DOCSLIB.ORG

Three Crises and Their Potential Impact on the Legal Profession

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Three Crises and Their Potential Impact on the Legal Profession LESSONS FROM THE PRESENT: THREE CRISES AND THEIR POTENTIAL IMPACT ON THE LEGAL PROFESSION Raymond H. Brescia* ABSTRACT The United States faces three simultaneous crises: a pandemic, a civil rights reckoning, and a crisis of democracy. The first of these crises has sparked dramatic—though potentially temporary—changes to the practice of law: moving much legal work to remote settings almost overnight, after the profession had largely resisted making such accommodations for decades. The second has sparked an assessment of the extent to which the practice of law and the legal system are both riddled with racism and institutional bias. The third, the crisis of democracy, has lawyers at its center, filing frivolous claims and fomenting an armed insurrection with designs on overturning the results of a free and fair election. If the past is any guide, these crises will provoke a period of introspection within the legal profession and prompt calls for change. What the profession tends to do in the wake of such crises and in response to such calls, however, is tinker around the margins of the rules regarding the operation of the profession, leading to little substantive, long-term, formal change. It is entirely possible, if not likely, that the legal profession could respond to these crises according to this same pattern. It does not have to be that way, however. This Article calls on the profession—even as we are still in the midst of these crises in many ways—to seize the opportunity to advance real, * Hon. Harold R. Tyler Chair in Law & Technology and Professor of Law, Albany Law School. I am grateful for the valuable input I received from my colleagues at Albany Law School, including Ava Ayers, Mary Lynch, Rosemary Queenan, Sarah Rogerson, Christian Sundquist, and Mary Walsh Fitzpatrick. I received excellent research assistance in preparing this work from Albany Law students Claire Burke, Jesse Gleason, Jessica Haller, and Krystal Macharie, as well as the unwavering support of my legal assistant, Sherri Ann Meyer. All errors and omissions are, of course, my own. 607 608 HOFSTRA LAW REVIEW [Vol. 49:607 lasting, and meaningful change and recommit to the central role it must play in the defense of the rule of law and democracy. I. INTRODUCTION Since early 2020, nations and communities across the world have had to confront a deadly pandemic.1 In this same year, and into 2021, the United States has faced a confluence of three simultaneous crises2: the pandemic itself, as well as its economic fallout,3 but also a renewed call for racial justice in the wake of highly publicized incidents of police misconduct (the racial justice crisis),4 and a highly orchestrated and multi-pronged campaign to overturn the results of the 2020 election (the crisis of democracy).5 These events, sandwiched by two presidential impeachments,6 have led to trillions of dollars in economic intervention,7 calls for police reforms and wide-ranging efforts to root out institutional racism and implicit bias,8 and a profound sense that the rule of law is in 1. For a general discussion of the scope and impact of the pandemic, although the world will likely never get a full accounting of its devastation, see FAREED ZAKARIA, TEN LESSONS FOR A POST-PANDEMIC WORLD 1-11 (2020); see also SCOTT GALLOWAY, POST CORONA: FROM CRISIS TO OPPORTUNITY xv-xviii (2020) (providing an analysis of the early economic impacts of the pandemic). 2. On President Biden’s first day in office, The New York Times ran a headline that read: “Biden Inaugurated as the 46th President Amid a Cascade of Crises.” Peter Baker, Biden Inaugurated as the 46th President Amid a Cascade of Crises, N.Y. TIMES (Jan. 26, 2021), https://www.nytimes.com/2021/01/20/us/politics/biden-president.html. 3. See Kim Parker et al., Economic Fallout from COVID-19 Continues to Hit Lower-Income Americans the Hardest, PEW RSCH. CTR. (Sep. 24, 2020), https://www.pewsocialtrends.org/2020/09/24/economic-fallout-from-covid-19-continues-to-hit- lower-income-americans-the-hardest (describing economic impacts of COVID-19). 4. Amy Harmon et al., From Cosmetics to NASCAR, Calls for Racial Justice Are Spreading, N.Y. TIMES (Sept. 14, 2020), https://www.nytimes.com/2020/06/13/us/george-floyd-racism- america.html (describing wide-ranging efforts to address police misconduct in the wake of the Black Lives Matter protests of 2020). This is not to say that this crisis is new, particularly for the BIPOC community. Rather, the highly publicized videos of police killings of Black men and the murder of Breonna Taylor appeared to elevate this crisis in the public consciousness. 