bluuebunny/crossref_metadata_2025 huggingface dataset:
Statistical Tools and Status Symbols
Authors: Elias Merrill F.
Published: July 2006

This paper sets the stage for a series of edited papers which follow. It is argued that obvious statistical blunders (mortal sins) have not dissappeared entirely from the aging literature, but that the most frequent error now is that of choosing a less powerful analytic solution when a more powerful (and equally applicable) one is at hand (a venial sin). Clearly, it is argued, power must be considered in relationship to the theoretical model, the condition of the data set, and the research question. Editors and reviewers, it is argued, must cut through the “glitter” of new fads and the security of tradition in order to objectively consider the merits of new statistical applications. More importantly, without knowledge of the issues, limitations, and advantages of contemporary and emerging analytic techniques, authors cannot make good analytic choices and defend them effectively. The time between presentation of innovative approaches in the quantitative journals and application in the aging literature contributes to traditionalism in data analysis. Overzealousness by advocates of new approaches often contributes to premature embracing of them. Thus the papers that follow were designed to bring new methods to the “working‐researcher” with a frank appraisal of assumptions, proper and improper applications, and limitations. Authors of these papers were challenged to communicate in plain and understandable terms and to provide practical examples.
Oral function in dentate elderly with reduced dentitions
Authors: Van Waas M. A. J. , Meeuwissen J. H. , Meeuwissen R. , Käyser A. F.
Published: July 2006

This study covers the characteristics of reduced dentitions in a population of elderly people. The sample consisted of 329 independently living individuals between 55 and 75 years of age. They all had one or more natural teeth and were all interviewed and investigated clinically. The findings showed that 13% of the subjects had a natural dentition with at least the first molars: 4–7 natural occlusal units (defined as ‘pairs of opposing teeth that support the occlusion’) occurred in 37% of the subjects; 1–4 natural occlusal units in 41% and 0 units in 9% (only anterior contacts). A removable partial denture was worn by 39% of the subjects: most of them were acrylic based dentures (61%). The percentages of restored teeth per subject were high. The need for further restorations, however, was low. Periodontal problems were uncommon: 25% of the subjects had one pocket above 5 mm: 8% had severe problems. Poor oral hygiene was present in a quarter of the cases. Most of the subjects (70%) had no pain or noises in the temporomandibular joint. Only 10% of subjects had more than one sign of craniomandibular dysfunction. Most of the subjects (85%) visit their dentist regularly and 65% had their last tooth extraction more then three years ago. A majority mentioned that they have never had problems with their dentition in the past: 50% had had no real toothache for the last five years. However problems with food‐packing were often mentioned. It can be concluded that, although the dentitions of the elderly in this population are often reduced, their dentitions are in general in good condition and few give TMJ problems.
Epidemiology of root caries
Authors: Galan Douglas , Lynch Edward
Published: July 2006

Many epidemiological studies have been conducted on a variety of populations. Unfortunately, comparison of the prevalence data, and to a lesser degree of the incidence data, between the various studies is of little use due to the lack of standardised diagnostic criteria, reporting methods and population diversity. In the few incidence studies which have been conducted around 30–40% of people developed root caries, although many adults in the population appear to have been affected by root caries. Many risk factors associated with the occurrence of root caries have been identified and these include oral, medical, mental, behavioural and psychosocial conditions.
The prevalence of root surface caries amongst Irish adults
Authors: Whelton H.P. , Holland T.J. , O'Mullane D.M.
Published: July 2006

In a national survey of adult dental health conducted in the Republic of Ireland in 1989/90 a total of 1,527 subjects aged 25 and older were examined for root surface caries. It was found that the prevalence of root surface caries was highest in older age groups and also amongst males, residents of non‐fluoridated communities and those earning low incomes. Tooth loss masked the potential prevalence of root surface caries. With more persons retaining their natural teeth into middle and old age the prevalence of root surface caries is likely to increase in the future.
Relationships between mutans streptococci and perceived treatment need of primary root‐caries lesions.
Authors: Lynch Edward , Beighton David
Published: July 2006

A total of 447 primary root‐caries lesions from 169 dental patients was studied to determine the relationships between mutans streptococci and the perceived treatment need of primary root‐caries lesions. Samples of this altered dentine for microbiological culture were obtained. Lesions were classified into 5 treatment categories; soft and restore, leathery and restore, leathery and debride of caries, leathery and treat chemotherapeutically, and hard, to receive no treatment. The total numbers of mutans streptococci decreased significantly with decreased treatment need. The percentage of mutans streptococci from lesions requiring no treatment was significantly less than from lesions requiring treatment. The frequency of isolation of mutans streptococci was significantly greater from lesions requiring more treatment. Significantly more lesions containing > 102 mutans streptococci were distributed in the groups with a greater perceived treatment need or with larger dimensions occlusogingivally and/or mesio‐distally or bucco‐lingually or with a closer proximity to the gingival margin.
Planning oral health care for the elderly in Israel for the years 2000 and 2025
Authors: O'Hickey S. , Kelman A. M. , Zusman S.P. , Mersel A.
Published: July 2006

