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Conference on the Ethics of Legal Scholarship Nicky Booth-Perry Florida a & M University College of Law SJ Quinney College of Law, University of Utah Utah Law Digital Commons Utah Law Faculty Scholarship Utah Law Scholarship 7-2018 Transcript - Conference on the Ethics of Legal Scholarship Nicky Booth-Perry Florida A & M University College of Law Stanley Fish Florida International University (FIU) - College of Law Neil W. Hamilton University of St. Thomas School of Law (Minnesota) Leslie Francis S.J. Quinney College of Law, University of Utah, [email protected] Carissa Byrne Hessick University of North Carolina School of Law See next page for additional authors Follow this and additional works at: https://dc.law.utah.edu/scholarship Part of the Legal Ethics and Professional Responsibility Commons Recommended Citation Boothe-Perry, N., et al.,Transcript - Conference on the Ethics of Legal Scholarship, Marquette Law Review, Vol. 101, No. 4, 2018 This Conference Proceeding is brought to you for free and open access by the Utah Law Scholarship at Utah Law Digital Commons. It has been accepted for inclusion in Utah Law Faculty Scholarship by an authorized administrator of Utah Law Digital Commons. For more information, please contact [email protected]. Authors Nicky Booth-Perry, Stanley Fish, Neil W. Hamilton, Leslie Francis, Carissa Byrne Hessick, Paul Horwitz, Joseph D. Kearney, Chad M. Oldfather, Ryan Scoville, Eli Wald, and Robin L. West This conference proceeding is available at Utah Law Digital Commons: https://dc.law.utah.edu/scholarship/115 MARQUETTE UNIVERSITY LAW SCHOOL LEGAL STUDIES RESEARCH PAPER SERIES RESEARCH PAPER NO. 18-20 TRANSCRIPT—CONFERENCE ON THE ETHICS OF LEGAL SCHOLARSHIP 101 MARQUETTE LAW REVIEW 1084 (2018) This paper can be downloaded without charge from the Social Science Research Network Electronic Paper Collection: http://ssrn.com/abstract=3217300. Joseph D. Kearney Chad M. Oldfather Ryan Scoville Dean and Professor of Law Associate Dean for Academic Associate Professor of Law Marquette University Law School Affairs and Professor of Law Marquette University Law School Eckstein Hall Marquette University Law School Eckstein Hall P.O. Box 1881 Eckstein Hall P.O. Box 1881 Milwaukee, Wisconsin 53201-1881 P.O. Box 1881 Milwaukee, Wisconsin 53201-1881 [email protected] Milwaukee, Wisconsin 53201-1881 [email protected] [email protected] Electronic copy available at: https://ssrn.com/abstract=3217300 Marque e Law Review Volume 101 Issue 4 Symposium: Conference on the Ethics of Legal Article 13 Scholarship Conference on the Ethics of Legal Scholarship Follow this and additional works at: h4p://scholarship.law.marque4e.edu/mulr Part of the Legal Education Commons, and the Legal Ethics and Professional Responsibility Commons Repository Citation Conference on the Ethics of Legal Scholarship, 101 Marq. L. Rev. 1084 (2018). Available at: h4p://scholarship.law.marque4e.edu/mulr/vol101/iss4/13 3is Conference Proceeding is brought to you for free and open access by the Journals at Marque4e Law Scholarly Commons. It has been accepted for inclusion in Marque4e Law Review by an authorized editor of Marque4e Law Scholarly Commons. For more information, please contact [email protected]. Electronic copy available at: https://ssrn.com/abstract=3217300 CONFERENCE TRANSCRIPT 101 MARQ L REV (4).DOCX (DO NOT DELETE) 6/12/18 9:24 AM TRANSCRIPT—CONFERENCE ON THE ETHICS OF LEGAL SCHOLARSHIP MARQUETTE UNIVERSITY LAW SCHOOL SEPTEMBER 15–16, 2017 CONTRIBUTORS Nicola A. Boothe-Perry Associate Dean for Academic Affairs and Professor of Law, Florida Agricultural & Mechanical University, College of Law Stanley Fish Davidson-Kahn Distinguished University Professor of Humanities and Law, Florida International University, College of Law Leslie Francis Distinguished Alfred C. Emery Professor of Law and Distinguished Professor of Philosophy, University of Utah Neil Hamilton Thomas and Patricia Holloran Professor of Law and Co-Director of the Holloran Center for Ethical Leadership in the Professions, University of St. Thomas School of Law (MN) Carissa Byrne Hessick Anne Shea Ransdell and William Garland “Buck” Ransdell, Jr. Distinguished Professor of Law, University of North Carolina School of Law Paul Horwitz Gordon Rosen Professor, University of Alabama School of Law Joseph D. Kearney Dean and Professor of Law, Marquette University Law School Chad Oldfather Associate Dean for Academic Affairs and Professor of Law, Marquette University Law School Ryan Scoville Associate Professor of Law, Marquette University Law School Electronic copy available at: https://ssrn.com/abstract=3217300 CONFERENCE TRANSCRIPT 101 MARQ L REV (4).DOCX (DO NOT DELETE) 6/12/18 9:24 AM 1084 MARQUETTE LAW REVIEW [101:1083 Amanda Seligman Professor and Chair of History, College of Letters & Science, University of Wisconsin-Milwaukee Eli Wald Charles W. Delaney Jr. Professor of Law, University of Denver Sturm College of Law Robin West Frederick Haas Professor of Law and Philosophy, Georgetown University Law Center MARQUETTE LAW REVIEW EDITOR ATTENDEES Michael R. Anspach Editor in Chief Apallonia C. Wilhelm Managing Editor Nicholas G. Verhaalen Symposium Editor Blake C. Nold Senior Articles Editor DAY ONE ................................................................................................ 