5. William Cummings et al., By the Numbers: President Donald Trump’s Failed Efforts to Overturn the Election, USA TODAY: NEWS (Jan. 6, 2021, 10:50 AM), https://www.usatoday.com/in-depth/news/politics/elections/2021/01/06/trumps-failed-efforts- overturn-election-numbers/4130307001 (describing the failure of the legal campaigns to overturn the results of the 2020 presidential election). 6. See Nicholas Fandos, Trump Impeached for Inciting Insurrection, N.Y. TIMES (Feb. 12, 2021), https://www.nytimes.com/2021/01/13/us/politics/trump-impeached.html (noting the unprecedented nature of President Trump’s second impeachment). 7. See How Is the Federal Government Funding Relief Efforts for COVID-19?, USASPENDING.GOV, https://datalab.usaspending.gov/federal-covid-funding (last visited Apr. 1, 2021) (noting trillions of dollars in financial relief). 8. See, e.g., Adam Serwer, The New Reconstruction, ATLANTIC, Oct. 2020, https://www.theatlantic.com/magazine/archive/2020/10/the-next-reconstruction/615475 2021] LESSONS FROM THE PRESENT 609 jeopardy in the United States.9 At the center of many of these crises are lawyers: lawyers who have played significant roles in efforts to address these crises, but have also made them worse in many ways.10 These crises, and others like them, have also exposed some of the best and worst qualities of the legal profession. It is in the wake of crises like these that scholars, judges, and leaders of the bar often call for reform of the profession.11 Indeed, events such as the Watergate scandal;12 the Savings & Loan Crisis;13 the impeachment of President Clinton and his subsequent suspension from the practice of law;14 the Enron scandal;15 (highlighting the impact of police violence protests on public discourse and opinion, leading to greater acknowledgment of the need to address racial injustice). 9. See, e.g., Charles Gardner Geyh, In Trump Election Fraud Cases, Federal Judges Upheld the Rule of Law—But That’s Not Enough to Fix US Politics, CONVERSATION (Dec. 18, 2020, 8:55 AM), https://theconversation.com/in-trump-election-fraud-cases-federal-judges-upheld-the-rule-of- law-but-thats-not-enough-to-fix-us-politics-152060 (describing present threats to the rule of law in the United States and measures needed to address them). 10. In a recent publication, the contributors explore the role of lawyers in addressing crisis situations and examine the best practices in such settings. See generally CRISIS LAWYERING: EFFECTIVE LEGAL ADVOCACY IN EMERGENCY SITUATIONS (Ray Brescia & Eric K. Stern eds., 2021). 11. See Raymond H. Brescia, Ethics in Pandemics: The Lawyer for the (Crisis) Situation, 34 GEO. J. LEGAL ETHICS (forthcoming 2021) (manuscript at 19) (discussing the notion that calls for reform in the legal profession often following crises and scandals); see also William H. Simon, Introduction: The Post-Enron Identity Crisis of the Business Lawyer, 74 FORDHAM L. REV. 947, 951-54 (2005) (describing calls for reform in the wake of the Enron scandal); MARY ANN GLENDON, A NATION UNDER LAWYERS: HOW THE CRISIS IN THE LEGAL PROFESSION IS TRANSFORMING AMERICAN SOCIETY 4-14 (1994) (discussing the crisis in the profession as being represented by a widening gap between lawyers and the broader community as to perceptions about the role of law in society). Criticism of the profession is often cast as a crisis for the profession itself. See, e.g., Eli Wald & Russell G. Pearce, Being Good Lawyers: A Relational Approach to Law Practice, 29 GEO. J. LEGAL ETHICS 601, 606-12 (2016) (describing “the crisis of professionalism” in the legal profession). Such criticism is not something that is new in American culture, however. See, e.g., DEBORAH L. RHODE, IN THE INTERESTS OF JUSTICE: REFORMING THE LEGAL PROFESSION 11-13 (2000) (noting dissatisfaction with the profession is practically as old as the profession itself); Geoffrey C. Hazard, Jr., The Future of Legal Ethics, 100 YALE L.J. 1239, 1239-40 (1991) (describing crisis in legal profession and legal ethics as an ever-present “chronic grievance” associated with dissatisfaction with lawyers). 12. See generally JAMES E. MOLITERNO, THE AMERICAN LEGAL PROFESSION IN CRISIS: RESISTANCE AND RESPONSES TO CHANGE 96-107 (2013) (describing the involvement of lawyers in the Watergate scandal and the event’s impact on the profession). 13. See, e.g., William H. Simon, The Kaye Scholer Affair: The Lawyer’s Duty of Candor and the Bar’s Temptations of Evasion and Apology, 23 LAW & SOC. INQUIRY 243, 280-82 (1998) (discussing the changes effected upon the profession due to the Savings & Loan Crisis); Robert G. Day, Administrative Watchdogs or Zealous Advocates? Implications for Legal Ethics in the Face of Expanded Attorney Liability, 45 STAN. L. REV. 645, 649-59 (1993) (describing legal reforms instituted after the Savings & Loan crisis and their potential effects on legal ethics). 14. His punishment included being permanently disbarred from practice before the United States Supreme Court. Duncan Campbell, Lewinsky Scandal Ends as Clinton Is Disbarred, GUARDIAN (Oct.