The methodology and conclusions of this workshop arc reported here because the problems requiring solution are not unique to Israel. They will increasingly have wide geographical and political application. The population of Israel since its establishment in 1948 has increased about sixfold. The numbers of the elderly (65+) have increased about tenfold. The current situation must be examined and estimates obtained for the next ten years. Only thus can the system be enabled to cope with the problem as it develops. The chosen method was a carefully preplanned, multisectorial workshop. Recommendations were discussed, amended and finalised. The recommendations of the workshop included: Baseline national data is urgently required. Guidelines are required for selecting specific target populations to which priority should be given. The current favourable situation of adequate oral health manpower in Israel makes it possible to encourage providers of oral health care towards treatment for the elderly. It is essential that the appropriate health authorities allocate sufficient funds for the following urgent purposes: the conduct of a national survey of the elderly population; the establishment of oral health units on a trial basis in some selected hospitals; support institutions of higher education to facilitate training in geriatric dentistry. Conclusions. The workshop was multidisciplinary because it was necessary to include all the expertise and experience available as vital elements of the policy making process. This type of workshop was found to be an effective tool for planning oral health services.
Mandible bone resorption as determined from panoramic radiographs in edentulous male individuals aged 25–80 years
Authors: Bairam Latifa R. , Miller William A.
Published: July 2006

Routine panoramic radiographs of 173 healthy edentulous males, aged 25–80 years, were measured for estimated bone loss using the Wical and Swoope (1974) technique. Results using this simple technique were comparable to other studies using more sophisticated methods but did not require exposure to additional radiation. Mean ratios of height of mandible (indicative of mandibular bone loss) decreased both with age of subject and with time after extraction. Efforts should be made to determine the usefulness of such archival radiographic films for a variety of studies.
Oral health status of a population of community‐dwelling older Canadians
Authors: Galan D. , Brecx Michael , Heath M. Robin
Published: July 2006

A sample of 170 responsive residents of seniors housing centres in Winnipeg, Canada, were studied, (>65 years, mean 82 years), with the objectives of relating their dental state lo their perception of need and uptake of service. Only 6% rated their oral health as poor, 46% reported a dental visit within the previous year and 68% felt they needed dental treatment. A lack of perceived need (88%) was the primary reasons why dental care was not sought more frequently. Hygiene practices revealed that only 7% brushed <1 time/day, 60% never flossed, 14% cleaned their dentures <1 time/day, and 42% slept with their dentures. Dental histories showed that examination (94%), prosthodontic treatment (76%), and restorative services (65%) were the most commonly sought treatments. Perceived dental needs included prosthodontic treatment (39%), periodontal/ prophylactic treatment (10%), restorative treatment (9%) and pain relief (9%). Study subjects had 2.8 decayed teeth, a DMST of 25.1, and a Root Caries Index of 38%. CPITN scores of 3 or 4 in at least one sextant were found in 80% of subjects. Of the 41 % edentulous, all wore complete dentures but 15% of complete upper dentures and 51% of complete lower dentures fitted poorly. Of the partial dentures, 20% fitted poorly. Soft tissue anomalies were seen in 67% of subjects and 47% had TMJ anomalies. Overall. 77% of edentulous subjects and all dentate subjects required some dental treatment even though 46% had seen a dentist within the preceding year. It is concluded that appropriate management of such people needs further attention.
Examiner agreement on caries detection and plaque accumulation during dental surveys of elders
Authors: Mojon P. , Favre P. , Chung J. P. , Budtz‐Jörgensen E.
Published: July 2006

Indices used to evaluate plaque accumulation and coronal caries have been widely accepted in epidemiological studies, yet their reliability cannot be guaranteed. The aim of this study was to evaluate the reliability of clinical criteria used in coronal and root caries diagnosis and oral hygiene evaluation as applied in elders. Nineteen elderly subjects, 73 years old on average, were examined at a first appointment by two independent examiners. They were re‐examined two weeks later. Plaque accumulation was evaluated using the Plaque Index (PI) and coronal and root caries were detected according to the WHO criteria and Fejerskov et al (1991), respectively. Recurrent caries was recorded as recommended by WHO and by probing at the interface tooth‐restoration. Inter‐ and intra‐examiner agreement was evaluated using kappa statistics. The PI score showed good reliability except for examiner b, for whom a simplification of the 4‐point scale in 3‐point scale improved significantly the reliability. The prevalence of coronal caries was very low and intra‐ and inter‐examiner agreement was poor. Most of the root caries lesions were covered by plaque and the kappa values indicated only poor agreement. Recurrent caries were found with good agreement using WHO criteria but the detection with the probe was not reliable. In conclusion, it seems that examiners should be trained carefully to maximise their reliability and that plaque should be removed to obtain reliable diagnoses of caries. Retraining and calibration may be necessary for surveys continuing over a long period.
Dental utilisation for older Americans aged 55–75
Authors: Manski Richard J. , Goldfarb Marsha M.
Published: July 2006

