Since David Luban's is the work on legal ethics that I admire and agree with most, there is an element of perversity in my vehement critique of his arguments on criminal defense. I am therefore especially thankful for his gracious and thoughtful response. Nevertheless, I remain convinced that Luban is mistaken in excepting criminal defense from much of the responsibility to substantive justice that we both think appropriate in every other sphere of lawyering.
Criminal Law | Law | Law and Politics | Legal Ethics and Professional Responsibility
William H. Simon,
Further Reflections on Libertarian Criminal Defense,
Mich. L. Rev.
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/884