bluuebunny/crossref_metadata_2025 huggingface dataset:
Culture, dental professionals and oral health values in multicultural societies: measuring cultural factors in geriatric oral health research and education
Authors: Strauss Ronald P.
Published: July 2006

Culture has significant impacts upon professional practice and patient health behaviours, especially in multicultural societies. This paper introduces the concept of culture and examines how it may be of importance to dental health professionals. Using the Dental Impact Profile and other dental social science measures, dental researchers and students can be engaged in studying cultural values and characteristics as a way of dealing with cultural differences.
Geriatric dental education and training in the United States: 1995 White Paper findings
Authors: Dolan T. A. , Berkey D.B. , Mulligan R. , Saunders M.J.
Published: July 2006

“As the 21st century quickly approaches with an expansive geriatric population growth, are we adequately preparing health professionals to address patient needs? Will there be a shortage of competent clinicians and proficient faculty? Is there a proposed agenda to improve educational outcomes, clinical expertise, and oral health status of older adults? These and related concerns have prompted a focused geriatric education project within the United States. The Bureau of Health Professions (BHPr) of the Health Resources and Services Administration has provided the impetus and leadership through the Geriatric Education Futures Project. Dentistry is one of eleven disciplines invited to participate in this important effort which also includes medicine, nursing, social work, public health, allied and associated health, managed care, long‐term care, case management, interdisciplinary education, and ethnogeriatrics. The first two phases of this project were: 1) writing White Papers which give “a critical review of the state of the art of geriatric education, project a future response to societal need and provide policy recommendations to achieve the preferred future;” and 2) sponsoring an invitational National Forum on Geriatric Education and Training in the spring of 1995 to present, discuss, and accept the White Paper findings, as well as enlisting broader participation and support from appropriate educational institutions, professional organizations (including the American Society for Geriatric Dentistry and the American Dental Association), government agencies, foundations, consumer organisations, etc. The third phase is ongoing and includes the development of national innovative educational collaboratives, dissemination of the White Papers and related documents, and continued “catalytic activities directed toward the implementation of a national agenda for action in geriatric education.” The complete text of all discipline‐specific White Papers can be found in A National Agenda for Geriatric Education, Volume 1: White Papers1. In an effort to more extensively disseminate the findings from the Dentistry White Paper, Gerodontology is reprinting the first two‐thirds of the Dentistry White Paper which includes the state of the art in geriatric dental education and future vision needed to meet the needs of older adults, as well as summary identification of the 19 dental policy recommendations (See Table 3). Special Care in Dentistry2 has recently published the complete text of these specific recommendations including the rationale, action required, responsible agents, and expected outcomes. Although some information contained in this White Paper may be specific only to the United States, it is also apparent that much of its content has relevance to gerodontology efforts in industrialised countries throughout the world.”–Bernice A. Parlak and Susan M. Klein (see endnote)
Federal Air-Quality Standards and Their Implementation
Authors: Currie David P.
Published: July 2006

With the enactment of the Clean Air Act amendments in 1970, the federal government, essentially an interested bystander as recently as 1960, became the dominant presence in air pollution control. The current statute provides for federal research, financial support of state control programs, and interstate compacts (secs. 101-106). It retains, in vestigial form, a cumbersome conference procedure (sec. 115) copied from the earlier water-pollution statute and never much used in air pollution. irect federal regulatory authority was substantially increased by the 1970 amendments: the federal Environmental Protection Agency (EPA) may now adopt emission standards not only for new vehicles (sec. 202) but also for all aircraft (sec. 231), for new stationary sources of any type that “may contribute significantly to air pollution” (sec. 111), and for any source of a “hazardous” air pollutant, that is, one that “may cause, or contribute to, an increase in mortality or … in serious irreversible, or incapacitating reversible, illness” (sec. 1 12); it may also regulate the contents of motor-vehicle fuels (sec. 211). An emergency provision authorizes the federal agency, absent adequate state or local action, to sue to enjoin any emissions contributing to “an imminent and substantial endangerment to the health of persons” (sec. 303). Yet everyday control of most existing stationary sources remains subject to an awkward joint federal-state system of air-quality standards. That system is the subject of the present article.
Determining the Finance Charge Under the Truth in Lending Act
Authors: Landers Jonathan M.
Published: July 2006

Determination of the finance charge is central to the Truth in Lending disclosure scheme. The author analyzes difficulties encountered in drafting the finance charge provisions, judicial and administrative interpretations of the statutory provisions, and application of the concept to various types of transactions. He concludes that, despite imperfections in the statute and regulation, the present provisions are about the best that can be expected given the varieties of credit transactions and differences in state law provisions regulating such transactions.
Costly Misconceptions of Law and Legal Services: The Small Business Owner vs. the Chicago Personal Property Tax
Authors: Fisher Kenneth P. , Humphreys Gail S.
Published: July 2006