Objectives:The purpose of this study was to analyze a comprehensive nationally representative data set to determine the effect of economic and non economic determinants on the decision to seek care and the decision to select a specific number of dental visits. Design:The conduct of this study involved the examination and analyses of secondary data available from the National Health Interview Survey. A two‐pan choice logistic regression model was utilized to first describe the decision to seek care and second to describe factors associated with the decision to select a specific number of dental visits as a function of income, education, family size, age, marital status, presence of teeth, employment status, health status, gender, race, insurance status, and reason for dental visit. Subjects:Data analysis focused on 5.327 non‐institutional older adults between the ages of 55 and 75 who were not eligible for Medicaid. Results:Results provide supporting evidence that income, presence of dental insurance, presence of teeth, gender, family size, education race and age are associated with the decision to seek dental care and that income, presence of dental insurance, gender, family size, education, and race are associated with the number of dental visits among users even when the effects of other variables are controlled for. Discussion: Analyses suggest that employment may have a surprisingly limited effect on dental utilisation and that among explanatory variables there are differences in significance and magnitude between the decision to seek care and the decision to select a specific number of dental visits. In addition, in contrast with some prior studies, health status does not appear to be associated with the decision to seek care or associated with the number of dental visits among respondents.
Measuring psychosocial variables that predict older persons’oral health behaviour
Authors: Kiyak H. Asuman
Published: July 2006

The importance of recognising psychosocial characteristics of older people that influence their oral health behaviours and the potential success of dental procedures is discussed. Three variables and instruments developed and tested by the author and colleagues are presented. A measure of perceived importance of oral health behaviours has been found to be a significant predictor of dental service utilization in three studies. Self‐efficacy regarding oral health has been found to be lower than self‐efficacy regarding general health and medication use among older adults, especially among non‐Western ethnic minorities. The significance of self‐efficacy for predicting changes in caries and periodontal disease is described. Finally, a measure of expectations regarding specific dental procedures has been used with older people undergoing implant therapy. Studies with this instrument reveal that patients have concerns about the procedure far different than those focused on by dental providers. All three instruments can be used in clinical practice as a means of understanding patients’values, perceived oral health abilities, and expectations from dental care. These instruments can enhance dentist‐patient rapport and improve the chances of successful dental outcomes for older patients.
Legal Service Plans: A Typology
Authors: Pfennigstorf Werner , Kimball Spencer L.
Published: July 2006

Serious questions have been raised of late both within and outside the legal profession about the adequacy of the bar's organization for the delivery of legal services. It is thought that business enterprises and affluent individuals get the service they need-although perhaps at excessive cost and with less than optimal efficiency-but that most of the population are underserved and have serious difficulty in finding legal assistance at all or at an affordable cost.
Medical Malpractice: An Economist's View
Authors: Reder M. W.
Published: July 2006

The sharp increase that occurred in 1975 in premiums charged doctors and hospitals for medical malpractice insurance raises a number of issues of concern to economists. This paper attempts to survey some of the more important. At first glance the various sections may appear unrelated to each other and without a unifying theme. However, this disunity is superficial. Sections III-V, the bulk of the paper, are repeated applications of a central proposition of economic theory: purposive behavior is to be explained as the rational pursuit of a set of competing objectives by individuals who are constrained by limited resources and must therefore allocate these resources among alternative uses. This proposition is used in section 111 to explain differences in malpractice claim payments among states and changes over time; in section IV, to analyze the effect of different legal arrangements for distributing the cost of iatrogenic injuries on the behavior of patients and doctors; in section V, to show the effect of different methods of compensating lawyers upon their fees and the volume of litigation they undertake; and in section VI, to consider the unresolved question of “who bears the cost of malpractice claim settlements?” As will be seen, the nature of the argument reflects an economist's outlook; its viewpoint is different from that of doctors, lawyers, or “concerned citizens.”
Diversity, Representation, and Leadership in an Urban Bar: A First Report on a Survey of the Chicago Bar
Authors: Heinz John P. , Laumann Edward O. , Cappell Charles L. , Halliday Terence C. , Schaalman Michael H.
Published: July 2006

