Boston University School of Law

Nancy J. Moore

Education

Smith College
B.A. 1970, magna cum laude
Major: English Honors
Honors: Phi Beta Kappa

Columbia Law School
J.D. l973
Member of the Board of Editors, Columbia Law Review
Harlan Fiske Stone Scholar
Class of 1912 Prize

Employment

Boston University School of Law, Boston, MA
Professor of Law and Nancy Barton Scholar
(January 1, 1999 to present)
Subjects taught: Professional Responsibility, Lawyering in the 21st Century, Torts.

Rutgers School of Law - Camden, Camden, NJ
Professor of Law (July 1, 1989 to December 31, 1998)
Assistant Professor of Law (1976-1980)
Associate Professor of Law (1980-1989)
Associate Dean for Academic Affairs (1994-1997)
Subjects taught include Professional Responsibility, Law and Biomedical Ethics, Torts, Evidence, and Seminar in Professional Ethics.

University of Graz, Graz, Austria
Visiting Lecturer (Spring, 1987)

University of North Carolina at Chapel Hill, Chapel Hill, NC
Visiting Associate Professor of Law (Summer, 1988)

Commonwealth of Pennsylvania, Office of the Special Prosecutor, Philadelphia, PA
Assistant Attorney General (1974-1976)

Debevoise, Plimpton, Lyons & Gates (now Debevoise & Plimpton), New York, NY
Associate (1973-1974)

Fellowships and Grants

1988-1990: Director, N.J. Department of Higher Education Humanities Grant, "Introducing Ethics into the Core Curriculum of Undergraduate Legal Education";

1987-1990: Participant, N.J. Department of Higher Education Technological Grant, “AIDS:A Course in Science, Technology and Society" (one of three participants planning and team-teaching a required interdisciplinary undergraduate course);

1985-1986: Co-Director, N.J. Department of Higher Education Humanities Grant, "Humanistic Concerns in Legal and Medical Education" (introduction of law and medical ethics courses in law and medical schools; development of humanistic perspectives);

1983-1984: Fellow, Center for the Study of Values, University of Delaware.

Presentation Of Scholarly Papers

May 2009: "Mens Rea Standards in Lawyer Disciplinary Codes." 36th ABA National Conference on Professional Responsibility. Chicago, IL.

Apr. 2009: "The Appearance of Impropriety: Is It an Appropriate Standard for Discipline of Judges in the Twenty-First Century?" The Judiciary in the Twenty-First Century. Loyola University Chicago Law Journal Conference. Chicago, IL.

Feb. 2009: "Mens Rea Standards in Lawyer Disciplinary Codes." Joint Program of Association of Professional Responsibility Lawyers and National Organization of Bar Counsel. ABA Midyear Meeting. Boston, MA.

Apr. 2007: "The ALI Draft Proposal to Bypass the Aggregate Rule." Clifford Symposium on Challenges to the Attorney/Client Relationship." DePaul University College of Law. Chicago, IL.

Apr. 2002: “Who Should Regulate Class Action Lawyers?” Symposium on Ethics 2000 and Beyond: Reform or Professional Responsibility as Usual? Univ. of Illinois, Champaign, IL.

Feb. 2002: “Who Should Regulate Class Action Lawyers?” Faculty Workshop, Rutgers School of Law, Camden, NJ.

Feb. 2001: “Conflicts of Interest in Patent Representation.” Patenting Genomics and Proteomics. American Conference Institute. New York, NY.

Nov. 1999: “Ethics Matters, Too: A Response to Judith Resnik.” Mass Torts: A Symposium sponsored by the David Berger Program on Complex Litigation and the University of Pennsylvania Law School in conjunction with the Advisory Committee of Civil Rules of the Judicial Conference of the United States. Philadelphia, PA.

Mar. 1999: “The Case Against Changing the Aggregate Settlement Rule in Mass Tort Lawsuits.” Symposium on Emerging Professional Responsibility Issues in Litigation sponsored by South Texas Law Review. Houston, Texas.

