Susan P. Koniak

Professor of Law

BA magna cum laude, New York University
JD, Yale Law School

Areas of Interest
Civil Procedure, Constitutional Law, Legal Ethics
Contact
Biography

Professor Susan Koniak says the key to being a good legal teacher is to never lose sight of one’s key responsibility: to produce good lawyers. “When I’m standing in front of the students, it’s not about me, it’s about them. It’s my responsibility to ensure that they have a solid understanding of the material, and more important, the analytical skills and practical judgment that form the foundation of good lawyering,” she says.

A distinguished scholar as well as educator, Professor Koniak joined the School’s faculty in 1993, after teaching at the University of Pittsburgh School of Law for five years. In addition to her responsibilities at Boston University, Professor Koniak has, in recent years, been a visiting professor at Harvard Law School, Cornell Law School and the Yale School of Organization and Management. She has published many articles and has co-authored three significant textbooks: The Law and Ethics of Lawyering, now in its 4th edition, Leading Constitutional Decisions, Cases in Constitutional Law and an anthology of essays, Foundations of the Law and Ethics of Lawyering. Professor Koniak testified before the Senate Judiciary Committee on the conduct of lawyers involved in the Enron debacle and other similar corporate scandals, and before the House Judiciary Committee on abusive conduct of class action lawyers. She is frequently quoted in the media on the conduct of lawyers, class action practice and the responsibility of secondary actors, such as lawyers and accountants, in securities and other financial fraud.

Publications
  1. Roger C. Cramton, Susan Koniak, Geoffrey C. Hazard & George M. Cohen, The Law and Ethics of Lawyering, 4th ed., Foundation Press (2005).
  2. Foundations of the Law and Ethics of Lawyering, Susan Koniak & George M. Cohen, eds., Foundation Press (2004).
  3. Susan Koniak, "How Like a Winter? The Plight of Absent Class Members Denied Adequate Representation," 79 Notre Dame Law Review 1787 (2004).
  4. Susan Koniak, "Interviewing Ex-employees: One Answer, New Questions," 48 Boston Bar Journal 6 (2004).
  5. Susan Koniak, "The Lawlessness in Our Courts," ATLA Annual Convention Reference Materials __ (2004).
  6. Susan Koniak, George M. Cohen & Roger C. Cramton, "Legal and Ethical Duties of Lawyers After Sarbanes-Oxley," 49 Villanova Law Review 725 (2004).
  7. Susan Koniak, "Corporate Fraud: See Lawyers," 26 Harvard Journal of Law and Public Policy 195 (2003).
  8. Susan Koniak & David Dana, "Secret Settlements and Practice Restrictions Aid Lawyer Cartels and Cause Other Harms," in Symposium on Ethics 2000 and Beyond: Reform or Professional Responsibility as Usual? 2003 University of Illinois Law Review 1217 (2003).
  9. Susan Koniak, "When the Hurlyburly's Done: The Bar's Struggle with the SEC," 103 Columbia Law Review 1236 (2003). Reprinted in Enron: Corporate Fiasos and Their Implications 807, N. B. Rapoport & B. G. Dharan, eds., Foundation Press (2004).
  10. Susan Koniak, "Are Agreements to Keep Secret Information in Discovery Legal, Illegal or Something in Between?" 30 Hofstra Law Review 78 (2002).
  11. Susan Koniak & George M. Cohen, "In Hell There Will be Lawyers Without Clients or Law," 30 Hofstra Law Review 129 (2001).
  12. Susan Koniak & George M. Cohen, "In Hell There Will be Lawyers Without Clients or Law," in Ethics in the Practice of Law 177, D. Rhode, ed., Oxford University Press (2000).
  13. Susan Koniak & David Dana, "Bargaining in the Shadow of Democracy," 148 University of Pennsylvania Law Review 473 (1999).
  14. Susan Koniak, Geoffrey C. Hazard & Roger C. Cramton, The Law and Ethics of Lawyering, 3rd ed., Foundation Press (1999).
  15. Susan Koniak, "The Other Way Round," 5 Roger Williams University Law Review 145 (1999).
  16. Susan Koniak, "The Lawlessness in Our Courts," 28 Stetson Law Review 281 (1998).
  17. Susan Koniak, "The Chosen People in our Wilderness," review of Morris Dees, Gathering Storm: America's Militia Threat, HarperCollins Publishers (1996) and Catherine McNicol Stock, Rural Radicals: Righteous Rage in the American Grain, Cornell University Press (1996), 95 Michigan Law Review 1761 (1997).
  18. Susan Koniak, "Class Action Against Class Counsel," 1 Journal of the Institute for the Study of Legal Ethics 249 (1996).
  19. Susan Koniak, "Law and Ethics in a World of Rights and No Wrongs," 9 Canadian Journal of Law and Jurisprudence 11 (1996).
  20. Susan Koniak, "Principled Opinions," 65 Fordham Law Review 337 (1996).
  21. Susan Koniak & Roger C. Cramton, "Rules, Story and Commitment in the Teaching of Legal Ethics," 38 William and Mary Law Review 145 (1996).
  22. Susan Koniak & George M. Cohen, "Under Cloak of Settlement," 82 Virginia Law Review 1051 (1996).
  23. Susan Koniak, "When Law Risks Madness," 8 Cardozo Studies in Law and Literature 65 (1996).
  24. Susan Koniak, "Feasting While the Widow Weeps: Georgine v. Amchen Products," 80 Cornell Law Review 1045 (1995).
  25. Susan Koniak & Geoffrey C. Hazard, "Paying Attention to the Signs," 58 Law & Contemporary Problems 117 (Summer/Autumn 1995).
  26. Susan Koniak, "Through the Looking Glass of Ethics and the Wrong with Rights We Find There," 9 Georgetown Journal of Legal Ethics 1 (1995).
  27. Susan Koniak & Robert F. Cushman, Cases in Civil Liberties, 6th ed., Prentice Hall (1994).
  28. Susan Koniak & Robert F. Cushman, Cases in Constitutional Law, 8th ed., Prentice Hall (1994).
  29. Susan Koniak, Geoffrey C. Hazard & Roger C. Cramton, The Law and Ethics of Lawyering, 2d ed., Foundation Press (1994).
  30. Susan Koniak, "When Courts Refuse to Frame the Law and Others Frame It to Their Will," 66 Southern California Law Review 1075 (1993).
  31. Susan Koniak, "The Law Between the Bar and the State," 70 North Carolina Law Review 1390 (1992).
  32. Susan Koniak & Robert F. Cushman, Leading Constitutional Decisions, 18th ed., Prentice-Hall (1992).
  33. Susan Koniak, "Whose Law Is It Anyway?" review of Jay A. Sigler & Joseph E. Murphy, Corporate Lawbreaking and Interactive Compliance: Resolving the Regulation-Deregulation Dichotomy, Quorum Books (1991), 9 Yale Journal on Regulation 575 (1992).
  34. Susan Koniak & Geoffrey C. Hazard, The Law and Ethics of Lawyering, Foundation Press (1990).
  35. Susan Koniak & Robert F. Cushman, Cases in Civil Liberties, 5th ed., Prentice-Hall (1989).
  36. Susan Koniak & Robert F. Cushman, Cases in Constitutional Law, 7th ed., Prentice-Hall (1989).
  37. Susan Koniak & Robert D. Raven, "The Challenge for Lawyers in the '90s," 7 California Lawyer 19 (1987).
  38. Susan Koniak & Robert F. Cushman, Leading Constitutional Decisions, 17th ed., Prentice-Hall (1986).
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