Inaccurate perceptions of the law by ordinary citizens, especially when resolution of conflicts caused by such perceptions is usually handled by lawyers, can lead to cynicism and distrust of government, the legal system, and the lawyers who participate in the system. The authors present some results of research into the functioning of a particular part of the system in a particular place to show how all participants keep the situation from being changed.
Toward Improved Legal Service Delivery: A Look at Four Mechanisms
Authors: Christensen Barlow F.
Published: July 2006

A legal service delivery system intended to facilitate the providing of services by private practitioners should, to be complete, include among its functions three that are of special importance. First, it should diagnose legal problems. Second, it should make available to a person with a legal problem the information needed for informed selection of a lawyer. And third, it should, when necessary, help the prospective client to make the initial contact with a lawyer. Lawyer advertising, specialty certification, lawyer directories, and lawyer referral services perform some of these functions, but no one mechanism performs all three adequately. A system combining the lawyer directory with an expanded lawyer referral service might do so and thus might be a more complete answer to the problem of delivery of legal services.
Environment, Damages, and Compensation
Authors: Pfennigstorf Werner
Published: July 2006

This article, the first part of a larger study devoted to the compensation of damages caused by pollution, reviews the existing sources of compensation in the United States: the common law of torts, federal and state statutes, and various forms of commercial insurance coverages. It shows how the rules of nuisance law have remained flexible in response to changing customs and public policies, how for a long time prevailing attitudes favored industrial development and economic growth over physical comfort, and how increasing concerns about the long-term health effects of environmental pollution have created a trend in the opposite direction. The author also points out that the existing system of liability and compensation, which relies on individual actions and case-by-case adjudication, is not ideally suited for dealing with the effects of large-scale pollution or for the —primarily political—task of evaluating and balancing all of the interests and values, present and future, economic and noneconomic, that need to be considered before decisions can be made that are bound to affect the health and economic well-being of a large part of the population beyond the immediate parties to a lawsuit. This indicates a need for a comprehensive approach that would not only coordinate the rules concerning liability and those concerning insurance and other sources of compensation but would also make the compensation of pollution damages an integral part of a thoroughly rational and consistent environmental policy. The various possibilities of constructing such a comprehensive compensation system will be discussed in the second part of the study, to be published in a forthcoming issue of the American Bar Foundation Research Journal.
Anatomy of a Counter-Bar Association: The Chicago Council of Lawyers
Authors: Powell Michael
Published: July 2006

There have been few successful attempts in the history of the organized bar since 1870 to establish alternative bar groups that challenge the dominance of the large comprehensive local and state bar associations over the representation of lawyers' interests. Founded in 1969, a product of the social ferment of the 1960s, the Chicago Council of Lawyers provides an example of one such attempt. This paper examines the conditions under which a reform-oriented counter-bar association is likely to arise, the factors that permitted its successful establishment in Chicago, and the functions it serves within the legal profession as an alternative to the Chicago Bar Association.

While the violence surrounding the 1968 Democratic National Convention in Chicago may have sparked the formation of an alternative bar association, it was intraprofessional matters that deeply concerned the founders of the Council particularly the performance of the organized bar in providing legal services to the poor and in improving the quality of the judiciary. Within the legal profession itself there was also a striking disjunction between the age of the leadership of the bar and of the numerous young lawyers who flooded in-to the bar in the 1960s. Preexisting networks of young activist lawyers greatly facilitated organizational formation.

As a reformist group with a small and relatively homogeneous membership, and lacking strong ties to powerful institutions, the Council can afford to take strong stances on controversial issues. By aggressively supporting positions at odds with those of the more established bar associations, and thus providing the media, the public, and legislators with an alternative viewpoint, the Council contributes to shattering the myth of a unified profession and to the demystification of professional authority.
The Unauthorized Practice of law: Do Good Fences Really Make Good Neighbors—or Even Good Sense?
Authors: Christensen Barlow F.
Published: July 2006

While the legal profession's efforts to suppress the practice of law by non-lawyers go back to colonial times, the modern unauthorized practice movement began in the late 1800s and early 1900s. Its greatest success, however, took place during the 40 years from 1920 to 1960. Recent years have seen the reversal of some of the prior successes in the field, and current challenges to unauthorized practice restrictions raise serious questions about their present validity. Do the benefits to the public from the enforcement of rules against the unauthorized practice of law justify continuation of the effort?
Coastal Land Management in Florida
Authors: Finnell Gilbert L.
Published: July 2006

