Canceling Lawyers

Canceling Lawyers

Author: W. Bradley Wendel

Publisher: Oxford University Press

Published: 2024

Total Pages: 305

ISBN-13: 0197673422

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"Lawyers take pride in a professional tradition of representing unpopular clients, understanding it as a contribution to the rule of law and the practice of toleration in a polarized society. This does not mean that lawyers are fully insulated from criticism for the clients they represent. The seemingly intractable debate over accountability for representing nasty clients is in part the result of a deep, structural tension between the institutions and procedures of the legal system, and the underlying issues and controversies about which people disagree. We also care about the attitudes and motives of lawyers, which play an important role in evaluating the actions of others. Much of the frustration experienced by lawyers who are criticized for representing unpopular clients arises from what lawyers see as the public's inability to understand the rule of law and the function of the legal system in resolving conflicts over rights and justice. Using a series of case studies, this book explores the possibility that both lawyers and their critics are right. There is genuine value in a system of formal law that aims at settling social disagreement, but that is not the whole story. Public criticism of lawyers may reflect the sense that the legal system has fallen short of ideals of fairness and inclusiveness. Many of the lawyer shaming or "canceling" episodes discussed in this book arise out of the representation of clients in matters involving issues where it appears that the official process of establishing and interpreting formal law has been captured by powerful interests. Accepting a certain amount of public criticism is necessary to avoid a dangerous isolation of the legal profession from accountability to the broader political community, or from the humanity of lawyers being submerged by their professional role"--


Lawyers in Conflict and Transition

Lawyers in Conflict and Transition

Author: Kieran McEvoy

Publisher: Cambridge University Press

Published: 2022-03-17

Total Pages: 437

ISBN-13: 0521853982

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Studies what lawyers do in challenging contexts of conflict, authoritarianism, and the transition from violence.


Cancel This Book

Cancel This Book

Author: Dan Kovalik

Publisher: Simon and Schuster

Published: 2021-04-27

Total Pages: 237

ISBN-13: 1510764992

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Examining a phenomenon that is sweeping the country, Cancel This Book shines the spotlight on the suppression of open and candid debate. The public shaming of individuals for actual or perceived offenses, often against emerging notions of proper racial and gender norms and relations, has become commonplace. In a number of cases, the shaming is accompanied by calls for the offending individuals to lose their jobs, positions, or other status. Frequently, those targeted for “cancellation” simply do not know the latest, ever-changing norms (often related to language) that they are accused of transgressing—or they have honest questions about issues that have been deemed off-limits for debate and discussion. Cancel This Book offers a unique perspective from Dan Kovalik, a progressive author who supports the ongoing movements for racial and gender equality and justice, but who is concerned about the prevalence of “cancelling” people, and especially of people who are well-intentioned and who are themselves allied with these movements. While many progressives believe that “cancelling” others is a form of activism and holding others accountable, Cancel This Book argues that “cancellation” is oftentimes counter-productive and destructive of the very values which the “cancellers” claim to support. And indeed, we now see instances in the workplace where employers are using this spirt of “cancellation” to pit employees against each other, to exert more control over the workforce and to undermine worker and labor solidarity. Kovalik observes that many progressives are quietly opposed to this “Cancel Culture” and to many instances of “cancellation” they witness, but they are afraid to air these concerns publicly lest they themselves be “cancelled.” The result is the suppression of open debate about important issues involving racial and gender matters, and even issues related to how to best confront the current COVID-19 pandemic. While people speak in whispers about their true feelings about such issues, critical debate and discussion is avoided, resentments build, and the movement for justice and equality is ultimately disserved.