This research originated from a request that the American Bar Foundation provide information to the Chicago Bar Association's Committee on the Development of the Law in its study of the Association's “role and purpose.” The resulting research by the Foundation is much broader than that originally contemplated in our early conversations with the Committee, and it now constitutes a major study of the Chicago legal profession and its relation to the organizations that represent it A significant part of the study, however, has been addressed to the CBA's concerns, and this article was originally prepared as a report to the Committee. It is being published because we believe that its findings and analyses will be of wider interest. The form of the article remains that of the report to the Committee, though it has been revised for publication.
The Rationale of the Rule That Forbids a Lawyer To Be Advocate and Witness in the Same Case
Authors: Enker Arnold N.
Published: July 2006

A long accepted canon of professional ethics forbids a lawyer to appear in a particular matter in the dual role of advocate and witness for his client. As Disciplinary Rule 5-101(B) of the American Bar Association's Code of Professional Responsibility states:

A lawyer shall not accept employment in contemplated or pending litigation if he knows or it is obvious that he or a lawyer in his firm ought to be called as a witness….
The Standardization of Lawyers’ Services
Authors: Engel David M.
Published: July 2006

Recent Supreme Court decisions dealing with advertising by lawyers have focused new attention on the question whether lawyers perform services that are standardized or susceptible of standardization. The author examines the concept of standardization as applied to lawyers’ services and suggests five indicators that might reveal the extent to which such services are or could become standardized. He also discusses bow advertising could accelerate the standardization of lawyers’ services and briefly raises questions about what this will mean to lawyers and the public.
Young Lawyers and Work in the Public Interest
Authors: Erlanger Howard S.
Published: July 2006

Much of the discussion of the bar's “public interest” effort has centered on the apparent unwillingness of lawyers, including young lawyers, to pursue public interest rather than traditional careers. To the extent that it is agreed that public interest work should be increased, the problem has been viewed as one of supply of lawyers rather than one of demand for their services. In this paper, just the opposite is argued; a variety of evidence is brought forth to suggest that the current public interest effort is limited mainly by the number of jobs available in that sector. In this light, various methods of increasing the funding of the public interest sector, and hence the number of jobs, are reviewed.
The Federal Regulatory Role in Coastal Land Management
Authors: Finnell Gilbert L.
Published: July 2006

Historically, the federal government has had a major role in regulation of coastal activities, restricted until recently, however, primarily to regulation of activities affecting navigable water bodies. On the sea coast, regulation of areas landward of such jurisdictional boundaries as “mean high tide line” was generally left to the states or their delegates.
Advertising and the Price and Quality of Legal Services: The Case for Legal Clinics
Authors: Muris Timothy J. , McChesney Fred S.
Published: July 2006

Because the holding in Bates v. State Bar of Arizona is narrow and because some lawyers remain opposed to advertising, the dispute over lawyer advertising continues. Many who favor restricting advertising contend that it will not benefit consumers. They argue that prices must either rise to cover the cost of advertising or, if prices do fall, that quality must also drop.

This article addresses itself to both charges. The first section is theoretical, demonstrating how advertising could lower the costs of producing legal services. Advertising increases the volume of services a lawyer can expect to sell. Greater volume, in turn, allows greater specialization in production, more effective use of systems management, and the substitution of paralegals and capital for lawyer inputs. The authors argue that each of these changes will lower costs, thereby lowering prices without necessarily reducing quality. The second section is empirical, comparing the prices and particularly the quality of services produced by a heavy advertiser, the Legal Clinic of Jacoby & Meyers, and the traditional firms in the Los Angeles market with which the clinic competes. Quality is defined both subjectively and objectively, and original data are presented indicating that the quality of service that the clinic supplies is at least equivalent, and on some measures better, than the quality of service that traditional firms provide.
Working for Corporate Actors: Social Change and Elite Attorneys in Chicago
Authors: Slovak Jeffrey S.
Published: July 2006

Elite attorneys have been the objects of social scientific study and speculation for many years. This article contributes to that body of thought by reporting some of the results of a research project that studied 59 members of Chicago's corporate actor legal elite-the lawyers who serve the city's major business, social, civic, political, and cultural organizations.

The article briefly defines the elite studied and the design of the overall re-search project. It then focuses on the working situations of these lawyers and the professional roles they play for their respective corporate actors. A division of legal labor that is discovered to separate house counsel from law firm partners among the elite is analyzed in some depth.