Sept. 1997: “Conflicts of Interest For In-House Counsel: Emerging Issues in the Expanding Role of the Attorney-Employee.” Annual Ethics Symposium sponsored by the South Texas Law Review. Houston, Texas.

Feb. 1997: “Restating the Law of Lawyer Conflicts.” Symposium on the Restatement of the Law Governing Lawyers sponsored by the Georgetown Journal of Legal Ethics. Georgetown University Law Center. Washington, D.C.

Feb. 1997: “Ethical Issues in Third Party Payment: Beyond the Insurance Defense Paradigm.” Conflicts of Interest Symposium sponsored by University of Texas Review of Litigation and Texas Center for Ethics and Professionalism. Austin, Texas.

Jan. 1997: “The Ethical Dilemmas of Insurance Defense Lawyers: Are Special Solutions Required?” Joint Session of AALS Sections on Insurance Law and Professional Responsibility. AALS Annual Meeting. Washington, D.C.

May 1996: “Implications of Circle Chevrolet for Attorney Malpractice and Attorney Ethics.” Conference on the Entire Controversy Doctrine. Rutgers Law School. Camden, N.J.

Sept. 1992: "Elaborating Standards of Professional Conduct." Strategic Planning Session of the Law Society of Upper Ontario. Toronto, Ontario, Canada.

Feb., 1990: "Professionalism: Rekindled, Reconsidered or Reformulated?" Symposium on Legal Ethics. Capital University Law Center. Columbus, Ohio.

Sept. 1989: "The Usefulness of Ethical Codes." University of Texas Law School Faculty Seminar. Austin, Texas.

April, 1989: "The Usefulness of Ethical Codes." Symposium on "Legal Ethics: The Social Responsibility of the Lawyer." NYU Annual Survey of American Law. NYU School of Law. New York, New York.

Oct. 1987: "The History and Present Status of the Right of a Competent Patient to Refuse Life-Sustaining Medical Treatment." Annual General Meeting of the American Society of Law and Medicine. Boston, Mass.

April, 1984: "Limits to Attorney-Client Confidentiality: A `Philosophically Informed' and Comparative Approach to Medical and Legal Ethics." Faculty Seminar. Center for the Study of Values. University of Delaware. Newark, Delaware.

Professional Recognition and Activities

Chair, Multistate Professional Responsibility Examination Drafting Committee (member since 1991, chair since 1995);

Member, ABA Center for Professional Responsibility Policy Implementation Committee (since 2002);

Member, Editorial Board, ABA/BNA Lawyers’ Manual on Professional Conduct (since 2006)

Member, Warren G. Burger Prize Committee, American Inns of Court (since 2004);

Advisor to ALI-ABA Board of Directors Program Committee for Professional Responsibility (2006-2008);

Member, ALI Principles of Aggregate Litigation Members Consultative Group (2005-2009);

Member, Supreme Court of Rhode Island Committee to Review Rules of Professional Conduct (2002-2006);

Chief Reporter, ABA Commission on Evaluation of the Rules of Professional Conduct (“Ethics 2000") (Co-Reporter, 1997-1998; Chief Reporter, 1998-Aug. 2002);

Member, Advisers for the Restatement of the Law, Third, The Law Governing Lawyers (1989-2000); member, American Law Institute (elected 1992);

Chair, AALS Section on Professional Responsibility (1997-1998)(1987-1988);

Chair, Planning Committee for Fall 1998 AALS Workshop on Professional Responsibility;

Member, New Jersey Supreme Court Committee on Women in the Courts (1994-1998);

Reporter, ALI-ABA Practice Evaluation Project (1988-91)(drafted How to Achieve Excellence in the Practice of Law);

Member, ALI-ABA group reviewing standards for continuing legal education programs (1988-90);

Member, Planning Committee for Spring 1988 AALS- sponsored Workshop on Teaching of Professional Responsibility (1987-88);

Trustee, N.J. Citizen's Committee on Biomedical Ethics (1988-1991);

Member, Institutional Review Board/Committee for the Protection of Human Subjects, UMDNJ-School of Osteopathic Medicine (1987-89)

Selected Recent Lectures and Panel Discussions

July 2010:“Ethics in U.S. Class Actions.” Panelist. Stanford International Legal Ethics Conference. Palo Alto, CA.