During the 1970s, the Florida legislature enacted some of the nation's most innovative and comprehensive state and local land-planning and regulatory programs. The Environmental Land and Water Management Act of 1972 adopted large parts of an early draft of article 7 of the ALIModel Land Development Code, thereby asserting a state regulatory role in areas of critical state concern and for developments of regional impact; Florida's Local Government Comprehensive Planning Act of 1975 introduced planning and regulatory innovations that, if ever fully implemented, could place Florida in the vanguard of land regulatory reform at the local governmental level. This study, which is the concluding part of a study of the evolution of federal, state, and local regulatory roles in the management of coastal land resources, examines the intergovernmental, interagency, and separate-branch tensions that have emerged as Florida moves to implement its new laws. Included,inter alia, is an analysis of the Florida Supreme Court's controversial nondelegation decision inAskew v. Cross Key Waterways.Although Florida can claim some limited successes in program implementation, its land management systems are still not adequately integrated and coordinated, and they have not been implemented as successfully as their proponents thought possible. For example, the state has several alternatives for complying with the federal requirements for an approved management program under the Federal Coastal Zone Management Act of 1972—the comprehensive land management system examined in this study being only one of the available ones. Yet Florida still has been unable to obtain federal approval, and, if it ever does, will be one of the last of the major coastal states to do so. Much of Florida's difficulty in forging a well-integrated coastal land management process is attributable to substantial disagreements on two basic propositions: because of Florida's unique ecological characteristics, coastal land management should not be divorced from comprehensive land management for other purposes; and because of substantial regional diversities within the state, coastal land management in Florida should include a significant planning and regulatory role for local governments as well as for regional and state agencies.
Winners and losers and Why: A Study of Defamation litigation
Authors: Franklin Marc A.
Published: July 2006

This article summarizes the results of a study of 534 reported defamation cases decided over a period beginning in 1976 and ending just before the Hutchinson and Wolston decisions of mid-1979. A major aspect of the study was the comparison of media and nonmedia defamation cases, which appear quite different. Each case was studied to identify, among other things, the plaintiff and the defendant, the statement that provoked the suit, the context of that statement, the role of state and federal law in resolving the case, and the procedural stages at which each case was resolved. A follow-up study to identify changes since Hutchinson and Wolston is in progress.
URLTA in Operation: Foreword
Authors: McCabe John M.
Published: July 2006

The studies conducted by Jan Brake1 and Don McIntyre, under a grant from the General Service Foundation, constitute a first effort to inquire into the practical effect on the residential landlord-tenant relationship of legislation modeled after the Uniform Residential Landlord and Tenant Act (URLTA). These are modest studies of a difficult relationship, and they cannot be expected to yield many definitive answers. At the same time, this is important work because it pioneers empirical study of this subject. Most important, it gets us to thinking about our expectations of law reform.
URLTA in Operation: The Oregon Experience
Authors: Brakel Samuel Jan
Published: July 2006

Section 1.102(b) of the uniform act states the primary objectives, the “underlying purposes and policies” of this model legislation:

(1) to simplify, clarify, modernize, and revise the law governing the rental of dwelling units and the rights and obligations of landlords and tenants;

(2) to encourage landlords and tenants to maintain and improve the quality of housing; and

(3) to make uniform the law with respect to the subject of this Act among those states which enact it.
Evaluating the Proposed Model Rules of Professional Conduct
Authors: Kutak Robert J.
Published: July 2006

In January 1980 the Commission on Evaluation of Professional Standards released a draft of proposed Model Rules of Professional Conduct. That draft is not a final draft, nor even a tentative one, but a Discussion Draft. By that title, and by the appearance of the draft in typescript the Commission has attempted to convey that the proposed Rules are a series of ideas meriting discussion, not fixed positions that we are prepared to aggressively defend. We know that the Discussion Draft requires editorial revision, that its substance needs additional refinement, that its policies deserve reconsideration. But after two and one-half years of dialogue, study, drafting, debate, and redrafting, we thought the Model Rules would gain much from the fresh perspective and critical appraisal that others could provide. To that end we solicited comments from lawyers and the public hoping to stimulate a public discussion of the role of lawyers in American society. That discussion will ultimately lead to a final draft of proposed Model Rules that reflects the best thinking of our profession as a whole.
Lawmaking and Public Opinion Research: The President and Patrick Caddell
Authors: Zeisel Hans
Published: July 2006

The people's sense of what is good and right is both the ultimate source and the ultimate strength of the rules that govern a democratic society. If there is a major discrepancy between that sense and the rules, the rules and those who cling to them will eventually disappear.
The Historical Context of Small Claims Courts
Authors: Steele Eric H.
Published: July 2006

The conception of simple, informal, lawyerless courts where ordinary people can settle their affairs amicably without expense, delay, technicality, or contentiousness has fascinated Americans since colonial times. This theme can be seen running through the movements to codify the law, simplify legal procedure, open the practice of law to Everyman, create conciliation courts; the creation of the small claims courts and administrative tribunals; and attempts in the 1960s and 1970s to divert small matters out of the courts altogether and into Neighborhood Justice Centers and other informal dispute resolution mechanisms.