Since the professional roles of these elite attorneys differ from those de-scribed by other social scientists earlier, the article concludes by offering a theory to explain this apparent social change. By tapping recent discussions of the coming of postliberal society, it suggests that corporate actors engineer this new division of legal labor for their attorneys in response to the complex new legal problems posed by institutional changes in the larger society.
The Human Subjects Protection Committee: An Experiment in Decentralized Federal Regulation
Authors: DuVal Benjamin S.
Published: July 2006

The human subjects protection committee is the principal legal mechanism for protecting the rights and welfare of human subjects of biomedical and behavioral research. In this article the author explores the influence of variations in the structure of the review process and in the composition and operating procedures of the committees on committee performance. He also assesses revisions in the review process proposed by the National Commission on the Protection of Subjects of Biomedical and Behavioral Research.
Views from the Front lines: Observations by Chicago Lawyers About the System of Civil Discovery
Authors: Brazil Wayne D.
Published: July 2006

This is the first in a series of articles that will report the results of a pilot effort to assess how well the system of civil discovery is working and to identify the principal problems which burden that system. The study revolves around interviews with 180 Chicago area litigators. This first essay, which synthesizes observations, insights, and complaints by interviewed attorneys, suggests that the world of civil discovery is not one monolithic whole, but consists of subworlds which exhibit clearly distinguishable features and problems. In addition to describing the principal problems which afflict the discovery system in its two major subworlds, the author reports what the interviewed lawyers suggest are the primary causes of those problems. While the litigators identify many ways in which the character of lawyering encumbers and disrupts the discovery process, they also locate much of the blame for the system's problems in the behavior of judges and the inefficiency of the judicial machinery. The interviews produced a dramatically widespread appeal to the courts to increase use of sanctions as a means of restraining discovery abuse.
Types and Causes of Lawyers' Professional Liability Claims: The Search for Facts
Authors: Pfennigstorf Werner
Published: July 2006

Lawyers have become concerned about the rising numbers and the rising amounts of professional liability claims, which have in turn driven up liability insurance premiums and temporarily even caused an alarming contraction in the supply of insurance coverage. This article examines the state of factual information that could be used to measure and explain the development. It goes on to discuss the potential role that increased knowledge of the types and causes of professional liability claims could play in efforts to reverse the development, followed by a discussion of the difficulties of obtaining usable data from the two principal potential sources—lawyers and their insurers. The second half of the article describes and evaluates the work of the American Bar Association's Special Committee on Lawyers' Professional Liability in developing, in cooperation with the major insurers, a comprehensive data collection and reporting system for lawyers' professional liability claims.
Client Perjury: The Kutak Commission and the Association of Trial Lawyers on Lawyers, Lying Clients, and the Adversary System
Authors: Wolfram Charles W.
Published: July 2006

Attorney involvement in client perjury is a restive issue that does not admit of easy resolution. Many other issues are addressed by the Kutak Commission in its proposed revision of the American Bar Association's recommended rules of attorney conduct. But few have raised such a spirited professional and public debate as the Commission's broad proposal for required disclosure of client dishonesty. Whistle blowing by counsel is mandated in some instances, permitted in the attorney's discretion in others. Counsel for parties in negotiation are carefully circumscribed in presenting misleading information to others. And the lawyer whose client commits known perjury on the witness stand is under an explicit obligation to correct the perjury. All of these rules are part of the Commission's thematic development of a broad social dimension to the lawyer's work—a dimension that, in the Commission's view, requires more explicit recognition of the lawyer's obligations to third parties and to social institutions such as the courts to assist them in their work. The range of issues presented is very extensive, and the present review will deal only with the client perjury problem.
Middlemen of the Law: An Ethnographic Inquiry into the English Legal Profession
Authors: Flood John
Published: July 2006

The accomplishments of empirical research are often presented in a context that fails to show the process by which the results came about. This article examines the problems, hitches, and struggles encountered in a research project carried out on the English bar. And emphasis is given to the difficulty of tackling hitherto unexplored occupations that have had a long history of resisting research.
Legal Aid in Mental Hospitals
Authors: Brakel Samuel Jan
Published: July 2006

This report on the experience of five in-hospital legal aid projects and one community-based project for the deinstitutionalized examines the workloads of the lawyers and paralegals who labor in this setting and the various approaches and predispositions they bring to the job or learn while they are at it. The caseloads as well as interviews and observations reveal enormous differences in approach from project to project. The work of some lawyers and their aides confirms the utility and importance of making legal aid directly available to patients on the hospital grounds. But the experience of a couple of other projects warns that certain styles of lawyering can be counterproductive and damaging. In general, lawyers in the mental hospital setting must avoid the legalistic and overly adversarial approach to the problems that are brought to them—many of which are of uncertain legal content, credibility, or psychological makeup. Lawyers must also be careful not to have their own legal priorities get in the way of the best interests of their patient-clients or even those of the hospital as a total institution. The best approach to lawyering in the institutional setting is one that softens the “traditional” legal and adversarial aspects in favor of a more mediatory stance in which fact finding, counseling, and the resolution of issues by compromise are dominant functions. And significant legal attention should be devoted to each of the major categories of problems faced by patients—commitment-discharge, institutional, and civil—if the institutional lawyer's credibility and effectiveness are to be maintained both with the patients and the staffs in charge of their treatment and custody.
Privacy, Efficiency, and the Equality of Men and Women: A Revisionist View of Sex Discrimination in Employment
Authors: Freed Mayer G. , Polsby Daniel D.
Published: July 2006