Load more

Recommended publications
  • Congressional Record—Senate S1184
    S1184 CONGRESSIONAL RECORD — SENATE February 27, 2020 bomb components, repair and return of weap- get. Laser designation for the LGB can be ests above the interests of the United States. ons, weapons training equipment, practice provided by a variety of laser target markers The House Impeachment Managers have bombs, TTU–595 Test Set and spares, fin as- or designators. proven that the President’s abuse of power semblies, rocket motors, training aids/de- 4. Mk–82 General Purpose (GP) bomb is a and congressional obstruction amount to the vices/spare parts, aircraft spare parts, sup- 500 pound, free-fall, unguided, low-drag weap- constitutional standard of ‘‘high Crimes and port equipment, clothing and textiles, publi- on usually equipped with the mechanical Misdemeanors’’ for which the sole remedy is cations and technical documentation, travel M904 (nose) and M905 (tail) fuzes or the conviction and removal from office. expenses, medical services, construction, air- radar-proximity FMU–113 air-burst fuze. The II. STATEMENT OF THE FACTS craft ferry support, technical and logistical Mk–82 is designed for soft, fragment sen- On December 18, 2019, the United States support services, major modifications/class sitive targets and is not intended for hard House of Representatives passed H. Res. 755,1 IV support, personnel training and training targets or penetrations. The explosive filling ‘‘Impeaching Donald John Trump, President equipment, U.S. Government and contractor is usually tritonal, though other composi- of the United States, for high crimes and program support, and other related elements tions have sometimes been used. misdemeanors.’’ H. Res. 755 contains two Ar- of logistics and program support.
    [Show full text]
  • Impeachment, Donald Trump and the Attempted Extortion of Ukraine
    Pace Law Review Volume 40 Issue 2 Article 4 July 2020 IMPEACHMENT, DONALD TRUMP AND THE ATTEMPTED EXTORTION OF UKRAINE Lawrence J. Trautman [email protected] Follow this and additional works at: https://digitalcommons.pace.edu/plr Part of the Law Commons Recommended Citation Lawrence J. Trautman, IMPEACHMENT, DONALD TRUMP AND THE ATTEMPTED EXTORTION OF UKRAINE, 40 Pace L. Rev. 141 (2020) Available at: https://digitalcommons.pace.edu/plr/vol40/iss2/4 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace Law Review by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. IMPEACHMENT, DONALD TRUMP AND THE ATTEMPTED EXTORTION OF UKRAINE Lawrence J. Trautman1 TABLE OF CONTENTS I. INTRODUCTION ............................................................... 143 II. THE CONSTITUTIONAL PROVISION FOR IMPEACHMENT ....................................................................... 144 A. Treason ......................................................................... 145 B. Bribery .......................................................................... 145 C. Other High Crimes and Misdemeanors ..................... 145 D. Impeachment Is An Emergency Measure .................. 146 III. HISTORY OF U.S. PRESIDENTIAL IMPEACHMENT PROCEEDINGS ........................................................................ 148 A. President Andrew Johnson ......................................... 149
    [Show full text]
  • Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 116 CONGRESS, SECOND SESSION
    E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 116 CONGRESS, SECOND SESSION Vol. 166 WASHINGTON, TUESDAY, JANUARY 21, 2020 No. 12 Senate The Senate met at 12:30 p.m. and was Framers of our Constitution knew that crats had received when they were in called to order by the President pro the Senate—and only the Senate— the minority back in 1998. Here in the tempore (Mr. GRASSLEY). could handle. Our Founders trusted the Senate, every single Senator will have f Senate to rise above short-term pas- exactly the same rights and exactly sions and factionalism. They trusted the same ability to ask questions. PRAYER the Senate to soberly consider what The House broke with fairness by The Chaplain, Dr. Barry C. Black, of- has actually been proven and which cutting President Trump’s counsel out fered the following prayer: outcome best serves the Nation. That of their inquiry to an unprecedented Let us pray. is a pretty high bar, and you might say degree. Here in the Senate, the Presi- Eternal God, You are our rock and that later today, this body will take dent’s lawyers will finally receive a fortress. Keep us from dishonor. Only our entrance exam. level playing field with the House by walking in Your precepts can our Today, we will consider and pass an Democrats and will finally be able to lawmakers remain within the circle of organizing resolution that will struc- present the President’s case. Finally, Your protection and blessings.
