Keith Swisher

University of Arizona - James E. Rogers College of Law

Professor of Legal Ethics and Director, Bachelor in Law and Master of Legal Studies Programs

P.O. Box 210176

Tucson, AZ 85721-0176

United States

  • University of Arizona - James E. Rogers College of Law

SCHOLARLY PAPERS

21

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in Total Papers Downloads

4,779

SSRN CITATIONS

1

CROSSREF CITATIONS

6

Scholarly Papers (21)

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1.

The Practice and Theory of Lawyer Disqualification

Georgetown Journal of Legal Ethics, Vol. 27, No. 1, p. 71, 2014
Number of pages: 113 Posted: 15 Nov 2013 Last Revised: 02 May 2014
Keith Swisher
University of Arizona - James E. Rogers College of Law
Downloads 965 (46,936)

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Lawyer Disqualification, Law Firm Disqualification, Screening, Model Rules of Professional Conduct, Motions to Disqualify, Strategic Motion to Disqualify, Attorney Disqualification, the Appearance of Impropriety, Conflict of Interest, Lawyer Misconduct

2.

The Troubling Rise of the Legal Profession's Good Moral Character

St. John's Law Review, Vol. 82, p. 1037, 2008
Number of pages: 49 Posted: 03 Oct 2007 Last Revised: 12 Feb 2013
Keith Swisher
University of Arizona - James E. Rogers College of Law
Downloads 596 (88,536)

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Character Review, Character Screening, Good Moral Character, Criminal Record, Criminal History, Licensing Requirements, Bar Admissions

3.

Pro-Prosecution Judges: 'Tough on Crime', Soft on Strategy, Ripe for Disqualification

Arizona Law Review, Vol. 52, No. 2, 2010
Number of pages: 77 Posted: 27 Nov 2009 Last Revised: 18 Jan 2019
Keith Swisher
University of Arizona - James E. Rogers College of Law
Downloads 365 (158,633)

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Judicial Disqualification, Recusal, Caperton v. A.T. Massey Coal, Due Process, Campaign Contributions, Appearance of Bias, Impartiality, Judicial Ethics, Tough on Crime Campaigns, Pro-Prosecution Judges, Judicial Elections

4.

The Judicial Ethics of Criminal Law Adjudication

Arizona State Law Journal, Vol. 41, 2009
Number of pages: 74 Posted: 05 Nov 2008 Last Revised: 21 Dec 2009
Keith Swisher
University of Arizona - James E. Rogers College of Law
Downloads 310 (188,906)

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judicial ethics, judicial discipline, judicial independence, criminal law, adjudication, ABA Model Code of Judicial Conduct, judicial conduct commissions

5.

New Legal Ethics Textbook: Problems in Professional Responsibility for a Changing Profession -- Sixth Edition

Problems in Professional Responsibility for a Changing Profession, Carolina Academic Press; 6th ed. 2017, U Denver Legal Studies Research Paper No. 17-28
Number of pages: 121 Posted: 11 Sep 2017 Last Revised: 26 Sep 2017
Andrew L Kaufman, David B. Wilkins, Eli Wald and Keith Swisher
Harvard Law School, Harvard University - Center on the Legal Profession, University of Denver Sturm College of Law and University of Arizona - James E. Rogers College of Law
Downloads 302 (194,311)
Citation 1

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Legal Ethics, Judicial Ethics, Professional Responsibility, Legal Profession, Lawyer Regulation, MPRE

6.

Legal Ethics and Campaign Contributions: The Professional Responsibility to Pay for Justice

Georgetown Journal of Legal Ethics, Vol. 24, No. 2, p. 225, 2011
Number of pages: 56 Posted: 30 Sep 2010 Last Revised: 18 Jan 2019
Keith Swisher
University of Arizona - James E. Rogers College of Law
Downloads 292 (201,284)

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Judicial Election, Judicial Selection, Campaign Contributions, Attorney/Lawyer Contributions, Lawyer's Role, Legal Ethics, Judicial Ethics, Professional Responsibility, Caperton v. A.T. Massey Coal, Citizens United

7.