The long and complex history of reform has been characterized by cyclical shifts in emphasis between two principal modes of characterizing small claims. One mode characterizes small claims as petty private quarrels and has led to attempts to supply justice by aiding fair outcomes between the particular parties. Since no broader social impact of the dispute is seen, the most efficient possible individual level response is viewed as appropriate. The other mode perceives small claims as particular instances of important systematic injustices between social groups or classes and has led to attempts to use small claims processing as the forum for making important policy. Perceiving broad social impact of the resolution of small claims, one will see a mobilization of aggregate resources to deal with them as important social problems as appropriate.

As a result, entire classes of cases and issues may be skimmed off and dealt with collectively as important social-legal problems. When this occurs the perception of the small claims that remain shifts to the other mode, and they are viewed as less important residual petty quarrels meriting less attention and resources. This periodic skimming off of certain claims and waning of collective attention to the remaining mass of claims has introduced a cyclical element into the development of small claims courts (and other legal reforms). Thus the mode of preceiving small claims itself conditions the mode of legal response which is advocated.
The Lawyer's Pro Bono Publico Responsibility
Authors: Christensen Barlow F.
Published: July 2006

Lawyers have a pro bono publico obligation, arising both from the profession ‘s tradition of service before gain and from the lawyer's essential and monopolistic position in the justice system. The appropriate measure of this obligation is the reasonable capacity of the profession to provide public service, a standard that can be met only if all lawyers are involved in the effort. While volunteerism has some values that might be impaired by a mandatory system of pro bono service, only a mandatory system gives promise of involving all lawyers in the discharge of this fundamental professional obligation.
Influence and Issues in the Legal Community: The Role of a Legal Elite
Authors: Slovak Jeffrey S.
Published: July 2006

This article is the third and last in a series that has focused on the corporate actor elite of Chicago's legal community—those attorneys who practice law with and for the major business, social, civic, cultural, and charitable organizations in the city. In this paper, the focus is on the participation of the members of that elite in a series of issues that have arisen in both the legal community and the larger society in the recent past.

The article first examines the resources for collective decision making which the members of the corporate actor legal elite bring to the process of community issue resolution. It then examines in detail elite issue preferences and the patterns of elite participation in five professional and political issues. From this analysis an interesting “paradox of power” emerges: the elite is most successful on those issues in which it is least interested and active and least successful on those which most heavily attract its participation. The article concludes with a discussion of the reason for this paradox, basing its answer in larger sociological theories of the activation of different types of resources in different types of community conflict.
The Social Organization of Legal Services to Indigent Defendants
Authors: Gilboy Janet A.
Published: July 2006

This article draws together materials portraying appointed counsel services in a variety of jurisdictions to illustrate the role of court organization in shaping legal services to indigent defendants. Many criminal courts are bifurcated into preliminary hearing and trial courts. Legal representation of indigents is frequently organized to parallel these stages. As a result, indigent defendants receive defense services from a succession of different lawyers at different stages of their cases. This occurs in three ways. First, some defendants legally eligible for appointed counsel at the inception of their cases have counsel appointed for them only at the trial court after initially employing their own counsel at the preliminary hearing. The dual court system encourages such one-stage representation by private lawyers by facilitating their withdrawal between stages of a case. Second, indigents may also have different private lawyers appointed to represent them at different stages because judges, interested in efficiently running their court calls, desire that particular lawyers represent indigents in their courtrooms. Finally, defender offices often assign different lawyers to different stages as a result of both the demands by judges that defenders be assigned exclusively to their courtrooms and the costs of delivering continuous legal services in a tiered judicial system. For indigent defendants the sequential system of representation may adversely affect the quality of case preparation and undermine a sound attorney-client relationship.
Tort Responsibility of Mentally Disabled Persons
Authors: Ellis James W.
Published: July 2006

