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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Authoritative coverage focuses on a lawyer's fiduciary responsibility. Text describes the legal profession's self-regulatory system and the professional codes that have emerged. Examines lawyers and the legal profession, including regulation and discipline. Provides a detailed discussion of the client-lawyer relationship. Judges and the quality of justice are also addressed. Provides systematic examination of the issues covered in the 1969 Code of Professional Responsibility and the 1983 Model Rules of Professional Conduct.
Against the backdrop of America's escalating urban rebellions in the 1960s, an unexpected cohort of New York radicals unleashed a series of urban guerrilla actions against the city's racist policies and contempt for the poor. Their dramatic flair, uncompromising socialist vision for a new society, skillful ability to link local problems to international crises, and uncompromising vision for a new society riveted the media, alarmed New York's political class, and challenged nationwide perceptions of civil rights and black power protest. The group called itself the Young Lords. Utilizing oral histories, archival records, and an enormous cache of police surveillance files released only after a decade-long Freedom of Information Law request and subsequent court battle, Johanna Fernandez has written the definitive account of the Young Lords, from their roots as a Chicago street gang to their rise and fall as a political organization in New York. Led by poor and working-class Puerto Rican youth, and consciously fashioned after the Black Panther Party, the Young Lords occupied a hospital, blocked traffic with uncollected garbage, took over a church, tested children for lead poisoning, defended prisoners, fought the military police, and fed breakfast to poor children. Their imaginative, irreverent protests and media conscious tactics won reforms, popularized socialism in the United States and exposed U.S. mainland audiences to the country's quiet imperial project in Puerto Rico. Fernandez challenges what we think we know about the sixties. She shows that movement organizers were concerned with finding solutions to problems as pedestrian as garbage collection and the removal of lead paint from tenement walls; gentrification; lack of access to medical care; childcare for working mothers; and the warehousing of people who could not be employed in deindustrialized cities. The Young Lords' politics and preoccupations, especially those concerning the rise of permanent unemployment foretold the end of the American Dream. In riveting style, Fernandez demonstrates how the Young Lords redefined the character of protest, the color of politics, and the cadence of popular urban culture in the age of great dreams.
"Examines the history, theory, and politics behind the age qualifications for elected federal office in the United States Constitution. Argues that the right to run for office ought to be extended to all adult-age citizens who are otherwise office-eligible"--Provided by publisher.
Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.
2004 marks the fiftieth anniversary of the Supreme Court's unanimous decision to end segregation in public schools. Many people were elated when Supreme Court Chief Justice Earl Warren delivered Brown v. Board of Education of Topeka in May 1954, the ruling that struck down state-sponsored racial segregation in America's public schools. Thurgood Marshall, chief attorney for the black families that launched the litigation, exclaimed later, "I was so happy, I was numb." The novelist Ralph Ellison wrote, "another battle of the Civil War has been won. The rest is up to us and I'm very glad. What a wonderful world of possibilities are unfolded for the children!" Here, in a concise, moving narrative, Bancroft Prize-winning historian James T. Patterson takes readers through the dramatic case and its fifty-year aftermath. A wide range of characters animates the story, from the little-known African Americans who dared to challenge Jim Crow with lawsuits (at great personal cost); to Thurgood Marshall, who later became a Justice himself; to Earl Warren, who shepherded a fractured Court to a unanimous decision. Others include segregationist politicians like Governor Orval Faubus of Arkansas; Presidents Eisenhower, Johnson, and Nixon; and controversial Supreme Court justices such as William Rehnquist and Clarence Thomas. Most Americans still see Brown as a triumph--but was it? Patterson shrewdly explores the provocative questions that still swirl around the case. Could the Court--or President Eisenhower--have done more to ensure compliance with Brown? Did the decision touch off the modern civil rights movement? How useful are court-ordered busing and affirmative action against racial segregation? To what extent has racial mixing affected the academic achievement of black children? Where indeed do we go from here to realize the expectations of Marshall, Ellison, and others in 1954?