The Supreme Court's decision inCity of Los Angeles Department of Water and Power v. Manharthas engendered a considerable debate, much of which has appeared in the pages of thisJournal. Defenders of theManhartdecision take its critics to task for failure to appreciate the place of that decision in the overall jurisprudence of employment discrimination. In this article, the authors challenge the underlying conception of the law of sex discrimination that is said to dictate the result inManhart. Far from erecting a per se rule against all sex classifications, the Civil Rights Act of 1964 is shown to recognize both the relevance of prevalent social norms about sex differences and the legitimacy of certain interests of employers as limited justifications for the maintenance of sex-conscious lines in some circumstances, a recognition that contrasts sharply with the statute's categorical prohibition on racial classifications. It follows from this discussion thatManhart'soutcome was not ordained by the ethos of the laws against sex discrimination.
Suing Media for Libel: A Litigation Study
Authors: Franklin Marc A.
Published: July 2006

This article summarizes the results of a study of 291 reported cases brought against media for libel during a four-year period. The results confirmed the finding in an earlier study that only 5 percent of plaintiffs emerged from the appellate process with judgments compared with more than 60 percent of defendants. Most of the defense successes occurred without trial. In cases that did reach trial, plaintiffs were successful far more often before juries than before judges but lost more than half these judgments on appeal. Cases were analyzed in terms of the identity of the parties, the content of the charges, and the role of state and federal law in shaping the outcome. Despite the recent attention to federal constitutional protections, it is clear that media defendants still do, and must, rely heavily on state law defenses. Finally, the Hutchinson and Wolston rulings of 1979 produced little change in appellate decisions.
Private Justice: California's General Reference Procedure
Authors: Christensen Barlow F.
Published: July 2006

Under a California procedure, parties to litigation may agree to have their cases referred to retired judges for private trial. While the procedure affords substantial benefits in some kinds of cases, it does involve problems that will probably limit its more general use.
Affirmed: A Study of Criminal Appeals and Decision-Making Norms in a California Court of Appeal
Authors: Davies Thomas Y.
Published: July 2006

The work of state intermediate appellate courts is often described as “correcting legal errors” and “supervising” trial courts. But what do these labels mean in practice? This article explores the intermediate appellate process through a study of criminal appeals in a California Court of Appeal. Part I describes the characteristics and dispositions of criminal appeals. Contrary to popular impression, a conviction was reversed in only about 5 percent of these appeals. To explain the low reversal rate, part II draws upon interviews with justices of the Court of Appeal to examine the institutional norms and perspectives guiding the court's decisions. The basic decision norms described by the justices are norms of affirmance: for example, the harmless error rule and the substantial evidence rule incline the court to affirm despite certain legal errors or factual questions. Moreover, the particularistic approach the court typically takes in its decision making apparently sensitizes it to the substantive characteristics prevailing in criminal appeals: the crimes are serious and there is little doubt about factual guilt. The low reversal rate and the analysis of the court's norms suggest that intermediate appellate review of criminal convictions is narrower and more constrained than the “error correction” and “supervision” labels imply. Part III explores the implications of the case study for appellate policy.
Professional Projects of Elite Chicago Lawyers, 1950–1974
Authors: Cappell Charles L. , Halliday Terence C.
Published: July 2006

This article reports results of an inquiry into the composition and policies of the leaders of the Chicago Bar Association. The leadership cadre was partitioned into three status groups on the basis of background characteristics and law school attended. Outside educational elites, dominating the board during the early 1950s, pursued policies that defended prestigious areas of legal work from other encroaching professionals and sought to constrain the plaintiff side of the personal injury bar. Local ethnic elites obtained a share of the leadership during the mid-1960s and transformed the judicial politics of the CBA to conform to local Democratic party objectives. At the center of the leadership cadre was a group of local aristocrats, well connected to major corporate and civic organizations, whose participation in the leadership roles fluctuated less dramatically than that of the other groups. A review of policies suggests that the local aristocrats were responsible to some extent for integrating the various specialized projects pursued by disparate segments of the Chicago bar. Detailed examination of the composition and policies of this local bar leads to the conclusion that associations of the legal profession are capable of accommodating diverse interests to an extent not previously measured or assessed.
How Planned Is “Planned Litigation”?
Authors: Wasby Stephen L.
Published: July 2006

Civil rights litigation undertaken by lawyers associated with interest groups, particularly the NAACP and the NAACP Legal Defense and Educational Fund (LDF), is of ten described as planned” litigation. This article examines litigation by these organizations from the late 1960s through the early 1980s to explore the extent to which “planned litigation” is planned. The author interviewed both staff attorneys for organizations participating in race relations litigation and “cooperating attorneys” associated with such organizations.