    [Show full text]
  • Trench Warfare
    mike davis TRENCH WARFARE Notes on the 2020 Election e assume that times of great social upheaval and human peril produce equally dramatic political reactions: uprisings, counter-revolutions, new deals and civil wars. The one and only thing that most Americans agree about Wis that we are living in such a time, the greatest national crisis since 1932 or even 1860. Against a background of plague, impeachment, racist vio- lence and unemployment, one party espouses a vision of autocratized government and a return to the happy days of a white Republic. The other offers a sentimental journey back to the multicultural centrism of the Obama years. (Biden’s promise of a ‘new new deal’ was for gullible progressives’ ears only.) Both parties are backward looking, solipsistic and unanchored in economic reality, but the first echoes the darkest side of modern history. The vote, held on a day when more than 100,000 Americans tested positive for covid-19, was supposed to deliver a definitive verdict on Donald Trump. Indeed the President’s increasingly frenetic attempts to delegitimize the election seemed to signal his appre- hension of a Democratic landslide. In the event a projected 160 million ballots were mailed in or cast in person, representing the highest turn- out rate in 120 years. A stunning judgement was expected. Instead the election results are a virtual photocopy of 2016: all the disas- ters of the last four years appear to have barely moved the needle. Biden eked out a slim victory, in some states only by microscopic margins, that won him 306 electoral votes, the same as Trump four years ago.
    [Show full text]
  • Hunter Biden, Burisma, and Corruption: the Impact on U.S
    Hunter Biden, Burisma, and Corruption: The Impact on U.S. Government Policy and Related Concerns U.S. Senate Committee on Homeland Security and Governmental Affairs U.S. Senate Committee on Finance Majority Staff Report TABLE OF CONTENTS I. EXECUTIVE SUMMARY II. INTRODUCTION III. CONFLICTS OF INTEREST IV. THE VICE PRESIDENT’S OFFICE AND STATE DEPARTMENT OFFICIALS WERE AWARE OF BUT IGNORED CONCERNS RELATING TO HUNTER BIDEN’S ROLE ON BURISMA’S BOARD. V. SECRETARY OF STATE JOHN KERRY FALSELY CLAIMED HE HAD NO KNOWLEDGE ABOUT HUNTER BIDEN’S ROLE ON BURISMA’S BOARD. VI. STATE DEPARTMENT OFFICIALS VIEWED MYKOLA ZLOCHEVSKY AS A CORRUPT, “ODIOUS OLIGARCH,” BUT VICE PRESIDENT BIDEN WAS ADVISED NOT TO ACCUSE ZLOCHEVSKY OF CORRUPTION. VII. WHILE HUNTER BIDEN SERVED ON BURISMA’S BOARD, BURISMA’S OWNER, ZLOCHEVSKY, ALLEGEDLY PAID A $7 MILLION BRIBE TO UKRAINE’S PROSECUTOR GENERAL’S OFFICE TO CLOSE THE CASE. VIII. HUNTER BIDEN: A SECRET SERVICE PROTECTEE WHILE ON BURISMA’S BOARD. IX. OBAMA ADMINISTRATION OFFICIALS AND A DEMOCRAT LOBBYING FIRM HAD CONSISTENT AND SIGNIFICANT CONTACT WITH FORMER UKRAINIAN OFFICIAL ANDRII TELIZHENKO. X. THE MINORITY FALSELY ACCUSED THE CHAIRMEN OF ENGAGING IN A RUSSIAN DISINFORMATION CAMPAIGN AND USED OTHER TACTICS TO INTERFERE IN THE INVESTIGATION. XI. HUNTER BIDEN’S AND HIS FAMILY’S FINANCIAL TRANSACTIONS WITH UKRAINIAN, RUSSIAN, KAZAKH AND CHINESE NATIONALS RAISE CRIMINAL CONCERNS AND EXTORTION THREATS. XII. CONCLUSION 2 I. EXECUTIVE SUMMARY In late 2013 and into 2014, mass protests erupted in Kyiv, Ukraine, demanding integration into western economies and an end to systemic corruption that had plagued the country. At least 82 people were killed during the protests, which culminated on Feb.
