Acknowledgments

The essays in this book were written over many years, and I have presented them to a great many audiences. To acknowledge all the people whose comments, criticisms, and questions improved these papers is impossible.

Several debts, though, run deeper than help on individual papers. David Wasserman had the biggest philosophical influence on these papers, talking me through many of the arguments and a great deal of the social psychology that figures in the later chapters. Patrick Byrne has doubled as my relentless sparring partner and enthusiastic booster for more than twenty years. Julie O’Sullivan has changed the way I teach and think about law. Robin West has, over many years, become something akin to my alter ego. And Deborah Rhode, to whom this book is dedicated, has been both a great friend and an ideal co-author. Laboring with me through the four editions of our textbook, she has taught me most of the legal ethics I know.

Since I arrived at Georgetown, Carrie Menkel-Meadow and Mike Seidman have been steady sources of ideas and moral support. I’ve also gotten a great deal of help from my other Georgetown legal ethics colleagues Jeff Bauman, Heidi Feldman, Mike Frisch, Mitt Regan, Phil Schrag, and Abbe Smith - and, like all of them, I have drawn inspiration from the late Father Robert Drinan. Among legal ethics scholars elsewhere, Robert Gordon, Michael Kelly, Thomas Shaffer, and William Simon have had particular impact on the ideas in this book, through disagreement as well as agreement.

Equally important have been my clinical colleagues. Mike Millemann, one of the finest and most dynamic lawyers I’ve ever known, first fired my enthusiasm for clinical ethics teaching; at the University of Maryland, I also cut my teeth partnering in clinical ethics classes with Barbara Bezdek and Homer LaRue.

Several chapters of the book originated during my year as a Fellow of the Woodrow Wilson International Center for Scholars, an ideally collegial host. I wrote chapters 4 and 5 - the two new chapters of the book - during my visiting year at Stanford Law School, where Barbara Fried and Mark Kelman gave me especially helpful comments. Chapter 5 benefited greatly from an ongoing dialogue with Marty Lederman. I also wish to thank Colonel Bill Mayall and Captain John Yeager, who invited me on half-a-dozen occasions to present material from this book to multinational classes of military officers at the Industrial College of the Armed Forces in the National Defense Uni­versity. The acute comments of the officers worked their way into the final versions of several chapters.

I would also like to thank Judy Areen and Alex Aleinikoff, my deans at Georgetown, for the tremendous support they’ve given me, both institutional and intellectual; Kathleen Sullivan and Larry Kramer for making possible the visit at Stanford Law School during which I finished this book; Gerald Postema, editor of Cambridge Studies in Philosophy and Law, who advised me on the early stages of the project; Hilary Gaskin, Cambridge University Press’s philosophy editor, for moving the project along; and two anonymous readers for the Press whose comments helped in the final revisions. Tselane Holloway and Mary Ann Rundell turned the papers into a revisable manuscript.

I owe an enormous debt of gratitude to my students, who have always been my main source of inspiration. Among the Georgetown students, special thanks goes to Brian Shaughnessy, my friend and workout partner.

Above all, I must thank my family - my children, Daniel and Rachel, now old enough to spot the flaws in my arguments, and my wife Judy Lichtenberg, who has tolerated my endless kvetching about writing deadlines with nearly superhuman love and patience. As a philosopher in her own right, Judy read and commented on nearly every chapter in this book, and shared ideas on a daily basis for enough years that I barely know whose are whose. Their love makes everything else possible.

Several of the papers collected here were given as named lectures, and I wish to thank the host institutions and sponsors. I will also give information and acknowledgments for the initial publication of these chapters.

Chapter 1, “The Adversary System Excuse,” was the Catriona Gibbs Memorial Lecture at Queen’s University Law School in Kingston, Ontario. It appeared in my anthology The Good Lawyer: Lawyers' Roles and Lawyers' Ethics, Rowman & Allanheld [now Rowman & Littlefield], 1984. The current version incorporates an excerpt from “Rediscovering Fuller’s Legal Ethics,” Georgetown Journal of Legal Ethics, vol. 11, no. 4, pp. 801-29 (1998), also in Willem J. Witteveen and Wibren van der Burg, eds., Redis­covering Fuller: Essays on Implicit Law and Institutional Design (Amsterdam University Press, 1999), pp. 193-225.

Chapter 2, “Lawyers as Defenders of Human Dignity (When They Aren’t Busy Attacking It),” was the Van Arsdell Lecture on Litigation Ethics at the University of Illinois School of Law. It appeared in University of Illinois Law Review, vol. 2005, no. 3, pp. 815-46 (2005).

Chapter 3, “Natural Law as Professional Ethics: A Reading of Fuller,” Social Philosophy and Policy, vol. 18, no. 1, pp. 176-205 (2001), reprinted in Ellen Frankel Paul, Fred D. Miller, Jr., and Jeffrey Paul, eds., Natural Law and Modern Moral Philosophy (Cambridge University Press, 2001), pp.

Chapters 4 and 5 were written for this volume, but include brief excerpts from “Liberalism, Torture, and the Ticking Bomb,” in Karen Greenberg, ed., The Torture Debate in America (Cambridge University Press, 2005).

Chapter 6, “Contrived Ignorance,” was my inaugural lecture as Frederick J. Haas Professor of Law and Philosophy at Georgetown University Law Center. I also delivered it as the Blankenbaker Lecture at the University of Montana School of Law. It appeared in the Georgetown Law Journal, vol. 87, no. 4, pp. 957-80 (1999).

Chapter 7, “The Ethics of Wrongful Obedience,” originated as the Keck Foundation Award Lecture to the Fellows of the American Bar Foundation; it was also delivered as the Condon-Faulkner Lecture at the University of Washington School of Law and in the Kennedy School lecture series at Harvard University. It appeared in Deborah L. Rhode, ed., Ethics in Practice (Oxford University Press, 2000), pp. 94-120.

Chapter 8, “Integrity: Its Causes and Cures,” Fordham Law Review, vol. 72, no. 2, pp. 279-310 (2003). Written for a symposium on integrity in the law in honor of John D. Feerick.

Chapter 9, “A Midrash on Rabbi Shaffer and Rabbi Trollope,” Notre Dame Law Review, vol. 77, no. 3 (2002), pp. 889-923. This paper was written for a Propter Honoris Respectum for Thomas L. Shaffer.