The standard of care to be applied in tort cases involving mentally disabled people has not been reconsidered in recent years. Traditional rationales for the “objective” standard are less persuasive in the context of current legal approaches to the rights of mentally ill and retarded persons. Analogies to children (especially the concept of “mental age”) and to physically handicapped adults merit reexamination.
Automating Administrative Systems in a Law School Teaching Clinic: Designing a Computer System to Process Case and Time Data for Management and Research
Authors: Staudt Ronald W. , Sprowl James A.
Published: July 2006

The authors describe the design and installation of a computerized administration system in a law school clinic. The automated system gathers, maintains, and reports data about the cases and the activities of clinical teachers and students. It is found that automated case and time data systems can improve the quality of client service and education and simultaneously support empirical research. The authors propose that a national coding protocol for computer management systems be established to facilitate uniform data gathering about clinical education.
The Appraisal Remedy in Corporate Law
Authors: Fischel Daniel R.
Published: July 2006

In corporate law the appraisal remedy gives shareholders the right to dissent from types of corporate transactions and to obtain payment for their shares from the corporation. While the remedy is typically viewed as a form of protection for minority shareholders, the author argues that it is best understood as an implied contractual term that increases the value of all shares.
The Small-Case Procedure of the United States Tax Court: A Small Claims Court that Works
Authors: Whitford William C.
Published: July 2006

Professor Whitford finds that the small-case procedure of the United States Tax Court, unlike most other small claims courts, provides a meaningful avenue of redress for taxpayers contesting small amounts and appearing pro se. The success of this procedure is attributed to the unique dispute “posture” of the Tax Court petitioner and to the extensive resources assigned to the small-case procedure by both the Tax Court and the chief counsel to the IRS. This special Tax Court invention is not likely to be replicated in courts of more general jurisdiction. Lack of political support will prevent allocation of resources sufficient to make pro se litigation work. The expenditure of such resources in the Tax Court apparently reflects a felt need to legitimate the tax system by providing fair disputing procedures.
Clients, Colleagues, and Community: The Shaping of Zealous Advocacy in Country law Practice
Authors: Landon Donald D.
Published: July 2006

This exploratory study examines the impact of context on the exercise of one dimension of professional responsibility—zealous advocacy. The context selected for observation is the small town (population 20,000 or less), where lawyers work under conditions of high visibility, scrutiny, and accountability. The study suggests that in the small town, the lawyer works in a system where expectations of clients, community, and colleagues possess a high degree of salience for the manner in which he works. The expectations of these separate groups tend to converge on the issue of zealous advocacy and result in the rural attorney's being less likely to exploit the possibilities for adversary combat. The definition of “zealous advocacy” under which he works is shaped in the context of his practice, not in the content of his law school socialization.
Crossing Boundaries: Nineteenth-Century Domestic Relations Law and the Merger of Family and Legal History
Authors: Grossberg Michael
Published: July 2006

This essay argues for the need to study the legal history of the American family. It does so by combining a critique of secondary literature in family and legal history with examples from nineteenth-century domestic relations law. These examples, drawn from family law doctrines on seduction under the cover of a marriage promise, runaway marriages, and bastardy, are used to indicate the benefits of adding a sociocultural dimension to legal history and legal and institutional dimensions to family history. Three main themes in the history of nineteenth-century domestic relations law are developed to make these points: the law's particular fabric of issues, its distribution of authorship, and its chronological development, These themes suggest why a full understanding of the legal history of the American family requires crossing the boundaries between legal and family history.
Professional Divestiture: The Cession of Responsibility for Lawyer Discipline
Authors: Powell Michael J.
Published: July 2006

Lawyer-discipline systems underwent substantial reorganization in a majority of states during the 1970s, with responsibility for their operation moving from the bar associations in which they had been located for almost a century to agencies of the state supreme courts. While this transfer of the locus of lawyer discipline resulted in a diminution of the power of the organized bar, it encouraged the professionalization of the process. In this paper the reasons for the willingness of the bar associations in Illinois to cede control over such a central component of professional regulation are examined and their implications for the sociology of the legal profession discussed. Unable to maintain the status quo in the face of extensive criticism, the Illinois bar associations chose not to meet the high costs of upgrading the discipline process but rather to divest themselves of a function that, although at one time central to their identity and authority, had become inconvenient and damaging to their image. It is suggested that the bar associations were willing to countenance such a divestiture because their positions as collective representatives of the profession in Illinois were secure and the major parameters of lawyer discipline well established. Whereas immediate control over self-regulation processes may be necessary during the developmental phase of professionalism, it is not so important once the profession has achieved a dominant market position.
Advocacy in Constitutional Choice: The Cramer Treason Case, 1942–1945
Authors: Howard J. Woodford
Published: July 2006