1084 A. Participant Introductions ........................................................ 1087 B. Session One: What Counts as Legal Scholarship and What is the Obligation of Neutrality? .............................................. 1096 C. Session Two: The Obligations of Sincerity, Candor, and Exhaustiveness ...................................................................... 1114 D. Session Three: The Mechanisms of Legal Scholarship, Especially Law Reviews and the Issues They Create .............. 1133 E. Session Four: The Mechanisms of Legal Scholarship, Continue ................................................................................ 1152 DAY 2 TWO ............................................................................................. 1168 A. Session Five: What Have We Missed? Additions and Modifications ......................................................................... 1168 B. Session Six: Final Session ...................................................... 1184 DAY ONE JOSEPH KEARNEY: Good morning. Stanley Fish told me just now that when he was dean, he loved opening remarks. This, of course, is why I support Electronic copy available at: https://ssrn.com/abstract=3217300 CONFERENCE TRANSCRIPT 101 MARQ L REV (4).DOCX (DO NOT DELETE) 6/12/18 9:24 AM 2018] CONFERENCE ON THE ETHICS OF LEGAL SCHOLARSHIP 1085 conferences such as this. I would deny it, but it will so obviously be true by the end of the next few minutes that it would not be a plausible denial. I do want to welcome all of you. My name is Joseph Kearney, and it’s a great privilege for me as dean of Marquette University Law School to welcome you here. To be sure, I appreciate that I welcome you to your own conference. That won’t stop me. I know that most, perhaps indeed all, of you have been engaged on this matter, together with my colleague, Chad Oldfather, and one another. I understand this to be a working conference, and you may be sure that my welcoming remarks will not keep you long from your work. Certainly, this is the sort of gathering that we at Marquette University Law School really consider it a privilege to host, especially since we opened this building, Eckstein Hall, in 2010. But even for some time before that, we at Marquette Law School have been known as Milwaukee’s public square. That’s an appellation that the Milwaukee Journal Sentinel, which we think to be a disinterested entity, gave us. We have been about the business of welcoming the community, engaging it in substantive ways on important and difficult topics, long and often. The Marquette Law School Poll, which we launched in 2012 and of which you may have heard, and our new endowed Lubar Center for Public Policy Research and Civic Education are only recent examples of this outreach. But it is no hyperbole to say that we are especially glad for this conference. That’s not only because Chad gave me a pass on all aspects of organizing it or planning it. Admittedly, he did that in part because he knows that with me it’s all or nothing, and so to have me organize part of it would have been probably not a happy collaboration for us. But really the reason that we’re happy to host this conference is that the topic is truly important. And for us to be able to gather here, at Marquette University Law School, substantial scholars from around the country is really a privilege for us. We are somewhat by ourselves here at Marquette University Law School, with Milwaukee’s being unusual among cities of its size in the sense that there is only one law school. I’m not lamenting that as a general matter, but, for gatherings such as this, it does mean that we have to persuade people to come and join us. It is true that Madison is only 75 miles away and Chicago is not much farther, but we are really quite glad to have you here today in our home, rolling up your sleeves. I also admit or claim a certain particular affinity for your topic. I have my own views about professional ethics within the law professoriate. No doubt they are less well developed than (and thus easily displaceable in favor of) whatever principles you collectively arrive at here. Yet I will indulge myself by making one specific point—an observation of a phenomenon that I find distasteful at best. This is the
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