    [Show full text]
  • A Mixed Methods Approach to Understanding US Government
    Colby College Digital Commons @ Colby Honors Theses Student Research 2020 Ground to a Halt: A Mixed Methods Approach to Understanding U.S. Government Shutdowns Ian R. Baum Follow this and additional works at: https://digitalcommons.colby.edu/honorstheses Part of the American Politics Commons Colby College theses are protected by copyright. They may be viewed or downloaded from this site for the purposes of research and scholarship. Reproduction or distribution for commercial purposes is prohibited without written permission of the author. Recommended Citation Baum, Ian R., "Ground to a Halt: A Mixed Methods Approach to Understanding U.S. Government Shutdowns" (2020). Honors Theses. Paper 973. https://digitalcommons.colby.edu/honorstheses/973 This Honors Thesis (Open Access) is brought to you for free and open access by the Student Research at Digital Commons @ Colby. It has been accepted for inclusion in Honors Theses by an authorized administrator of Digital Commons @ Colby. Baum 1 Ground to a Halt: A Mixed Methods Approach to Understanding U.S. Government Shutdowns Ian Baum Senior Honors Thesis Department of Government, Colby College First Reader: Sandy Maisel Second Reader: Nick Jacobs 17 April 2020 Abstract Government shutdowns are a relatively frequent, yet understudied, phenomenon in American politics. To better understand these shutdowns, I present them as competitions between parties in two areas: First, the policy space, in which each party tries to end a shutdown with a policy that coincides with that party’s ideology and; second, the public opinion space, in which each party attempts to win support from the public. I use both qualitative (case studies), and quantitative (formal and statistical models) methods to evaluate shutdowns using this lens.
    [Show full text]
  • Foreword: the Degradation of American Democracy—And the Court
    VOLUME 134 NOVEMBER 2020 NUMBER 1 © 2020 by The Harvard Law Review Association THE SUPREME COURT 2019 TERM FOREWORD: THE DEGRADATION OF AMERICAN DEMOCRACY — AND THE COURT† Michael J. Klarman CONTENTS INTRODUCTION ................................................................................................................................ 4 I. THE DEGRADATION OF AMERICAN DEMOCRACY ............................................................ 11 A. The Authoritarian Playbook ............................................................................................. 11 B. President Trump’s Authoritarian Bent ............................................................................ 19 1. Attacks on Freedom of the Press and Freedom of Speech .......................................... 20 2. Attacks on an Independent Judiciary .......................................................................... 22 3. Politicizing Law Enforcement ...................................................................................... 23 4. Politicizing the Rest of the Government ...................................................................... 25 5. Using Government Office for Private Gain .................................................................. 28 6. Encouraging Violence .................................................................................................... 32 7. Racism ............................................................................................................................. 33 8. Lies ..................................................................................................................................