April 2010: “The Future of Legal Ethics.” Panelist. APRL’s 20th Anniversary Celebration Conference. New Orleans, LA.

Aug. 2009: “The Ethics of Expert Witnesses: The Simon-Green Debate.” Association of Professional Responsibility Lawyers. Chicago.

Apr. 2009: “Ethical Rules Applicable to Lawyers Representing Museums and Other Non-Profit Entities.” Panel participant. Legal Issues in Museum Administration. Boston, MA.

Feb. 2009: “Strict Liability vs. Scienter---Filling the Mental-State Gaps in the Model Rules. Presenter and panel participant. Joint Program of Association of Professional Responsibility Lawyers/National Organization of Bar Counsel. Boston, MA.

Oct. 2008: “Developments in Ethics in Transactional Practice.” ALI-ABA Program on Investment Management Basics.” Boston, MA.

Apr. 2008:  “Litigators and the Public.” Panel participant. ABA Section on Litigation’s Celebrating the Canons Centennial. Washington, D.C.

Feb. 2008: “Making the Call on Material Limitation Conflicts.”  Panel participant. Midyear Meeting of Association of Professional Responsibility Lawyers.  Pasadena, CA.

June 2007: “Joint Representation and Aggregate Settlements.” Panel participant. Annual Meeting of Association of Professional Responsibility Lawyers. San Francisco, CA.

June 2006: “Ethics in Transnational Legal Practice.” Panel participant. 32nd National Conference on Professional Responsibility. Vancouver, Canada.

Oct. 2005: “Impact Litigation: Ethical Issues in Representing Workers in Class, Collective & Multiple Plaintiff Action.” Panel participant. Conference of National Employment Lawyers Association. Boston, MA.

June 2005: “Contract Lawyering Risks.” Panel participant. ABA Counsel Connect teleconference.

April 2005: “Contract Lawyering.” Panel participant. Spring 2005 ABA National Legal Malpractice Conference.” Boston, MA.

Sept. 2004: “Ethics and Media Relations.” Speaker, Association of Defense Trial Attorneys, New England Regional Conference. Framingham, MA.

Aug. 2004:“Attorney-Client Privilege and Work Product in the Post-Enron Era: Confidentiality Under Siege.” Panel Participant, ABA Annual Meeting. Atlanta, GA.

Jun. 2004: “What is Fraud and Why Does it Matter?” Moderator, Panel Discussion. 30th National Conference on Professional Responsibility. Naples, FL.

Apr. 2004: “Lawyers Caught in the Enron Spotlight.” Panel Participant. ABA Section of Business Law. Seattle, WA

Jan. 2004: “Ethics and Class Action Reform.” Panel Participant. AALS Annual Meeting, Section on Professional Responsibility. Atlanta, GA.

Jan. 2003: “Hot Topics in Legal Ethics.” Mid-year meeting of Conference of Chief Justice. Williamsburg, VA.

Jun. 2002: “General Counsel and the Model Rules of Professional Conduct: When Ethical Issues Are Up-Close and Personal.” Panelist. Nat’l Assoc. Of College and University Attorneys 42nd Annual Conference. Boston, MA.

May, 2002: “Ethics 2000: What Have They Done and Where Do We Go From Here?” Moderator, Panel Discussion. 28th Nat’l Conference on Professional Responsibility. Vancouver, British Columbia, Canada.

Apr. 2002: “The Assault on the Citadel of Privilege.” Primary speaker. St. Thomas             More Society of Rhode Island Fourth Annual Spring Seminar. Providence, RI.