When Judges Should Be Seen, Not Heard: Extrajudicial Comments Concerning Pending Cases and the Controversial Self-Defense Exception in the New Code of Judicial Conduct

NYU Annual Survey of American Law, Vol. 64, No. 3, 2009
Number of pages: 58 Posted: 13 Apr 2009
Mark I. Harrison and Keith Swisher
Osborn Maledon, PA and University of Arizona - James E. Rogers College of Law
Downloads 233 (252,102)

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Judicial Ethics, Model Code of Judicial Conduct, Canon 3B(9), Canon 2, Rule 2.10, Judicial Speech, Extrajudicial Comment, Ex Parte Communications, Judges Speaking to Press or Media

8.

Disqualifying Defense Counsel: The Curse of the Sixth Amendment

St. Mary's Journal on Legal Malpractice & Ethics, Vol. 4, 374, 2014
Number of pages: 33 Posted: 31 Jan 2014 Last Revised: 18 Jan 2019
Keith Swisher
University of Arizona - James E. Rogers College of Law
Downloads 215 (272,013)

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Attorney Disqualification, Lawyer Disqualification in Criminal Practice, Prosecutorial Disqualification, Sixth Amendment, Gideon, Conflict of Interest, Strategic Motion to Disqualify, Screening, Concurrent Client Conflicts, Former Client Conflicts, Joint Representation, Rules of Professional Conduct

9.

The Moral Judge

Drake Law Review, Vol. 56, No. 3, p. 637, 2008
Number of pages: 48 Posted: 15 Jun 2008
Keith Swisher
University of Arizona - James E. Rogers College of Law
Downloads 189 (306,119)

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Federal Judicial Selection; Judicial Appointment; Adjudicatory Justice; Judicial Ethics; Code of Judicial Conduct; Canons of Judicial Ethics

10.

Tabor Lecture: The (Over)Use of Age and Custom in Legal Ethics

Valparaiso University Law Review, Vol. 52, No. 165, 2018
Number of pages: 40 Posted: 17 Jan 2019
Keith Swisher
University of Arizona - James E. Rogers College of Law
Downloads 150 (373,719)

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Legal Ethics, Custom, Prevailing Professional Norms, Prevailing Practices, ABA Model Rules of Professional Conduct, Rule 8.4(g)

11.

The Unethical Judicial Ethics of Instrumentalism and Detachment in American Legal Thought

Willamette Law Review, Vol. 43, No. 4, 2007
Number of pages: 16 Posted: 13 Sep 2007
Keith Swisher
University of Arizona - James E. Rogers College of Law
Downloads 150 (373,719)

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Judicial Ethics, Clark v. Arizona, Holmes v. South Carolina, American Legal Thought

12.

On the Validity and Vitality of Arizona's Judicial Merit Selection System: Past, Present, and Future

Fordham Urban Law Journal, Vol. 34, No. 1, 2007
Number of pages: 26 Posted: 20 Sep 2007 Last Revised: 24 Jul 2012
Mark I. Harrison, Keith Swisher and Meghan H. Grabel
Osborn Maledon, PA, University of Arizona - James E. Rogers College of Law and Osborn Maledon, PA
Downloads 130 (418,344)

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Merit Selection, Judicial Performance Review, Appointive Selection, Judicial Selection, Judicial Elections

13.

Prosecutorial Conflicts of Interest in Post-Conviction Practice

Hofstra Law Review, Vol. 41, No. 1, page 181, 2013
Number of pages: 35 Posted: 26 Oct 2012 Last Revised: 12 Mar 2013
Keith Swisher
University of Arizona - James E. Rogers College of Law
Downloads 129 (420,812)

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model rules of professional conduct, prosecutorial ethics, wrongful convictions, conflicts of interest, model rule 3.8, duty to disclose evidence

14.

Judicial Discipline in the States

Number of pages: 45 Posted: 22 Oct 2019
Keith Swisher
University of Arizona - James E. Rogers College of Law
Downloads 121 (441,881)

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Judicial Ethics, Judicial Discipline, Judicial Independence, Judicial Accountability, Judicial Conduct Commissions

15.

