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The Legal Ethics of Lying About American Democracy
Full text linkNumerous lawyers contributed to the disinformation campaign that led to the storming of the U.S. Capitol on January 6, 2021. Some of the lawyers filed lawsuits that questioned the legitimacy of the presidential election, and others spread falsehoods while acting as legislators or in similar high profile roles. This chapter explores the potential disciplinary consequences of their behavior and the larger implications of their conduct for American democracy. One theme of this chapter is that, when lawyers make claims about elections, the consequences of misinformation are severe and threaten to undermine trust in our democratic institutions. Given the stakes, the legal profession should apply well-established procedures and rules to discipline lawyers who cross ethical lines in the context of election-related litigation. In contrast, discipline is far more complex, both legally and politically, for lawyers who serve in public roles and do not represent clients, such as lawyer-legislators who lied about the election. Rather than seeking to discipline these lawyers with traditional sanctions, the profession should speak with one voice and across the political spectrum to condemn them for lying about core features of our democracy. The risks here are enormous. Lawyers play a critical role in supporting and lending legitimacy to bedrock political institutions, such as the judiciary and the electoral system. When lawyers lie or offer misleading information about those institutions, they create an existential threat to democracy itself. The disciplinary system can help to encourage appropriate behavior at the margins, but even with these professional guardrails, it is an open question whether lawyers will exercise the kind of professional integrity that democratic institutions need
Suffolk Journal, vol.86, no. 3, 10/12/2022
Full text linkhttps://dc.suffolk.edu/journal/2358/thumbnail.jp
Suffolk Journal, vol.86, no. 7, 11/10/2022
Full text linkhttps://dc.suffolk.edu/journal/2361/thumbnail.jp
Oral History Interview with Dr. Paul Korn (SOH-072 video recording and transcript)
Full text linkDr. Paul Korn, a retired psychologist and professor emeritus of psychology discusses his 40-year career at Suffolk University. He describes the evolution of the Suffolk’s Counseling Center throughout his career, including the nature and composition of the staff, the role of the Center at Suffolk, and the Center’s community-based approach to providing mental health services for students and other members of the Suffolk community. He discusses his involvement in fostering a number of community-based programs intended to ensure acceptance, learning, and growth among students and faculty including creating a campus chapter of Students Organized Against Racism (SOAR), a Gay and Lesbian support group, a peer counseling program, and a Helping Skills Course. More broadly, Dr. Korn discusses the ways in which Suffolk’s culture surrounding mental health and anti-racism have shifted and how the counseling needs of students increased over the years. Additionally, he speaks about how his practice as a counselor was affected by the relationships he built with students and faculty inside and outside of Suffolk University’s Counseling Center. The interview concludes with a discussion of Dr. Korn’s impact on the university and how Suffolk University impacted his life.https://dc.suffolk.edu/soh/1062/thumbnail.jp
Supreme Court Arrests Regulatory Law on Climate and Sustainable Power
Full text linkThe Supreme Court is empowered to restrict the exercise of legal action by the other two co-equal branches of government. Since new U.S. federal statutes in 1970 became the controlling dominant legal mechanism for shaping environmental policy for the last half century, environmental common law was relegated to serving as a minor legal after-thought. Interpreting constitutional separation of powers, the Supreme Court recently judicially re-inverted common law as the primary legal mechanism to remedy climate change. This article analyzes how such a legal change alters the relative power of the executive and judicial branches on perhaps the most important legal environmental issue of the century – climate change./= / \u3e/= / \u3eThis article analyses this significant Supreme Court shift: The Court recently issued four successive decisions that arrested the executive branch in its tracks regarding climate-related law: Initially holding that federal common law was displaced and could not address climate, then restricting executive branch regulatory “tailoring” of climate-related statutes, then blocking executive branch action due to EPA failure to consider costs of climate regulation, and finally enjoining executive branch regulatory authority regarding major climate law. With executive branch action enjoined, a second wave of newly empowered common law litigation now is filling the gap pitting major cities and states against fossil fuel companies as well as aggrieved citizens against government./= / \u3e/= / \u3eThis article analyzes the successive wave of Supreme Court decisions altering executive branch climate power. This article analyzes the second wave of now-cresting common law litigation. These judicial waves alter the separation of powers under U.S. law
Give ‘Em the Ol’ Razzle Dazzle: The Ethics of Trial Advocacy and the Case of Kyle Rittenhouse
Full text linkMental Health Stigma and Psychological Help-Seeking in Adolescence
Full text linkAlthough an overwhelming number of adolescents in the U.S. experience significant psychological distress, the majority of these youth do not receive formal mental health services. Mental health stigma has been identified as a significant barrier to psychological help-seeking during adolescence, with treatment stigma (or the stigma associated with seeking formal psychological services) as the strongest predictor of help-seeking when compared to other types of mental health stigma. Given the long-term impacts of untreated psychological distress in adolescence, more research is needed to understand the influence of mental health stigma on help-seeking during this developmental stage. Furthermore, more research is needed to provide a fuller picture of how these constructs vary by race, gender, and age. The current study aims to: (1) investigate how personal treatment stigma, perceived parental treatment stigma, and perceived peer treatment stigma influence adolescent psychological help-seeking from both informal and formal sources of support; and (2) examine how personal treatment stigma, perceived parental treatment stigma, perceived peer treatment stigma, and help-seeking behavior vary based on race, gender, and age. Findings revealed that perceptions of treatment stigma, especially from parents, impact both personal treatment stigma and psychological help-seeking, and that personal treatment stigma mediates the relationship between perceived and personal treatment stigma. Results also revealed significant variations in psychological help-seeking behaviors and personal and perceived treatment stigma by race, gender, and age, adding nuance to our understanding of mental health stigma during this developmental period. More generally, results point to the ongoing importance of addressing not only personal treatment stigma, but also parental treatment stigma, in order to increase youth’s psychological help-seeking and allow for improved adolescent mental health