Oct. 2001: “New Influences on Professional Responsibility.”  Principal speaker. 11th Annual Dan K. Moore Program in Ethics. Chapel Hill, NC.

June 2001: “Lawyers’ Duties to Non-clients.” Rhode Island Bar Association Annual Meeting. Providence, RI.

May 2001: “Changing the ABA Model Rules on Ethics: An Update.” Moderator, ABA Teleconference program.

May 2001: “An Ethics 2000 Town Hall.” Moderator, Panel Discussion. Annual meeting of Professional Responsibility Lawyers. Miami, FL.

May 2001: “Multijurisdictional Practice.” Conference on “Stewardship of Bar Admissions: Maintaining Integrity in a Changing World sponsored by the National Conference of Bar Examiners. Madison, WI.

April 2001: “The Impact of Ethics 2000 and Restatement on Finance Practice.” Co-presenter, Spring meeting of American College of Investment Counsel. Chicago, IL.

Feb. 2001: “Conflicts of Interest in Patent Representation.” Conference on Patenting Genomics sponsored by the American Conference Institute.

July 2000: “Ethics 2000." Presentation and Panel Discussion. Annual Meeting of Conference of Chief Justices of State Supreme Courts. Rapid City, So. Dakota.

June 2000: “Ethics 2000.” Moderator, Panel Discussion. ABA National Conference of Professional Responsibility Lawyers. New Orleans, LA.

Aug. 1999: “Lawyers Investing In and Doing Business With Their Clients.” Panel discussion. ABA Section of Litigation. ABA Annual Meeting. Atlanta, Georgia.

March 1997: “Ethics Issues in Third Party Payment.” Faculty Colloquium. Roger Williams University School of Law. Briston, RI.

Sept. 1996: “Is the Restatement Necessary?” Annual Meeting of Colorado Bar Association. Vail, CO.

April 1995: “Implications for Legal Malpractice of the ALI’s Restatement of the Law Governing Lawyers.” ABA Section on Professional Liability. Phoenix, Arizona.

Aug. 1993: "Professionalism and Law Firm Culture." American Bar Association Annual Meeting. New York, NY.

Sept. 1992: "Quality Assurance and the Practice Evaluation Project." State Bar of New Mexico Annual Convention. Ruidoso, New Mexico.

April 1992: "The ALI-ABA Practice Evaluation Project." Annual Conference of ABA Standing Committee on Lawyers' Liability. New Orleans.

November 1991: "Professional Liability of Lawyers to Clients and Non-Clients under United States Common Law." Conference of Young Dutch Lawyers' Organization. Noordwijk, The Netherlands.

Apr. 1991: "Legal and Ethical Aspects of Informed Consent." Rutgers-Camden anthropology class in Death and Dying. Camden, N.J. (Lecture also given in same class and in a graduate anthropology seminars in 1987-89 and in 1990.)

Feb. 1990: "Topics in Medical Malpractice." Course for fourth year medical students at UMDNJ-Rutgers-Camden. Camden, N.J. (Similar lectures also given in the winter terms of 1986-89).

Jan. 1990: "The Law of Informed Consent." Course in law and medicine. Pennsylvania College of Podiatric Medicine. (Similar lecture given in 1989.)

October 1989: "A Video Guide to Professional Conduct: Conflicts of Interest" (participant in panel discussion made available to subscribers of the ALI-ABA Video Law Review).

Dec. 1988: "Termination of Life-Sustaining Medical Treatment." Special law and medicine course for third-year medical students at UMDNJ-School of Osteopathic Medicine. Stratford, N.J.

Mar. 1988: "Teaching Demonstration.: AALS Teaching Workshop on Professional Responsibility. Arlington, Va. (Member of Planning Committee and Faculty).

Jan. 1988: "Professionalism: Rekindle or Reconsider?". Annual meeting of AALS Section on Professional Responsibility. Miami Beach, Fla. (Prepared and moderated panel discussion).