How did advocacy at each level of the federal judiciary help shape the leading decision in American law of treason? This article, adapted from a forthcoming biography of Judge Harold R. Medina, is a case study based on Justice Department archives and the personal papers of Medina, Charles Fahy, and seven Supreme Court Justices. It analyzes the whole case, from the lawyers'standpoint, to illuminate the role of counsel in transforming a minor wartime incident into the first treason case decided on the merits by the Supreme Court and the tribunal's only decision during World War II to limit constitutional war powers. Accenting litigation strategy and the use of history in constitutional interpretation, it is a story also of the struggle by counsel on both sides of the case to uphold high professional standards amid the passions of total war.
Comparing Legal Professions Cross-nationally: From a Professions-centered to a State-centered Approach
Authors: Rueschemeyer Dietrich
Published: July 2006

Legal occupations vary dramatically from country to country—in scope of activity, education, organization, and institutional setting. This essay proposes to study legal occupations focusing on their relations to the state rather than on their character as “professions.” It builds on the recent renaissance of state-centered approaches in the social sciences. A review of the diversity of law work and legal occupations in different countries leads to state-centered conceptualizations that identify institutionally comparable features of law work. A sketch of the European historical background of modern legal professions yields theoretical principles that can inform the proposed approach. Variations in the role of the state and in the relation of lawyers to the state apparatus are then shown to be related to differences between national legal professions. Even where the law is primarily seen as a profession, the character of law work is better understood when related to the state.
The Attorney General's Commission and the New Politics of Pornography
Authors: Downs Donald
Published: July 2006

The 1986 Attorney General's Commission on Pornography Report (the 1986 Commission) is an important, yet puzzling, document. It is important because of the significance of the pornography issue, and because the Commission contributes to our understanding of pornography. The Commission is puzzling, however, because its conclusions appear simultaneously reasonable and unreasonable. Despite the condemnations of the press (on grounds of runaway censorship), the final report was actually cautious and restrained in many respects. The Commission limited its recommendations for censorship to what it considered the most degrading forms of pornography, and refused to endorse legal prohibitions that went beyond the scope of the traditional “obscenity” exception to the First Amendment. But the Commission also expressed a strong concern about the harms that pornography might engender. Given the eruption of violent and other questionable forms of pornography in recent years, this concern is hardly unreasonable. Furthermore, recent polls show that a majority of Americans favor restricting violent forms of pornography. In these respects the Commission's efforts appear to embody a committed, yet balanced, approach that considered different values (what Max Weber termed the ethic of responsibility).
The Attorney General's Commission on Pornography: The Gaps Between “Findings” and Facts
Authors: Linz Daniel , Penrod Steven D. , Donnerstein Edward
Published: July 2006

The Attorney General's Commission on Pornography was asked by the president of the United States to “review the available empirical evidence on the relationship between exposure to pornographic materials and antisocial behavior [and to explore] possible roles and initiatives that the Department of Justice and agencies of local, State, and federal government could pursue in controlling, consistent with constitutional guarantees, the production and distribution of pornography” (at 216). The Commission undertook this review during several public meetings held across the country in 1986 and, as a result of the review, concluded that there is a causal relationship between exposure to many forms of pornography and several harmful effects including increased levels of violence against women. The Commission called for stricter enforcement of existing obscenity laws and serious consideration of additional legal measures. These measures include amending the federal obscenity laws to prohibit the transmission of obscene material through the telephone and eliminating the “utterly without redeeming value” clause found in some state obscenity statutes. In all, the Commission made 92 recommendations involving changes in existing federal, state, and local obscenity laws. Without exception, the recommendations for legal changes call for greater restrictions on sexually explicit material and more stringent enforcement of current obscenity law.
Metaphor and Imagination in James Wilson's Theory of Federal Union
Authors: Conrad Stephen A.
Published: July 2006

“Through metaphor, the past has the capacity to imagine us, and we it.” -Cynthia Ozick, in “The Moral Necessity of Metaphor”

American federalism is nothing more-und nothing less-than a metaphor.

This was how lames Wilson, the most prominent lawyer at the Philadelphia Convention, came to approach the novel problem of understanding and conveying what federalism in a modern republic should mean. The Federal Republic created in 1787 was, for Wilson, more than a mutter of ingenious political design, more than a mutter of the “new science of politics,” and more than a mutter of constitutional law or constitutionalism itself-unless the Constitution were seen to “comprehend” the moral purpose and moral promise of the new nation.

To Wilson, this view of the importance of the moral content of republican federalism was entailed by the “knowledge” that he took to be the necessary foundation of the Republic. It was this knowledge of certain fundamental principles- of “moral science,‘I human nature, and the nature of language, and, more generally, of “cultivation” us a political and social process that was also an end in itself-that ultimately justified “the People” us the “sublime” metaphor governing American constitutional theory.