Elements of planned litigation discussed are litigating organizations’ choices—of areas of law on which to focus, of cases, of federal or state courts, and of amicus curiae participation—and the dynamics of litigation—including relations between staff and cooperating attorneys, litigators’ control of cases, and the effect of Supreme Court decisions on litigation strategy.

The interviews reveal that much interest-group civil rights litigation is not selected deductively on the basis of previously developed criteria but instead develops inductively from cases that come to the organizations and is affected by pressure and circumstance. Counter to the view, stemming from Brown v. Board of Education, that civil rights litigation is undertaken as planned “campaigns” based on “blueprints,” it appears that much about “planned” litigation is problematic, with many constraints imposed by the actions of others and by resource problems, with the result that many deviations from litigation strategy occur. Thus much “planned” litigation is responsive and reflexive and beyond litigators’ control.
The Dimensions of Lawyer-Client Relations: Notes Toward a Theory and a Field Study
Authors: Kritzer Herbert M.
Published: July 2006

Recent research on lawyer-client relations has called into question the traditional image of the lawyer as the autonomous professional. This research note reviews this research and proposes a three-dimensional framework for interpreting lawyer-client relationships. The utility of the framework is illustrated using data collected through interviews with corporate lawyers and their clients in Toronto.
Comparative Sociology of Legal Professions: An Exploratory Essay
Authors: Abel Richard L.
Published: July 2006

The author surveys and compares the legal professions of 15 nations, including both civil law and common law countries. The essay is organized around the ways that legal professionals control their markets—first by controlling “production of producers” or who and how many enter the profession (with formal education or apprenticeship requirements, examinations, access to entry-level positions). Legal professionals also control “production by producers”—both external competitors and lawyers themselves. This occurs, for example, through definition and defense of the professional monopoly, control of competition between licensed professionals, and creation of demand. The discussion takes place against the background of the legal profession's recent history—assessing changes in its composition (by race, age, gender), in lawyers’ practice settings, in the categories of work they perform, and in the income and status associated with these categories and with the profession in general.
Examining Local Legal Culture
Authors: Church Thomas W.
Published: July 2006

This study examines the contours of local legal culture in four criminal trial courts. Local legal culture is conceptualized as common practitioner norms governing case handling and participant behavior in a court. A questionnaire consisting of descriptions of 12 hypothetical cases, together with questions regarding the appropriate mode of disposition, disposition speed, and sentence, was completed by judges, defense attorneys, and prosecutors in each of the courts. Responses on these questions are compared across courts and various types of practitioners. The responses are also compared with analogous data on actual case dispositions in each of the courts.

The major substantive conclusion of the research is that the existence of local legal culture—if defined as attitudinal agreement on proper disposition of criminal cases—is most apparent on issues of a procedural nature: disposition time and the necessity of a trial to resolve issues in the case. On these procedural dimensions there is general agreement among the lawyers and judges practicing in a court; furthermore, the contours of this agreement tend to differ across courts and to be related to actual practices (as illustrated by the samples of closed cases). On issues relating more to the substance of the cases—the appropriateness of plea concessions and the proper sentence—much more intracourt disagreement emerges. This disagreement is consistent with traditional notions of the roles of opposing counsel in an adversary setting, suggesting that at least attitudinal adversariness is present in the courts examined.
Custody Investigations in Divorce Cases
Authors: Levy Robert J.
Published: July 2006

Custody investigations by social workers of the home circumstances of children soon to be the subject of a custody order in a divorce case usually provide psychological and socioeconomic data about the family and other adults interested in the children's welfare. Reports of such investigations are used by judges in arriving at decisions about custody. The author's research has led him to conclude, however, that such institutionalized custody investigations can be defended only if they help spouses to resolve disputes that otherwise would be tried. Further, he suggests that safeguards be instituted to protect spouses from inaccurate and biased reporting.
“There are few subjects in political economy of greater difficulty”: The Poor Laws of the Antebellum South
Authors: Ely James W.
Published: July 2006

