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Preface | |
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Introduction | |
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An Overview of the Argument | |
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A Note to the Reader | |
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Problems of Conscience: Trade Idioms and Moral Idioms | |
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The Case of the Wicked Uncle | |
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Lawyers Against the Law | |
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Realism and Partisanship | |
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The Refutation of Realism | |
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The Mistrust of Reason: Dr. Faust | |
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The Mistrust of Reason: Dr. Johnson | |
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The Moral Authority of Law | |
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The Obligation to Obey the Law | |
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Respect for Law as Respect for Our Fellows | |
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The Generality Requirement | |
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Enter the Adversary System | |
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Nonaccountability: Professor Freedman and Lord Brougham | |
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Institutional Excuses | |
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What the Adversary System Is | |
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Criminal and Civil Paradigms | |
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Why Have an Adversary System? | |
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Consequentialist Justifications of the Adversary System | |
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Nonconsequentialist Justifications of the Adversary System | |
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The Real Reason for the Adversary System | |
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An Example: The West German Procedural System | |
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The Problem of Role Morality | |
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Role Morality and Common Morality | |
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The Role Theorist's Explanation | |
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Morality as a Metaphysics of the Self | |
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The Structure of "My Station and Its Duties" | |
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Objections to "My Station and Its Duties," | |
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A Fresh Start | |
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The Structure of Role Morality | |
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The Fourfold Root of Sufficient Reasoning | |
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Two Patterns of Institutional Excuse | |
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How Our Analysis Differs from "My Station and Its Duties," | |
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Is It Too Much to Ask? | |
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The Division of Labor and the Morality of Acknowledgment | |
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The Opportunity in the Law | |
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Some Casuistical Examples | |
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The Standard Conception Repudiated | |
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Implications for the Codes | |
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Moral Activism | |
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The Lawyer for a Principle | |
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The Lawyer for the Damned (The Devil and Daniel Webster) | |
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The Lysistratian Prerogative | |
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The People's Lawyer | |
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Problems of Conscience: Keeping Confidences | |
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Client Confidences and Human Dignity | |
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Delulio's Defection | |
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A Shoot-Out in the ABA | |
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The Lawyer's Duty of Confidentiality | |
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Bentham's Argument | |
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The Argument from Rights | |
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Client Perjury | |
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From Evidence to Ethics | |
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Expanding the Horizons | |
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Corporate Counsel and Confidentiality | |
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The Pinto Case | |
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What's Wrong with Trading Lives for Cash? | |
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What the Rules Say | |
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The Privilege and the Duty for Corporate Counsel | |
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Who Personifies the Organization?--The Upjohn Error | |
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Does the Human Dignity Argument Work? | |
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Conclusion: A Memo to In-House Counsel Privy to Pinto Crash-Test Data | |
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Problems of Justice: Legal Aid | |
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The Right to Legal Services | |
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Overview of the Second Half: Brandeisian Meditations | |
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The Problem | |
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The Necessity Claim | |
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Is There a Moral Right to Legal Services? | |
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Implicit Rights | |
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Political Legitimacy | |
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Legitimation in America | |
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Legal Services and the Supreme Court | |
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Concluding Remarks | |
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Some Modest Proposals | |
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Deregulation of Routine Legal Services | |
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The Perception of Fairness | |
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A Plan for Mandatory Pro Bono | |
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The Moral Case for Mandatory Pro Bono | |
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Conclusion | |
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The People's Lawyer and Democratic Ideals | |
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The Attack on Legal Services | |
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The Public Interest Law Center | |
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The Siege of the LSC | |
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Four Arguments Against Politicized Legal Services | |
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The Taxation Objection | |
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The Equal Access Objection | |
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Innumerate Ethics | |
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Individualism versus Group Rights | |
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Client Control: Dirty Hands | |
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Recruiting Clients | |
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Double Agents and Dirty Hands | |
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Lawyer as Agent | |
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Lawyer as Political Agent: The Primus Decision | |
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"We Mutually Pledge to Each Other ..." | |
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The Moral Universe of Mutual Political Commitment | |
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Two Visions of the Human Good | |
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The Double Agent Problem | |
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Client Control: Class Conflicts | |
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Class Conflicts in Class Actions | |
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The Own-Mistakes Principle | |
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The Problem of Future Generations | |
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Responsible Representation | |
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Have We Answered the Client-Control Objection? | |
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The Objection from Democracy | |
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Legislative Failure: Silent Majorities and Silent Minorities | |
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Collective Action: Free-Riders and Information Costs | |
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Class Actions | |
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Lobbying, or Reflections on the Revolution in Washington | |
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Political Organizing: Group Politics versus Mass Politics | |
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Political Organizing: The Role of Legal Strategies | |
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How Standard is the Standard Conception? | |
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An Argument Against Innumerate Ethics | |
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Table of Cases | |
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Bibliography | |
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Index | |