Yet, for all Wilson's faith in figurative “comprehensiveness,” his distinctive approach to securing the New Republic through a federal union of the American People seems to have proved less and less compelling to his contemporaries the more he tried to pursue it as far us his vision of a politics of cultivation directed.
Changes in Lawyers' Earnings: The Impact of Differentiation and Growth in the Canadian Legal Profession
Authors: Stager David A. A. , Foot David K.
Published: July 2006

The relatively greater numbers of young, female, and salaried lawyers are said to have diminished the legal profession's control of the market for its services, and hence of its income and status. This article examines the effects on lawyers' real earnings attributable to the rapid change in size and composition of the legal profession in Canada during the 1970s. An analysis of the components of inter-temporal earnings differences, which takes account of changes in composition and in the remuneration or pay structure, shows that the unprecedented growth in lawyer supply was responsible for most of the decline in lawyers' real earnings. But lawyers who were young, female, salaried, or in government service avoided this negative market effect, while lawyers who were male, self-employed, or outside the major financial centers, bore most of the negative economic impact of the rapid supply growth.
Advokatura: In Search of Professionalism and Pluralism in Moscow and Leningrad
Authors: Burrage Michael
Published: July 2006

This investigation sought to discover whether, and in what respects, Soviet advocates in the wake ofperestroikaare comparable with legal professions in the West. Taped interviews with ten advocates and various other legal specialists in Moscow and Leningrad in the winter of 1988–89 centered on four major professional goals. The responses showed (1) that Soviet advocates felt that their colleges effectively control admission to the bar; (2) that they have little sense of occupational jurisdiction, except in relation to the newly established legal cooperatives; (3) that they behaved like members of a self-governing profession in that bar association chairmen and bureau managers were perceived as colleagues rather than bosses, while party and state intervention control was dismissed as insignificant; (4) although they feel their status has risen dramatically since Gorbachev, it is not clear that this owes much to their collective efforts or that they have developed a corporate ideology to defend their position. Overall, the evidence supports the view that professional aspirations and institutions comparable to those in the West are to be found among Soviet advocates. Whether this might be seen as the reassertion of civil society, and of pluralism, in Soviet society is a much debated but currently unanswerable question. Negative and positive indications on this matter emerged during the research, the latter being rather the more persuasive.
Professionalization as Status Adaptation: The Nobility, the Bureaucracy, and the Modernization of the Legal Profession in Finland
Authors: Konttinen Esa
Published: July 2006

In contrast to Anglo-American lines of professional development, the central agent of professionalization in many Continental countries was the state bureaucracy. However, this article proposes that an understanding of the class structure of traditional society is also needed to explain the privileged position of lawyers. An historical study of lawyers in the 19th century, after Finland was annexed by Russia, demonstrates that the legal profession provided the nobility an important medium of adaptation to the new society. The importance of the legal profession initially to the state bureaucracy, and subsequently to the nobility, explains its social prominence and its future development. An analysis of the position and needs of the prominent classes in the society of Old Regimes may constitute a fruitful viewpoint in the study of early professionalization in the Continental context more generally.
Asking the Right Question
Authors: Munger Frank
Published: July 2006

Marianne Constable's essay, “Genealogy and Jurisprudence,” brings the intellectual history of the law and society field within the framework of Nietzsche's six-stage history of metaphysics. Reorganized within that framework, the work of particular law and society scholars is seen to represent stages of thought about the relationship between the world of appearances described in empirical research and the possibilities for human action. Successive movements among law and society scholars pass, like Nietzsche's history of metaphysics, through stages of “error” (positivism, empiricism, critical legal studies, interpretive studies, constitutive theory), moving closer to complete acceptance of the view that action need not follow either legal rules or empirically described patterns and, thus, can be free.
From Consent to Responsibility, from Pity to Respect: Subtexts in Cases of Sexual Violence Involving Girls and Women with Developmental Disabilities
Authors: Razack Sherene
Published: July 2006

How might feminist law reform serve all women? The author explores this question within the context of sexual violence involving girls and women with developmental disabilities. She presents the difference impasse as a theoretical tool for understanding how women are positioned in law differently and unequally in relation to each other. She explores how, within the consent framework of a rape trail, competing social narratives or subtexts about race, class, gender, and disability circulate in the courtroom. She also explores the issue of pity in rape traiIs and argues that focusing on interlocking systems of domination and on our complicity in maintaining categories of women in law and law reform is a useful approach for feminist law reformers.
Manners of Imagining the real
Authors: Scheppele Kim Lane
Published: July 2006

