Scholarship (Affiliate)
Unnecessary: Law Firm Executive Orders and the Necessity Defense
San Diego Legal Studies Paper No. 25-108
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Abstract
Many law firms have submitted to demands President Trump has made in connection with executive orders or have submitted preemptively to avoid becoming the subject of such orders. Some have argued that economic necessity compelled submission, implying that criticism of the character of submitting firms is unwarranted. This paper shows that submission was not economically necessary and that criticism therefore is warranted. Because submission was not compelled by necessity, further submission is not inevitable, nor is it too late for firms that have submitted to rehabilitate their reputations.
Read the full piece at SSRN.