WILLIAM H. SIMON

Curriculum Vita

     Arthur Levitt Professor of Law, Columbia University. Since July 2003
     Everett B. Birch Professor in Professional Responsibility.  Since July 2008.
     Courses taught: Professional Responsibility, Corporations, Law & Social Policy
     Member of Faculty Senate

     William and Gertrude Saunders Professor of Law Emeritus, Stanford University.  Since July 2003.  Assistant Professor 1981-84; Associate Professor 1984-86, Professor 1986-94, Montgomery Professor 1994-01, Saunders Professor 1999-2003

       Visiting Professor of Law, Harvard University, Fall Term 2006; Winter Term 1997-2001, 2003; Academic Year 1986-87.

       Visiting Professor, University of California, Berkeley, 1996-97

       Visiting Staff Member, National Economic Development and Law Center, Fall 1989

       Staff Attorney, Legal Services Center, 1978-81

       Associate, Foley, Hoag & Eliot, 1974-77

       Fellowships: Guggenheim, 1994, Olin, 1991

       Boards: Palo Alto Area Bar Association (1992-96); East Palo Alto Community Law Project (1995-98), Bridge Bank of Silicon Valley (2001-03)

       Consultant to various nonprofit groups and others on legal ethics and delivery of legal services.

       Member of Massachusetts Bar since 1974.

       Consulting Editor, Legal Affairs magazine, 2004-06

       Education:

       J.D., cum laude, Harvard University, 1974
       A.B., magna cum laude, Princeton University, 1969

       Publications:

       Recent journalism: "The Confidentiality Fetish," The Atlantic (December 2004); "Managerial Confidentiality is Overrated," New York Law Journal (October 2, 2003); regular column ("The Prudent Jurist") in Legal Affairs (2004-06).

       Selected scholarly publications:

    (With Kathleen Noonan and Charles Sabel), "Legal Accountability in the Service-Based Welfare State: Lessons from Child Welfare Reform," Law and Social Inquiry (forthcoming 2009)

     "Transparency Is the Solution, Not the Problem: An Answer to Bruce Green," 60 Stanford Law Review 1673 (2008).

     "The Market for Bad Legal Advice: Academic Professional Responsibility Consulting as An Example," 60 Stanford Law Review 1555 (2008)

     "After Confidentiality: Rethinking the Professional Responsibilities for the Business Lawyer," 75 Fordham Law Review 1453 (2006)

     "The Ethics Teacher's Bittersweet Revenge: Virtue and Risk Management," 94 Georgetown Law Journal 1985 (2006).

     "Toyota Jurisprudence: Legal Theory and Rolling Rule Regimes," in Law and New Governance in the EU and the US (Grainne de Burca and Joanne Scott, ed.s 2006).

     "Wrongs of Ignorance and Ambiguity: Lawyer Responsibility for Collective Misconduct," 22 Yale Journal on Regulation 1 (2005).

     "Earnings Management as a Professional Responsibility Problem," 84 Texas Law Review 83 (2005).
    
     (With Charles Sabel), "Destabilization Rights: How Public Law Litigation Succeeds," 107 Harvard Law Review 117 (2004).

     "Solving Problems v. Claiming Rights: The Pragmatist Challenge to Legal Liberalism," 46 William & Mary Law Review 127 (2004).

     "Criminal Defenders and Community Justice: The Drug Court Example," 40 American Criminal Law Review 1595 (2003)

     "Who Needs the Bar?: Professionalism Without Monopoly," 30 Florida State University Law Review 639 (2003)
    
     "Whom (or What) Does the Organization's Lawyer Represent?: An Anatomy of Intraclient Conflict," 91 California Law Review 57 (2003)

     "Moral Pluck: Legal Ethics in Popular Culture," 101 Columbia Law Review 421 (2001)

     The Community Economic Justice Movement: Law, Business, and the New Social Policy (Duke University Press 2002)

     "Virtuous Lying: A Critique of Quasi-Categorical Moralism," 12 Georgetown Journal of Legal Ethics 433 (1999)

     "The Kaye Scholer Affair: The Lawyer's Duties of Confdentiality and the Bar's Temptations of Evasion and Apology," 23 Law and Social Inquiry 243 (1998)

     The Practice of Justice: A Theory of Legal Ethics (Harvard University Press 1998)

     "The Legal Structure of the Chinese 'Socialist Market' Enterprise," 21 Journal of Corporation Law 267 (1996)
            "The Dark Secret of Progressive Lawyering: A Comment on Poverty Law Scholarship in the Post-Modernist, Post-Reagan Era," 48 U. Miami Law Rev. 1099 (1994)
            "Inequality and Alienation in the Socialist Capital Market," 22 Politics and Society 479 (1994)
            "What Difference Does It Make Whether Corporate Managers Have Social Responsibilities?", 50 Washington & Lee Law Review 1697 (1993)
            "The Ethics of Criminal Defense," 91 Michigan Law Review 1703 (1993)
            "The Prospects for Pension Fund Socialism" 14 Berkeley Journal of Employment and Labor Law 251 (1993)
            "Social-Republican Property," 38 UCLA Law Review 1335 (1991)
            "The Trouble With Legal Ethics," 41 Journal of Legal Education 65 (1991)
            "The Rule of Law and The Two Realms of Welfare Administration," 56 Brooklyn Law Review 777 (1990).
            "Lawyer Advice and Client Autonomy: Mrs. Jones's Case," 50 Maryland Law Review 213 (1991)
            "Contract Versus Politics in Corporation Doctrine," in The Politics of Law (Kairys ed. 2d ed) (1990)
            "Ethical Discretion in Lawyering," 101 Harv. L.Rev. 1083 (1988)
            "Rights and Redistribution in the Welfare System," 38 Stan.            L. Rev. 1431 (1986)
            "Judicial Clerkships and Elite Professional Culture," 36 J. Leg. Ed. 129 (1986)
            "Legal Informality and Redistributive Politics," 19 Clearinghouse Review 384 (1985)
            "Babbitt v. Brandeis: The Decline of the Professional Ideal," 37 Stan. L. Rev. 565 (1985)
            "The Invention and Reinvention of Welfare Rights," 44 Md. L. Rev. 1 (1985)
            "Visions of Practice in Legal Thought," 36 Stan. L. Rev. 469 (1984)
            "Legality, Bureaucracy, and Class in the Welfare System," 92 Yale L.J. 1198 (1983)
            "Homo Psychologicus: Notes on a New Legal Formalism," 32 Stan L. Rev. 487(1980).
            "The Ideology of Advocacy: Procedural Justice and Professional Ethics," 1978 Wis. L. Rev. 28.