Publications

"Ethical Issues in Mass Tort Plaintiffs' Representation: Beyond the Aggregate Settlement Rule," 81 Fordham Law Review 3233 (2013). 
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"Who will Regulate Class Action Lawyers?" 44 Loyola University of Chicago Law Journal 577 (2013). 
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"Implications of Globalization for the Professional Status of Lawyers in the United States and Elsewhere," 40 Fordham Urban Law Journal 217 (2012). 
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"Regulating Conflicts of Interest in Global Law Firms: Peace in Our Time?" with Janine Elizabeth Griffiths-Baker, 80 Fordham Law Review 2541 (2012). 
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"The Complexities of Lawyer Ethics Code Drafting: The Contributions of Professor Fred Zacharias," 48 San Diego Law Review 335 (2011). 
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"The Absence of Legal Ethics in the ALI's Principles of Aggregate Litigation: A Missed Opportunity - And More," 79 George Washington Law Review 717 (2010). 
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"Is the Appearance of Impropriety an Appropriate Standard for Disciplining Judges in the Twenty-First Century?" 41 Loyola University of Chicago Law Journal 285 (2010). 
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"Mens Rea Standards in Lawyer Disciplinary Codes," 23 Georgetown Journal of Legal Ethics 1 (2010). 
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"Choice of Law for Professional Responsibility Issues in Aggregate Litigation," in Symposium, Complexity and Aggregation in Choice of Law, 14 Roger Williams University Law Review 73 (2009). 
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"Litigators and the Public: The Evolving Role of Ethics Codes," in A Century of Legal Ethics: Trial Lawyers and the ABA Canons of Professional Ethics 223, L. J. Fox, S. R. Martyn & A. S. Pollis, eds., ABA Section of Litigation (2009). 

"The American Law Institute's Draft Proposal to Bypass the Aggregate Settlement Rule: Do Mass Tort Clients Need (or Want) Group Decision Making?" in Symposium, Challenges to the Attorney-Client Relationship: Threats to Sound Advice, 57 DePaul Law Review 395 (2008). 
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"Mr. Prinzo's Breakthrough and the Limits of Confidentiality," 51 St. Louis Law Journal 1059 (2007). 
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"Informed Consent in the Practice of Law," in 4 Encyclopedia of Philosophy 680, 2d ed., MacMillan Reference USA (2006). 

"Regulating Law Firm Conflicts in the 21st Century: Implications of the Globalization of Legal Services and the Growth of the 'Mega Firm’," review of Janine Griffiths-Baker, Serving Two Masters: Conflicts of Interest in the Modern Law Firm, Hart Publishing (2002), 18 Georgetown Journal of Legal Ethics 521 (2005). 
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"Not Quite a Client: New Ethics Rule Provides Guidance on a Lawyer's Duty to Prospective Clients," 90 American Bar Association Journal 50 (Jan. 2004). 

"Regulating Self-Referrals and Other Physician Conflicts of Interest," 15 HEC Forum 133 (2003). 
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"Who Should Regulate Class Action Lawyers?" in Symposium, Ethics 2000 and Beyond: Reform or Professional Responsibility as Usual?, 2003 University of Illinois Law Review 1477 (2003). 
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"'In the Interests of Justice': Balancing Client Loyalty and the Public Good in the Twenty-First Century," 70 Fordham Law Review 1775 (2002). 
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"Lawyer Ethics Code Drafting in the Twenty-First Century," 30 Hofstra Law Review 923 (2002). 
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"Revisions, Not Revolution: Targeting Lawyer/Client Relations, Electronic Communications, Conflicts of Interests," 88 American Bar Association Journal 48 (Dec. 2002). 