    [Show full text]
  • A Case for the American People Notes
    A Case for the American People Notes Opening Statement 6 He will not change: As Adam Schiff said on February 3, 2020, “he will not change”: Adam Schiff, U.S Congress, Senate, Trial of Donald J. Trump, President of the United States, 116th Cong., 2nd sess., Congressional Record, (February 3, 2020): S788, https://www.congress.gov/116/crec/2020/01/23/CREC-2020-01-23-pt1-PgS513.pdf. Chapter 1: The Illegal President 10 partnered with my Republican ethics counterpart: For additional details on my work with Painter and other ethics experts, see “Ethics Commitments by Executive Branch Personnel,” Project on Government Oversight (POGO), January 24, 2017, https://www.pogo.org/letter/2017/01/ethics-commitments-by-executive-branch-personnel-draft. 12 package of ethics proposals: Norman Eisen and Peter Schweizer, “The Swamp Is Deep, and Here Are Five Bipartisan Ways to Drain It,” Washington Post, December 13, 2016, https://www.washingtonpost.com/opinions/the-swamp-is-deep-and-here-are-five-bipartisan- ways-to-drain-it/2016/12/13/720a747a-c096-11e6-897f-918837dae0ae_story.html. 13 Trump’s first press conference: “President-Elect Donald Trump News Conference,” C- SPAN, January 11, 2019, https://www.c-span.org/video/?421482-1/president-elect-donald-trump- election-year-hacking-i-russia. 17 Shaub’s denunciation: Eric Lipton and Nicholas Fandos, “Departing Ethics Chief: U.S. Is ‘Close to a Laughingstock,” New York Times, July 17, 2017, 1 https://www.nytimes.com/2017/07/17/us/politics/walter-shaub-ethics.html; “Remarks of Walter M. Shaub, Jr., Director, U.S. Office of Government Ethics, as Prepared for Delivery at 4:00 p.m.
    [Show full text]
  • Conspiracy Against the United States the Story of Trump and Russia
    GETTY KLIMENTYEV IMAGES/MIKHAIL Conspiracy Against the United States The Story of Trump and Russia By Max Bergmann, Jeremy Venook, and the Moscow Project Team November 2018 WWW.AMERICANPROGRESSACTION.ORG Conspiracy Against the United States The Story of Trump and Russia By Max Bergmann, Jeremy Venook, and the Moscow Project Team November 2018 Contents 1 Introduction and summary 4 An adversary returns 11 Bailed out by Russia 22 Cultivating an asset 28 The election 44 Putin’s payoff 56 The investigation 71 Recommendations 82 Conclusion 83 About the authors 84 Endnotes Introduction and summary On January 6, 2017, the United States intelligence community released its unclas- sified, official assessment of Russia’s unprecedented and unprovoked attack on the 2016 U.S. presidential election. In the report, all 17 intelligence agencies unani- mously assessed that Russian President Vladimir Putin had personally “ordered an influence campaign in 2016 aimed at the U.S. presidential election” with the specific aim of electing Donald Trump. The assessment in effect concluded that there were two campaigns to elect Trump—one operating out of Trump Tower and the other out of the Kremlin.1 Since then, the Russia investigation has revealed a sprawling scandal: Members of Trump’s campaign, including those in the president’s inner circle, were in constant contact with representatives of the Russian government throughout the election and transition. The two campaigns discussed tactics and policy, including the release of “dirt” on their mutual opponent, Hillary Clinton, and rolling back American sanc- tions against Russia. And they executed their strategies timed to maximally benefit Trump’s chances of victory.
    [Show full text]
  • Did President Trump's 2020 Election Litigation Kill Rule
    DID PRESIDENT TRUMP’S 2020 ELECTION LITIGATION KILL RULE 11? BRENDAN WILLIAMS INTRODUCTION ........................................................................................... 182 I.AN ATTORNEY’S DUTY TO AVOID FRIVOLOUS LITIGATION ....................... 187 II.THE LEGAL ATTACK ON DEMOCRACY ...................................................... 189 A. Arizona ..................................................................................... 189 B. Georgia .................................................................................... 191 C. Michigan .................................................................................. 193 D. Pennsylvania ............................................................................ 193 E. Wisconsin ................................................................................. 196 F. U.S. Supreme Court .................................................................. 197 III.A MOCKERY OF THE LEGAL SYSTEM ...................................................... 198 IV.CONGRESS AND THE INSURRECTION ....................................................... 206 CONCLUSION: IS RULE 11 DEAD? ................................................................ 212 Attorney Brendan Williams is a prolific writer on civil rights and health care issues when not busy running a New Hampshire health care association. This article is dedicated to Brendan’s Iowa City High School journalism teacher, Jack Kennedy, who encouraged his writing at a time when life could have taken him in the wrong direction.
    [Show full text]