Steven Lubet

April 02, 2004 | Law.com

The recent Fulbright fiasco at the UC-Berkeley and particularly Dean Ann Mason's response provides us with interesting insights into ethics education. I have observed any number of law teachers say that �lying is counterproductive.� I think most lawyers would agree that liars often succeed and prosper. If we teach law students to refrain from lying for fear of being caught, what happens when they find themselves in situations where exposure seems impossible? What then is the motivation to tell the truth?

By Steven Lubet

7 minute read

September 02, 2005 | Law.com

While Tennessee's antievolution law was indefensible, other aspects of the "trial of the century" were far more complex.

By Steven Lubet

8 minute read

April 06, 2007 | The Recorder

Common sense to the contrary, facial expressions don't tell us much about witness credibility. But try telling some judges that.

By Steven Lubet

7 minute read

August 01, 2004 | The American Lawyer

Most days, I am proud to be a lawyer (which is a good thing, since I have devoted my professional life to teaching law students-hopefully preparing them to be decent, capable, ethical practitioners). Sometimes, however, the legal profession can be downright embarrassing. No, I am not talking about the ubiquitous lawyer jokes, or the so-called malpractice crisis, or even the constant questions about defending "the guilty."

By Steven Lubet

8 minute read

September 01, 2006 | The American Lawyer

ack in the early Seventies, some enterprising young legal services lawyers filed a creative lawsuit that challenged the procedures for evicting public housing tenants in Chicago. Following the U.S. Supreme Court's landmark opinion in Goldberg v. Kelly, they argued that public housing residents are entitled to fair hearings before the institution of eviction cases. The upshot of the suit was the creation of tenant boards, which had to approve every eviction (for grounds other than nonpayment of rent) before

By Steven Lubet

8 minute read

April 23, 2004 | Law.com

The stink raised by the Berkeley law dean over a missed deadline for Fulbright grants provides a useful ethics lesson: Telling lies isn't wrong on strategic grounds. It's just wrong. Ethical behavior should not bemotivated by fear of consequences. Consider this: If law students are taught not to lie for fear of being caught, what happens in situations where exposure seems nearly impossible? What then is the motivation to tell the truth?

By Steven Lubet

7 minute read

June 22, 2007 | Law.com

Out-of-control depositions require incisive judicial wisdom � not broad strokes morality � to nail the real culprits.

By Steven Lubet

7 minute read

March 01, 2006 | The American Lawyer

OST LAWYERS DO NOT spend a lot of time camping in the wilderness, and probably very few have ever come face-to-face with a cougar. But confronted with that situation, any good lawyer would know in a flash that it is essential to escape without getting eaten. Risk management and goal assessment are among the profession's most indispensable skills. And while there are precious few certainties in either life or law, I think I can say with absolute confidence that nobody ever wants to be devoured by a big cat.

By Steven Lubet

7 minute read

March 03, 2003 | Law.com

By Steven Lubet

6 minute read

November 01, 2004 | The American Lawyer

On January 17, 1998, President Bill Clinton testified at what turned out to be the most significant deposition in U.S. history. Sworn to tell the truth, he calmly lied about his affair with Monica Lewinsky, falsely stating he was never alone with her and that he never had sexual relations with her. He would soon repeat his lies on television: "I never had sex with that woman, Ms. Lewinsky." Several months later he would attempt to wriggle out of his falsehoods in his videotaped grand jury testimony. But the

By Steven Lubet

8 minute read