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Introduction | |
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An Anxious Profession | |
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The Moral Terrain of Lawyering | |
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The Dominant View and Alternatives A Preview | |
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False Starts A Right to Injustice | |
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The Entitlement Argument | |
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The Libertarian Premise | |
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The Positivist Premise | |
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Libertarianism versus Positivism | |
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The Problem of Retroactivity | |
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The Problem of Private Legislation | |
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Conclusion Justice in the Long Run | |
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Confidentiality | |
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The Adversary System and Trial Preparation | |
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Identification with Clients and Cognitive Dissonance | |
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The Efficiency of Categorical Norms | |
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Aptitude for Complex Judgment | |
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Conclusion Should Lawyers Obey the Law? | |
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Lawyer Obligation in the Dominant View | |
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Positivist versus Substantive Conceptions of Law The Pervasiveness of Implicit Nullification | |
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Some Clarification about Nullification | |
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Nullification versus Reform | |
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Tax versus Prohibition | |
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Determination versus Obligation | |
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A Prima Facie Obligation? | |
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Divorce Perjury and Enforcement Advice Revisited | |
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Conclusion Legal Professionalism as Meaningful Work | |
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The Problem of Alienation | |
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The Professional Solution | |
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The Lost Lawyer | |
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The Brandeisian Evasions | |
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Self-Betrayal Conclusion Legal Ethics as Contextual Judgment | |
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The Structure of Legal Ethics Problems | |
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Some Objections | |
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The Moral Terrain of Lawyering Revisited Is Criminal Defense Different? | |
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Contested Issues | |
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Weak Arguments for Aggressive Criminal Defense | |
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Social Work, Justice, and Nullification | |
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The Stakes | |
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Conclusion Institutionalizing Ethics | |
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A Contextual Disciplinary Regime: The Tort Model | |
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Restructuring the Market for Legal Services | |
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Conclusion Notes | |
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Further Reading | |
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Acknowledgments | |
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Index | |