This article examines the administration of the poor laws in six southern states from 1800 to 1860. Although southerners were influenced to some degree by developments in northeastern communities, the unique features of antebellum southern life caused poor relief to assume a distinct character. Poverty was simply not perceived as a major concern in the South. Consequently, southerners were less inclined to stigmatize paupers, or to adopt a systematic policy of institutionalizing dependents. They relied heavily on such traditional practices as outrelief and apprenticeship. This approach harmonized with the southern preference for a legal system which encouraged informal solution of social problems at the local level.
Caste, Class, and Counsel for the Poor
Authors: Katz Jack
Published: July 2006

In modern society, poverty has been defined not only by quantitative measures of well-being but as a morally distinct category. In turn, the moral status of poverty has frequently been associated with primordial characteristics of race, ethnicity, national origin, or religion. In these moral and ascriptive respects, the social structure of poverty has been related systematically to the thrust of civil legal assistance on behalf of the poor.

Cyclically over the past century in the industrialized West, the poor have been organized into a social status with castelike features. In alternating historical periods, not only have the poor been culturally differentiated as an inherently different status group, their qualitative distinction has been institutionally constructed by practices of segregation legally sanctioned by the state. By noting the historically fluctuating phases in the construction of a modern caste of the poor, we may better understand the sociological significance of providing counseling to the poor on their civil legal problems. Modern law quite generally and civil legal assistance to the poor in some narrow but notable ways have significantly promoted the structuring of poverty into caste forms. And the caste status of poverty has shaped the role of lawyers for the poor in several important respects.
Civil Wrongs: Personal Injury Law in the Late 19th Century
Authors: Friedman Lawrence M.
Published: July 2006

This is a report of data drawn from a study of personal injury actions in the Superior Court of Alameda County, California, and in the federal district court for Northern California, for the period 1880–1900. Tort actions, in this period, were relatively uncommon compared to the number of accidents. The most frequent type of action was against common carriers—railroads and street railways. Malpractice actions were rare. Most fired cases were settled or dropped out before full trial and jury verdict. Though plaintiffs won damages in most jury cases, the overall finding is that the system provided little compensation for most victims of accidents. Tort law and practice disfavored passengers less than employees or “trespassers.” Three types of barrier blocked the path to compensation: legal doctrines which made recovery difficult; an accident-compensation system which, especially for workers, discouraged enforcement of claims; and the legal culture, which was a culture of low expectations.
The Feminist-Conservative Anti-Pornography Alliance and the 1986 Attorney General's Commission on Pornography Report
Authors: West Robin
Published: July 2006

Pornography is notoriously hard to define, yet like the Supreme Court all of us think we know it when we see it. Even if we cannot define pornography, we can say if something is or is not pornographic. How do we do this? More precisely, what is it that we think we know, when we think that something is or is not pornographic? We make these experiential determinations by reference to what I call our “traditional conception” of pornography. This conception is not based on definitions of pornography, for we have none. Rather, the traditional conception consists of broadly stated and widely believed inductive generalizations, which are in turn based on a multitude of common and shared experiences with pornographic materials. Recently—in the last ten years or so—that traditional conception of pornography has begun to change. But it is changing slowly. It still dominates our sense of what is and is not pornographic and our arguments about the value of pornography.
Professionalism as Bar Politics: The Making of the Model Rules of Professional Conduct
Authors: Schneyer Ted
Published: July 2006

Based on extensive archival research, this article offers a political account of the six-year process in which the ABA developed its latest ethics code for lawyers, the Model Rules of Professional Conduct. The article casts doubt on the validity of several functionalist and critical theories about the provenance and significance of professional ethics codes generally and the ABA's codes in particular. It evaluates the Model Rules process as an instance of de facto law making by a private group. And it identifies a lawyer's “professionalism-in-fact”—a set of common themes in the way lawyers currently think about the field of legal ethics. At the same time, however, the article stresses the ethical pluralism and structural differentiation of today's legal profession and roots the ethical preoccupations of various types of lawyers in the circumstances of their particular practices.
Exploring a Research Agenda of the Feminization of the Legal Profession: Theories of Gender and Social Change
Authors: Menkel-Meadow Carrie
Published: July 2006

This essay suggests that recent work in feminist theory should reorient the questions that are asked about the role of gender in the legal profession. Some use gender as a category of analysis to explore differences that reinforce conventional gendered stereotypes, such as the conceptualization of work and family in lawyering as a “women's issue.” Others use conventional sociology of the professions analysis, such as stratification, to measure women's “success” and “satisfaction” in the context of the traditional law firm. By focusing on some recent historical and sociological research on women in the legal and medical professions, the author illustrates how we might ask different questions, not to reify gender differences but to more fully examine the role that gender difference, as socially constructed, might play in the transformation of law practice.