128 resultados para Attorneys


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July 10, 1936 was an extremely warm day in central Missouri when Lloyd Gaines, accompanied by his attorneys, arrived at the Boone County Courthouse in Columbia, Missouri to begin deliberations in the historic Gaines v Canada case.

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Gaines’ legal team, led by Houston, had faith in the justice system of the United States and anticipated getting a fair trial at the federal level. So far, all decisions had occurred in Missouri, a state with a segregated system.The fact that Gaines v Canada had reached the Supreme Court was promising indeed. It was rare that any case involving African-Americans would be considered by the highest court in the land. President Franklin D. Roosevelt had been appointing Justices that were more willing to consider cases concerned with civil rights. On November 9, 1938, the Supreme Court of the United States heard arguments in the Gaines v Canada case. The defense was unmoved by the rude treatment and made their presentation with professionalism and aplomb. Houston’s argument remained steadfast; not only was the state of Missouri’s statute concerning out-of-state tuition for blacks in violation of the 14th Amendment, but the very idea of segregation itself violated the Constitution. William Hogsett, the attorney for the University of Missouri, countered that the school was merely following state laws. The MU legal team was flustered as questions from the bench forced them to correct overstatements regarding Missouri’s “generosity to Negro students”. With crossed fingers and high hopes, the Gaines legal team rested their case and awaited the verdict. Meanwhile, Lloyd Gaines was still in Michigan. Lloyd held a W.P.A. job as a Civil Service Clerk and was in constant contact with his family and attorneys. His mood in his correspondence was hopeful and positive.

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Charles Hamilton Houston and other NAACP attorneys assembled in early October 1939 to take depositions in preparation for the hearing scheduled a week later in Columbia to determine whether the university had complied with the Gaines decision. Attorneys took depositions from all of the instructors of the new LU law school as their preparation for the court proceedings wound down. The deposition of Lloyd Gaines was next. Attorneys planned to ask Gaines whether he considered Lincoln to be as good of a law school as Missouri and whether he planned to enroll. Called for questioning, Gaines did not respond. He could not be located anywhere. Lloyd’s mother, Callie Gaines, recalled that in January her son “left here to go to Kansas City to make a speech. That’s the last I saw of him.” While in Kansas City, Gaines spoke at the Centennial Methodist Church. He also looked for work, but not finding any caught a train for Chicago, telling people in Kansas City that he would stay a few days and return home.

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A questionnaire was mailed to 148 publicly and privately supported academic health sciences libraries affiliated with Association of American Medical Colleges (AAMC)–accredited medical schools in the United States and Canada to determine level of access and services provided to the general public. For purposes of this study, “general public” was defined as nonaffiliated students or health care professionals, attorneys and other nonhealth-related professionals, patients from affiliated or other hospitals or clinics, and general consumers. One hundred five (71%) libraries responded. Results showed 98% of publicly supported libraries and 88% of privately supported libraries provided access to some or all of the general public. Publicly supported libraries saw greater numbers of public patrons, often provided more services, and were more likely to circulate materials from their collections than were privately supported libraries. A significant number of academic health sciences libraries housed a collection of consumer-oriented materials and many provided some level of document delivery service, usually for a fee. Most allowed the public to use some or all library computers. Results of this study indicated that academic health sciences libraries played a significant role in serving the information-seeking public and suggested a need to develop written policies or guidelines covering the services that will be provided to minimize the impact of this service on primary clientele.

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This Article advances a new capital framework for understanding the bargain between large law firms and their lawyers, depicting BigLaw relationships not as basic labor-salary exchanges but rather as complex transactions in which large law firms and their lawyers exchange labor and various forms of capital — social, cultural, and identity. First, it builds on the work of Pierre Bourdieu regarding economic, cultural, symbolic, and social capital by examining the concepts of positive and negative capital, exploring the meaning of capital ownership by entities, and developing the notion of identity capital — the value individuals and institutions derive from their identities. Then, the Article advances a capital theory of BigLaw, in which large law firms and their lawyers engage in complex transactions trading labor, social, cultural, and identity capital for economic, social, cultural, and identity capital. Capital analysis sheds new light on the well-documented and troubling underrepresentation of diverse lawyers at BigLaw. It shows that the underrepresentation of women and minority lawyers is not solely the result of exogenous forces outside the control of large law firms such as implicit bias, but rather the outcome of the very exchanges in which BigLaw and its lawyers engage. Specifically, large law firms take into account the capital endowments of their lawyers in making hiring, retention and promotion decisions, and derive value from their lawyers’ capital, for example, by trading on the identity of women and minority lawyers in marketing themselves as being diverse and inclusive to clients and potential recruits. Yet, while BigLaw trades for the identity capital of women and minority lawyers, it fails to offer them opportunities in return to acquire the social and cultural capital necessary for attaining positions of power, resulting in underrepresentation. Moreover, these labor-capital exchanges are often implicit and made by uninformed participants, and therefore unjust. Exactly because the capital framework describes the underrepresentation of diverse lawyers at BigLaw as an endogenous outcome within the control of BigLaw and its lawyers, however, it is a cautiously optimistic model that offers hope for greater representation of diverse lawyers in positions of power and influence. The Article suggests policies and procedures BigLaw can and should adopt to improve the quality of the exchanges it offers to women and minority attorneys and to reduce the underrepresentation of diverse lawyers within its ranks. Employing the concepts of capital transparency, capital boundary, and capital infrastructure, it demonstrates how BigLaw can (1) explicitly recognize the roles social, cultural, and identity capital play in its hiring, retention and promotion apparatuses and (2) revise its policies and procedures to ensure that all of its lawyers have equal opportunities to develop the requisite capital and compete on equal and fair terms for positions of power and influence.