What counts as evidence? What is accepted as true in court given the evidence admitted? How are subordinated peoples further oppressed in courts because they cannot demonstrate that their experience is fact? Drawing on the confirmation brings for Clarence Thomas as Associate Justice of the Supreme Court and the testimony of Anita Hill in those hearings, the author explores the ways in which representations of sexual violence against women can be seen as not “real.”
Dialogue with Dictators: Judicial Resistance in Argentina and Brazil
Authors: Osiel Mark J.
Published: July 2006

Throughout the world, judges are often asked to implement the repressive measures of authoritarian rulers. Which conception of legal interpretation and judicial role, if any, make judges more likely to resist such pressures? That question, central to Anglo-American jurisprudence since the Hart-Fuller debate, is addressed by examining recent military rule in Argentina and Brazil. In Argentina, judges were sympathetic to military rule and so criticized its “excesses” in the jurisprudential terms favored by the juntas: positivism and legal realism. Brazilian judges, by contrast, were largely unsympathetic to military rule, and so couched their criticism in terms of natural law, in order to raise larger questions and reach a broader public. Empirical study of the cases and conceptual analysis of existing theories both reveal that no view of legal interpretation inherently disposes its adherents to either accept or repudiate repressive law. Contingent political circumstances—the rulers' favored form of legal rhetoric, and the degree to which judges accept the need for a period of extra-constitutional rule—determine which legal theory fosters most resistance. But since most authoritarian rulers nominally affirm their constitutional predecessors' positive law and are often unwilling to codify publicly their most repressive policies, strict literalism usually offers the most congenial idiom for judicial resistance to such regimes.
Empty Ethics and Reasonable Responsibility: Vocabularies of Motive among Law and Business Students
Authors: Schleef Debra
Published: July 2006

Despite professional norms of being socially responsible and providing service to the underprivileged, the attitudes of law students toward ethical duties and public service bear similarities to those of business students. Using data from multiple interviews with law and business school students at one university, I find that these attitudes develop in response to the expectations of peers and professors during school experiences. Ethics courses are marginalized by the schools, and courses focus on such pragmatic issues as the professional code of conduct (law school) or how the appearance of social responsibility affects the bottom line (business school). Provided with little guidance on what they might do when they encounter real ethical dilemmas, students larn vocabularies of motive concerning how lawyers and managers should balance profits, carry out responsibilities to various stakeholders, and weigh ethical concerns, and they then moderate their own expressions of extreme self-interest or self-sacrifice. Both groups learn to maintain social responsibilities only within reason, emphasizing the separation of work from personal convictions. These elements have implications for the performance of public service in their future careers, as well as for a scholarly understanding of professionalism.
Not Ozzie and Harriet: Postwar Divorce and the American Liberal Welfare State
Authors: Caldwell Katherine L.
Published: July 2006

This article analyzes divorce as a technology of governance in twentieth-century America in order to examine the emergence of a rights-based liberal welfare-state regime during the postwar era. The author offers an interpretation of the post–World War II “divorce boom” that challenges prevailing notions of postwar domestic tranquillity and highlights the legal formalization of family relations and the administration of the developing welfare state. The article posits an important shift in postwar public policy regarding divorce from the policing of public morality through family preservation to the regulation of public welfare through family structures. The legal consequences of this shift are explored at the local level by focusing on the “problem” of the Chicago divorce courts and the frustrated attempts of postwar reformers in Illinois to employ the traditional methods and rhetoric of Progressive Era reform. At the national level, the author examines the formulation of new governmental objectives and individual rights in the liberal welfare-state regime through an analysis of the United States Supreme Court's decisions regarding migratory divorce.
Is There Any Backbone in This Fish? Interpretive Communities, Social Criticism, and Transgressive Legal Practice
Authors: Goldsmith Andrew
Published: July 2006

This article examines the social conditions of lawyers' moral agency, through the focus of the work of Stanley Fish. A central concept in Fish's work, and one relevant to understanding the nature of professional groups, is that of interpretive communities. This notion is examined to reveal its sociological as well as philosophical assumptions, and their implications for legal practice. The article takes issue with Fish's stance on the value of theory for practice and challenges the notion of discreteness of interpretive communities inherent in Fish's position. It argues that the resources for criticism within professional groups are more numerous and powerful than Fish allows. Taking two cases studies, it attempts to demonstrate the transgressive nature of some legal practices. In the final section, redefining the law school's community and interdisciplinary scholarship are suggested as devices for escaping Fish's “net.” A critical hermeneutics of legal practice is argued for.