Disciplinary Authority and Choice of Law in Online Advertising: Disclaimers or Double Deontology

The Professional Lawyer, Vol. 21, No. 1, pp. 8-15, 2011
Number of pages: 20 Posted: 26 Oct 2012
Keith Swisher
University of Arizona - James E. Rogers College of Law
Downloads 121 (441,881)

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lawyer advertising, choice of law, disciplinary authority, social media, law firm websites, disclaimers

16.

The Short History of Arizona Legal Ethics

Arizona State Law Journal, Vol. 45, 2013
Number of pages: 45 Posted: 11 Aug 2013 Last Revised: 04 Sep 2013
Keith Swisher
University of Arizona - James E. Rogers College of Law
Downloads 116 (456,083)

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Legal Ethics, Model Rules of Professional Conduct, Arizona Rules of Professional Conduct, Canons of Professional Ethics, Arizona History, Inherent Powers, Lawyer Screening, Rule 1.10, Prosecutorial Ethics, Rule 3.8, Inadvertent Disclosure, Rule 4.4, Bates v. State Bar of Arizona

17.

Recusal, Government Ethics, and Superannuated Constitutional Theory

Maryland Law Review, Vol. 72, No. 1, Page 219, 2012
Number of pages: 32 Posted: 02 May 2012 Last Revised: 12 Feb 2013
Keith Swisher
University of Arizona - James E. Rogers College of Law
Downloads 108 (480,745)

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Nevada Commission on Ethics v. Carrigan, Caperton v. A.T. Massey Coal Co., Judicial Recusal, Judicial Disqualification, Judicial Ethics, Code of Judicial Conduct, Republican Party of Minnesota v. White, Judges as Trustees

18.

The Right to (Human) Counsel: Real Responsibility for Artificial Intelligence

74 S.C. L. Rev. 823 (2023), Arizona Legal Studies Discussion Paper No. 24-02
Number of pages: 41 Posted: 19 Oct 2023 Last Revised: 26 Jan 2024
Keith Swisher
University of Arizona - James E. Rogers College of Law
Downloads 92 (536,019)

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legal ethics; artificial intelligence; ChatGPT; rules of professional conduct; professional responsibility

19.

Death and Ethics: Suffocating or Saving Nonlawyer Practitioners with Lawyer Ethics

Downloads 79 (587,730)

Death and Ethics: Suffocating or Saving Nonlawyer Practitioners with Lawyer Ethics

70 UCLA L. Rev. Disc. 52, 2022
Number of pages: 22 Posted: 16 Feb 2023
Keith Swisher
University of Arizona - James E. Rogers College of Law
Downloads 63 (675,500)

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Rules of Professional Conduct, Legal Paraprofessional, Licensed Paralegal Practitioner, Limited License Legal Technician, Regulating Nonlawyers, Legal Ethics

Death and Ethics: Suffocating or Saving Nonlawyer Practitioners with Lawyer Ethics

70 UCLA L. Rev. Disc. 52, 2022, Arizona Legal Studies Discussion Paper No. 23-07
Number of pages: 22 Posted: 16 Feb 2023
Keith Swisher
University of Arizona - James E. Rogers College of Law
Downloads 16 (1,061,999)

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Rules of Professional Conduct, Legal Paraprofessional, Licensed Paralegal Practitioner, Limited License Legal Technician, Regulating Nonlawyers, Legal Ethics

20.

Algorithmic Judicial Ethics

Wisconsin Law Review, Forthcoming 2024, Arizona Legal Studies Discussion Paper 24-19
Number of pages: 55 Posted: 25 Apr 2024 Last Revised: 29 Apr 2024
Keith Swisher
University of Arizona - James E. Rogers College of Law
Downloads 73 (614,188)

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Algorithms, Artificial Intelligence, Judicial Ethics, Risk Assessment, Bias, Discrimination, Statistical Methods

21.

Defendants Guilty of Being Innocent; Prosecutors Guilty of Being Human

Arizona Attorney, May 2013
Number of pages: 7 Posted: 24 Dec 2014 Last Revised: 18 Jan 2019
Keith Swisher
University of Arizona - James E. Rogers College of Law
Downloads 43 (784,109)

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law, ethics, defendants, prosecutor, Brady v. Maryland, prosecutorial ethics, Rule 3.8