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The Delaware legislature has taken steps towards the adoption of amendments to the Delaware General Corporation Law (DGCL) that would prohibit fee shifting provisions in the articles and bylaws. The language in the legislative proposal, however, addresses fee shifting provisions only in the context of "internal corporate claims." Some have raised concerns that this language would allow for fee shifting provisions that applied to other types of actions, including at least some cases brought under the securities laws. This piece suggests that in fact the Delaware General Corporation Law already prohibits the adoption of bylaws and certificate provisions that apply to causes of action unrelated to internal corporate claims. As a result, there was no reason for the Delaware legislature to expressly bar fee shifting provisions in these types of actions.

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The rise and growth of large Jewish law firms in New York City during the second half of the twentieth century was nothing short of an astounding success story. As late as 1950, there was not a single large Jewish law firm in town. By the mid-1960s, six of the largest twenty law firms were Jewish, and by 1980, four of the largest ten prestigious law firms were Jewish firms. Moreover, the accomplishment of the Jewish firms is especially striking because, while the traditional large White Anglo-Saxon Protestant law firms grew at a fast rate during this period, the Jewish firms grew twice as fast, and they did so in spite of experiencing explicit discrimination. What happened? This book chapter is a revised, updated study of the rise and growth of large New York City Jewish law firms. It is based on the public record, with respect to both the law firms themselves and trends in the legal profession generally, and on over twenty in-depth interviews with lawyers who either founded and practiced at these successful Jewish firms, attempted and failed to establish such firms, or were in a position to join these firms but decided instead to join WASP firms. According to the informants interviewed in this chapter, while Jewish law firms benefited from general decline in anti-Semitism and increased demand for corporate legal services, a unique combination of factors explains the incredible rise of the Jewish firms. First, white-shoe ethos caused large WASP firms to stay out of undignified practice areas and effectively created pockets of Jewish practice areas, where the Jewish firms encountered little competition for their services. Second, hiring and promotion discriminatory practices by the large WASP firms helped create a large pool of talented Jewish lawyers from which the Jewish firms could easily recruit. Finally, the Jewish firms benefited from a flip side of bias phenomenon, that is, they benefited from the positive consequences of stereotyping. Paradoxically, the very success of the Jewish firms is reflected in their demise by the early twenty-first century: because systematic large law firm ethno-religious discrimination against Jewish lawyers has become a thing of the past, the very reason for the existence of Jewish law firms has been nullified. As other minority groups, however, continue to struggle for equality within the senior ranks of Big Law, can the experience of the Jewish firms serve as a “separate-but-equal” blueprint for overcoming contemporary forms of discrimination for women, racial, and other minority attorneys? Perhaps not. As this chapter establishes, the success of large Jewish law firms was the result of unique conditions and circumstances between 1945 and 1980, which are unlikely to be replicated. For example, large law firms have become hyper-competitive and are not likely to allow any newcomers the benefit of protected pockets of practice. While smaller “separate-but-equal” specialized firms, for instance, ones exclusively hiring lawyer-mothers occasionally appear, the rise of large “separate-but-equal” firms is improbable.

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The current study evaluated the State Juvenile Diversion Program, managed by the District Attorney’s (DA) office in Denver Colorado. The purpose of this study was to review factors, which potentially contribute to success or failure in diversion. Research in diversion programing typically focuses on recidivism rates, but fails to examine which factors contribute to program completion. The analysis was conducted using data from 57 juveniles who entered the DA diversion program in 2015. This represents the majority of juveniles in the diversion program rather than a sample. The current study confirmed prior research findings that those juveniles who do not successfully complete a diversion program are more likely to reoffend. Additionally, the factors which were significantly correlated with successful completion of the diversion program were grade point average (GPA) and number of municipal tickets. The number of behavior reports in school before and after the Diversion program was significantly lower for both groups. Non-significant findings are also discussed as they may help guide future research.

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Contains "court minutes" of the New York Supreme Court and Circuit Court, in short entries by an unknown judge, identifying cases, attorneys, plaintiffs and defendants, and the actions taken.

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Legal document from Commonwealth of Massachusetts relating to the case between John Dorr and Paschal P. Pope; it empowers Tudor to take the depositions of Eliphalet Smith and Henry D. Tracy, and includes questions by the attorneys for each, Charles Loring (Pope, defendant) and Bradford Summers (Dorr, plaintiff).

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From the Introduction. It is not frequent for a National Regulation Authority (NRA) to bring an action against the Commission decision and, cynically speaking, case Prezes Urzędu Komunikacji Elektronicznej2 v Commission3 shows that the avoidance of a sweeping retaliation may be one of the reasons for it. The General Court followed the Commission‟s argument that, notwithstanding the peculiarities of the employment conditions of the Polish Regulator‟s legal counsel giving it virtually full independence, as well as the fact that the Polish law itself does not differentiate between in-house counsel and third party attorneys, the claim should be rejected on the grounds of inadmissibility. The GC based its judgment on Art 19 of the Statute of the Court of Justice4, which requires that, with the exception of the Member States' Governments and the EU Institutions, parties to the dispute must be represented by a lawyer. In so doing, the Court explicitly referred to the infamous Akzo Nobel Chemicals and Akcros Chemicals v Commission5 and EREF v Commission6. Most importantly, the Court stated that the lawyers representing Prezes Urzędu Komunikacji Elektronicznej (UKE) are bound to enjoy a degree of independence inferior to that of lawyers who are not linked to their clients by an employment contract7.

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Mode of access: Internet.

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Vol.1 includes the annual reports of the Attorney-General to the Governor of Puerto Rico and to the Attorney-General of the United States.

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Includes opinions of the Attorney General.