Margaret Tarkington

Indiana University Robert H. McKinney School of Law

Associate Professor of Law

530 West New York Street

Indianapolis, IN 46202

United States

SCHOLARLY PAPERS

13

DOWNLOADS

1,489

SSRN CITATIONS

1

CROSSREF CITATIONS

0

Scholarly Papers (13)

1.

The Truth Be Damned: The First Amendment, Attorney Speech, and Judicial Reputation

Georgetown Law Journal, Vol. 97, p. 1567, 2009
Number of pages: 72 Posted: 23 Sep 2008 Last Revised: 10 Oct 2010
Margaret Tarkington
Indiana University Robert H. McKinney School of Law
Downloads 238 (238,583)

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First Amendment, Speech Clause, attorney speech, political speech, free speech, New York Times v. Sullivan, professional responsibility, courts, judges, professional ethics

2.

The Role of Attorney Speech and Advocacy in the Subversion & Protection of Constitutional Governance

Washington University Journal of Law and Policy, Forthcoming
Number of pages: 59 Posted: 12 Jan 2022
Margaret Tarkington
Indiana University Robert H. McKinney School of Law
Downloads 198 (283,348)

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First Amendment, Donald Trump, Big Lie, 2020 Election, Lawyer First Amendment Rights, January 6, Capitol Insurrection, Save America Rally, Professional Responsibility, Lawyer Regulation, Rudy Giuliani, Sidney Powell, John Eastman, John Clark, Pretrial Publicity, Public Advocacy, Legal Ethics

3.

A First Amendment Theory for Protecting Attorney Speech

UC Davis Law Review, Vol. 45, p. 27, 2012
Number of pages: 75 Posted: 01 Sep 2010 Last Revised: 21 Aug 2013
Margaret Tarkington
Indiana University Robert H. McKinney School of Law
Downloads 171 (322,819)
Citation 1

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Attorney Speech, First Amendment, Holder v. Humanitarian Law Project, Access-to-Justice theory, Free Speech

4.

A Free Speech Right to Impugn Judicial Integrity in Court Proceedings

Boston College Law Review, Vol. 51, p. 363, 2010
Number of pages: 72 Posted: 26 Oct 2009 Last Revised: 10 Oct 2010
Margaret Tarkington
Indiana University Robert H. McKinney School of Law
Downloads 151 (358,529)

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First Amendment, Speech Clause, attorney speech, political speech, free speech, New York Times v. Sullivan, professional responsibility, courts, judges, professional ethics

5.

Freedom of Attorney-Client Association

2012 Utah Law Review 1071, Indiana University Robert H. McKinney School of Law Research Paper No. 2012-07
Number of pages: 58 Posted: 09 Mar 2012 Last Revised: 20 Jun 2013
Margaret Tarkington
Indiana University Robert H. McKinney School of Law
Downloads 107 (466,627)

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Professional Responsibility, Legal Profession, First Amendment, Constitutional Law, Freedom of Association

6.

Lost in the Compromise: Free Speech, Criminal Justice, and Attorney Pretrial Publicity

Indiana University Robert H. McKinney School of Law Research Paper No. 2013-35
Number of pages: 83 Posted: 21 Aug 2013 Last Revised: 19 Oct 2013
Margaret Tarkington
Indiana University Robert H. McKinney School of Law
Downloads 104 (476,314)

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free speech, First Amendment, professional responsibility, lawyer regulation, legal ethics, attorney speech, criminal justice

7.

Reckless Abandon: The Shadow of Model Rule 8.4(g) and a Path Forward

St. John's Law Review , Forthcoming, Indiana University Robert H. McKinney School of Law Research Paper No. 2020-20
Number of pages: 57 Posted: 14 Dec 2020 Last Revised: 10 Feb 2021
Margaret Tarkington
Indiana University Robert H. McKinney School of Law
Downloads 103 (479,554)

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Legal Ethics, Professional Responsibility, anti-discrimination rules, attorney first amendment rights, constitutional law, free speech, lawyer regulation

8.

Government Speech and the Publicly Employed Attorney

Brigham Young University Law Review, Forthcoming
Number of pages: 28 Posted: 02 Sep 2010
Margaret Tarkington
Indiana University Robert H. McKinney School of Law
Downloads 100 (489,183)

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government speech, attorney speech, first amendment, Garcetti v. Ceballos, free speech, public employee

9.

Rejecting the Touchstone: Complete Preemption and Congressional Intent after Beneficial National Bank v. Anderson

South Carolina Law Review, Vol. 59, p. 225, 2008
Number of pages: 72 Posted: 06 Feb 2008
Margaret Tarkington
Indiana University Robert H. McKinney School of Law
Downloads 94 (509,509)

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complete preemption, federal courts, well-pleaded complaint rule, civil procedure, separation of powers, federalism, removal

10.

Throwing Out the Baby: The ABA's Subversion of Lawyer First Amendment Rights

Texas Review of Law & Politics, Vol. 24, No. 1, 2019, Indiana University Robert H. McKinney School of Law Research Paper No. 2020-18
Number of pages: 57 Posted: 14 Dec 2020 Last Revised: 10 Feb 2021
Margaret Tarkington
Indiana University Robert H. McKinney School of Law
Downloads 69 (611,103)

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lawyer ethics, first amendment, lawyer first amendment rights, confidentiality, ABA, Opinion 480, constitutional law, lawyer regulation, professional responsibility, duty of confidentiality

11.

Lawyers and the Abuse of Government Power

Number of pages: 145 Posted: 29 Nov 2023 Last Revised: 30 Apr 2024
Margaret Tarkington
Indiana University Robert H. McKinney School of Law
Downloads 68 (615,756)

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2020 election, Trump indictment, attorney co-conspirators, Georgia RICO indictment, election integrity, professional responsibility, lawyer regulation, Big Lie, fake electoral slates, Chesebro, Giuliani, Ellis, Eastman, Donald Trump, Electoral Count Act, 12th Amendment, January 6,

12.

'Breathing Space to Survive' — The Missing Component of Model Rule 8.4(g)

Hofstra Law Review, Vol. 50, No. 3, 2022
Number of pages: 30 Posted: 20 Jan 2023
Margaret Tarkington
Indiana University Robert H. McKinney School of Law
Downloads 43 (759,797)

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Professional Responsibility, Lawyer First Amendment Rights, Lawyer Regulation, First Amendment, Antiharassment, Antidiscrimination, Rules of Professional Conduct, Model Rule of Professional Conduct 8.4(G), Aba Formal Opinion 493, Constitutional Law, Breathing Space, Lawyer Discipline, Free Speech

13.

Introduction: The Ethics of Lawyers in Government

Indiana Law Review, Vol. 52, No. 2, 2019, Indiana University Robert H. McKinney School of Law Research Paper No. 2020-19
Number of pages: 6 Posted: 14 Dec 2020 Last Revised: 10 Feb 2021
Margaret Tarkington
Indiana University Robert H. McKinney School of Law
Downloads 43 (759,797)

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Government lawyers, professional responsibility, legal ethics, government ethics