2011 2011

Henry Lord Brougham and Resolute Lawyering, Monroe H. Freedman

Submissions from 2010 2010

Misunderstanding Lawyers' Ethics, Monroe H. Freedman and Abbe Smith

Zealous Representation: The Pervasive Ethic, Monroe Freedman and Abbe Smith

Submissions from 2009 2009

Whatever Happened to the Search for Truth, Monroe H. Freedman

Submissions from 2008 2008

Cardozo’s Opinion in Lady Lucy’s Case: "Formative Unconscionability," Impracticality, and Judicial Abuse, Monroe H. Freedman

Getting Honest About Client Perjury, Monroe H. Freedman

Submissions from 2007 2007

Henry Lord Brougham - Advocating at the Edge for Human Rights, Monroe H. Freedman

Submissions from 2006 2006

Erroneous Disclosure of Damaging Information: A Response to Professor Andrew Perlman, Monroe H. Freedman

Henry Lord Brougham and Zeal, Monroe H. Freedman

Henry Lord Brougham, Written by Himself, Monroe H. Freedman

In Praise of Overzealous Representation - Lying to Judges, Deceiving Third Parties, and Other Ethical Conduct, Monroe H. Freedman

Submissions from 2005 2005

An Ethical Manifesto for Public Defenders, Monroe H. Freedman

Judicial Impartiality in the Supreme Court: The Troubling Case of Justice Stephen Breyer, Monroe H. Freedman

Submissions from 2004 2004

Duck-Blind Justice: Justice Scalia’s Memorandum in the Cheney Case, Monroe H. Freedman

The ‘Corporate Watch Dogs’ That Can’t Bark: How the New ABA Ethical Rules Protect Corporate Fraud, Monroe H. Freedman

Submissions from 2003 2003

The Professional Obligation to Raise Frivolous Issues in Death Penalty Cases, Monroe H. Freedman

Submissions from 2002 2002

How Does the Community Feel about Problem-Solving Courts?, Michele Bertran, Mary Barr, Charles Grodin, Monroe H. Freedman, and Jacqueline Nolan-Haley

How Lawyers Act in the Interests of Justice, Monroe H. Freedman

Submissions from 2001 2001

Free Speech for Judges: A Commentary on Lubet et al. v. Posner, Monroe H. Freedman

Professional Discipline of Prosecutors: A Response to Professor Zacharias, Monroe H. Freedman

Submissions from 2000 2000

Ethics, Truth, and Justice in Criminal Litigation, Monroe H. Freedman

Submissions from 1999 1999

Perjury as a Ground for Impeachment-A Textual and Contextual Analysis, Monroe H. Freedman

Submissions from 1998 1998

Caveat Lector: Conflicts of Interest of ALI Members in Drafting the Restatements, Monroe H. Freedman

Our Constitutionalized Adversary System, Monroe H. Freedman

Religion is Not Totally Irrelevant to Legal Ethics, Monroe H. Freedman

Submissions from 1997 1997

The Threat to Judicial Independence by Criticism of Judges - A Proposed Solution to the Real Problem, Monroe H. Freedman

Submissions from 1996 1996

The Life-Saving Exception to Confidentiality: Restating Law without the Was, the Will Be, or the Ought to Be, Monroe H. Freedman

Submissions from 1995 1995

The Lawyer's Moral Obligation of Justification, Monroe H. Freedman

Submissions from 1994 1994

Atticus Finch—Right and Wrong, Monroe H. Freedman

Kaye Scholer - Overzealous or Overblown?, Monroe H. Freedman

Submissions from 1992 1992

Professionalism In The American Adversary System, Monroe H. Freedman

Submissions from 1991 1991

Law in the 21st Century, Monroe Freedman

Ethical Ends and Ethical Means, Monroe H. Freedman

Submissions from 1988 1988

Client Confidences and Client Perjury: Some Unanswered Questions, Monroe H. Freedman

Two Fables, Monroe H. Freedman

Submissions from 1987 1987

Legal Ethics and the Suffering Client, Monroe H. Freedman

Submissions from 1986 1986

Advances in Prosecutors’ Ethics, Monroe H. Freedman

The Professional Responsibility of the Law Professor: Three Neglected Questions, Monroe H. Freedman

Submissions from 1984 1984

Ethical Problems Involved in Undercover Operations Against Lawyers - The Congressional Testimony of Monroe Freedman, Monroe H. Freedman

Submissions from 1982 1982

Arguing the Law in an Adversary System, Monroe H. Freedman

Lawyer-Client Confidences: The Model Rules' Radical Assault on Tradition, Monroe H. Freedman

Submissions from 1981 1981

Are the Model Rules Unconstitutional?, Monroe H. Freedman

The Securities and Exchange Commission's Enforcement Program: A Debate on the Enforcement Process, Monroe H. Freedman and Stanley Sporkin

Submissions from 1980 1980

Removal and Discipline of Federal Judges, Monroe H. Freedman

The Kutak Model Rules v. The American Lawyer's Code of Conduct, Monroe H. Freedman

Symposium Proceedings--Fifteenth Annual Symposium: Legal Ethics: Ideas in Conflict, Monroe H. Freedman, Robert McKay, Allen B. Zerfoss, Alexander Unkovic, and Mary Joe Frug

Submissions from 1978 1978

Lawyer Doesn't Always Know Best - The Client's Wishes Must Not Be Ignored because of the Profession's Love Affair with Its Own Mysteries, Monroe H. Freedman

Personal Responsibility in a Professional System, Monroe H. Freedman

The Loss of Idealism - By Whom? And When?, Monroe H. Freedman

Submissions from 1977 1977

Competency of Counsel and Judicial Responsibilty, Monroe H. Freedman

Prior Restraints on Freedom of Expression by Defendants and Defense Attorneys: Ratio Decidendi v. Obiter Dictum, Monroe H. Freedman and Janet Starwood

Submissions from 1976 1976

Advertising and Solicitation by Lawyers: A Proposed Redraft of Canon 2 of the Code of Professional Responsibility, Monroe H. Freedman

Counseling the Client: Refreshing Recollection or Prompting Perjury, Monroe H. Freedman

The Professional Obligation to Chase Ambulances, Monroe H. Freedman

Submissions from 1975 1975

Perjury: The Lawyer'sTrilemma, Monroe H. Freedman

SEC Repression of Effective Advocacy, Monroe H. Freedman

Submissions from 1974 1974

A Civil Libertarian Looks at Securities Regulation, Monroe H. Freedman

Judge Frankel’s Search for Truth, Monroe H. Freedman

Submissions from 1968 1968

Professional Responsibility of the Civil Practitioner: Teaching Legal Ethics in the Contracts Course, Monroe H. Freedman

Submissions from 1967 1967

The Professional Responsibility of the Prosecuting Attorney, Monroe H. Freedman

Submissions from 1966 1966

Professional Responsibility of the Criminal Defense Lawyer: The Three Hardest Questions, Monroe H. Freedman

Submissions from 1963 1963

Executive Order on Housing: The Constitutional Basis for What It Fails to Do, Monroe H. Freedman

Submissions from 1958 1958

Testing for Analytic Ability in the Law School Admission Test, Monroe H. Freedman

Submissions from 1957 1957

Nuisance, Ultrahazardous Activities, And The Atomic Reactor, Monroe H. Freedman