"Lawyering for the Middle Class," in Symposium, Lawyering for the Middle Class, 70 Fordham Law Review 623 (2001). [Forward] 
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"What Doctors Can Learn from Lawyers About Conflicts of Interest," 81 Boston University Law Review 445 (2001). 
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"Ethics Matters, Too: The Significance of Professional Regulation of Attorney Fees and Costs in Mass Tort Litigation - A Response to Judith Resnik," in Symposium, Mass Torts, 148 University of Pennsylvania Law Review 2209 (2000). [Judith Resnick, "Money Matters: Judicial Market Interventions Creating Subsidies and Awarding Fees and Costs in Individual and Aggregate Litigation," 148 University of Pennsylvania Law Review 2119 (2000).] 
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"The Case Against Changing the Aggregate Settlement Rule in Mass Tort Lawsuits," 41 South Texas Law Review 149 (1999). 
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"The Ethical Role and Responsibilities of a Lawyer-Ethicist: The Case of the Independent Counsel's Independent Counsel," 68 Fordham Law Review 771 (1999). 
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"Conflicts of Interest For In-House Counsel: Emerging Issues in the Expanding Role of the Attorney-Employee," 39 South Texas Law Review 497 (1998). 
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"The Ethical Duties of Insurance Defense Lawyers: Are Special Solutions Required?" in Symposium, Liability Insurance Conflicts and Professional Responsibility, 4 Connecticut Insurance Law Journal 259 (1997-98). 
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"Ethical Issues in Third Party Payment: Beyond the Insurance Defense Paradigm," in Symposium, Conflicts of Interest: Ethics, Law, and Remedies, 16 Review of Litigation 585 (1997). 
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"Restating the Law of Lawyer Conflicts," 10 Georgetown Journal of Legal Ethics 541 (1997). 
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"Conflicts of Interests in the Representation of Children," in Symposium, Conference on Ethical Issues in the Legal Representation of Children, 64 Fordham Law Review 1819 (1995-96). 
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"Implications of Circle Chevrolet for Attorney Malpractice and Attorney Ethics," 28 Rutgers Law Journal 57 (1996). 
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"Entrepreneurial Doctors and Lawyers: Regulating Business Activities in the Medical and Legal Professions," in Conflicts of Interest in Medical Practice 171, R. Spence & R. Shimm, eds., Oxford University Press (1995). 

"Expanding Duties of Attorneys to 'Non-Clients': Reconceptualizing the Attorney-Client Relationship in Entity Representation and Other Inherently Ambiguous Situations," 45 South Carolina Law Review 659 (1994). 
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"Intra-Professional Warfare Between Prosecutors and Defense Attorneys: A Plea for an End to the Current Hostilities," 53 University of Pittsburgh Law Review 515 (1992). 
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"Professionalism: Rekindled, Reconsidered or Reformulated?" 19 Capital University Law Review 1121 (1990). 
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"Author's Response," in Symposium, The Proceedings and Papers of the Conference on Legal Ethics: The Social Responsibility of the Lawyer, 1989 Annual Survey of American Law 37 (1989). [Response to Judge Edmund B. Spaeth, Jr., "Comments on Professor Moore's Paper," 1989 Annual Survey of American Law 23 (1989).] 
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"The Usefulness of Ethical Codes," in Symposium, The Proceedings and Papers of the Conference on Legal Ethics: The Social Responsibility of the Lawyer, 1989 Annual Survey of American Law 7 (1989). 
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"'Two Steps Forward, One Step Back': An Analysis of New Jersey's Latest 'Right-To-Die' Decisions," 19 Rutgers Law Journal 955 (1988). 
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"Professionalism Reconsidered," 1987 ABF Research Journal 773 (1987). 
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"Commentary," 4 Business & Professional Ethics Journal 83 (1985). 

"Limits to Attorney-Client Confidentiality: A Philosophically Informed and Comparative Approach to Medical and Legal Ethics," 36 Case Western Reserve Law Review 177 (1985-86). 
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"Conflicts of Interest in the Simultaneous Representation of Multiple Clients: A Proposed Solution to the Current Confusion and Controversy," 61 Texas Law Review 211 (1982). 
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"Disqualification of an Attorney Representing Multiple Witnesses Before a Grand Jury: Legal Ethics and the Stonewall Defense," 27 UCLA Law Review 1 (1979). 
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