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An Analysis of Racially Disparate Bar Performance
Florida State University Law Review Volume 23 Issue 3 Article 4 1996 Guests in Another's House: An Analysis of Racially Disparate Bar Performance Cecil J. Hunt II [email protected] Follow this and additional works at: https://ir.law.fsu.edu/lr Part of the Law Commons Recommended Citation Cecil J. Hunt II, Guests in Another's House: An Analysis of Racially Disparate Bar Performance, 23 Fla. St. U. L. Rev. 721 (1996) . https://ir.law.fsu.edu/lr/vol23/iss3/4 This Article is brought to you for free and open access by Scholarship Repository. It has been accepted for inclusion in Florida State University Law Review by an authorized editor of Scholarship Repository. For more information, please contact [email protected]. FLORIDA STATE UNIVERSITY LAW REVIEW GUESTS IN ANOTHER'S HOUSE: AN ANALYSIS OF RACIALLY DISPARATE BAR PERFORMANCE Cecil J. Hunt, II VOLUME 23 WINTER 1996 NUMBER 3 Recommended citation: Cecil J. Hunt, II, Guests in Another's House: An Analysis of Racially Disparate Bar Performance, 23 FLA. ST. U. L. REV. 721 (1996). GUESTS IN ANOTHER’S HOUSE: AN ANALYSIS OF RACIALLY DISPARATE BAR PERFORMANCE CECIL J. HUNT, II* I. INTRODUCTION ......................................................................... 722 II. THE ABSENCE OF DATA............................................................... 726 A. State Practices .................................................................. 726 B. State Studies ..................................................................... 728 C. Law School Admission Council Bar Study.................................. 729 III. JUDICIAL CHALLENGES TO THE BAR EXAMINATION ON THE BASIS OF UNLAWFUL RACIAL DISCRIMINATION.............................................. 734 A. The Judicial Record ............................................................ 734 1. Tyler v. Vickery ........................................................ 734 2. Parrish v. Board of Commissioners of the Alabama State Bar ....... 744 3. Richardson v. McFadden ............................................. -
Out of Town Job Search Guide
TABLE OF CONTENTS I. INTRODUCTION 3 II. CDO RESOURCES 3 III. RECIPROCITY 5 IV. NETWORKING 5 V. INFORMATIONAL INTERVIEWING 6 VI. OUT-OF-TOWN JOB SEARCH TIMELINES 8 VII. JOB FAIRS 21 VIII. OUT-OF-TOWN JOB SEARCH ONLINE RESOURCES 25 I. INTRODUCTION Every year, many students conduct job searches outside of South Florida. Conducting a job search outside your current geographical area requires you to plan ahead to make the most of your time away from Miami. This Guide provides specific information on how to conduct such a search, and provides useful resources available from the Career Development Office (“CDO”). Regardless of where you want to start your legal career, the CDO is available to help you. We look forward to working with you. II. CDO RESOURCES The CDO offers a number of resources useful when conducting an out-of-town job search. A. JOB POSTINGS 1. Symplicity Job Posting Database (law-miami-csm.symplicity.com/students) The CDO maintains a job posting database on Symplicity which lists summer and school year positions, as well as post-graduate attorney postings. All University of Miami School of Law (“UM Law”) students and graduates have access to the Symplicity site, which is password protected. To obtain your username and password, please email the CDO at [email protected] with your full name, graduation month/year, C-number or Cane ID number and preferred email address. 2. Intercollegiate Job Bank (https://www.law2.byu.edu/Career_Services/jobbank/) The Intercollegiate Job Bank, maintained by Brigham Young University Law School, contains job postings from law schools around the country. -
ABA Model Rule 8.4(G) Would Violate an Attorney’S Free Speech, Free Association, and Free Exercise Rights Under the First Amendment to the U.S
To: Jodi Nafzger From: Steve Smith Re: Idaho State Bar Professionalism and Ethics Section Subcommittee on the Proposed Idaho Rules of Professional Conduct, Rule 8.4(g) Date: May 26, 2017 Thank you, and thanks to Brad Andrews, for the invitation to provide a dissenting opinion about the proposed Rule 8.4(g) (the “subsection”) that was approved on May 8, 2017 for discussion at the CLE on June 6, 2017. Also, I wanted to express my appreciation to all the subcommittee members for all of the time, energy and good discussion invested by them. The reasons that the rule should not be amended include the following: 1. The proposed subsection is a “solution” in search of a problem. Albert Einstein, who was a pretty good problem solver, was quoted as saying, “The framing of a problem is often more essential than its solution.” I don’t recall any evidence being presented in the Subcommittee’s deliberations that demonstrated an actual need in Idaho for the subsection, especially in light of the fact that provisions already exist in the rules to address the concerns that were raised. 2. The amendment would undermine the U. S. Constitution and threaten our liberties. Thomas Jefferson wrote the following to James Madison in 1787: "A bill of rights is what the people are entitled to against every government on earth, general or particular; and what no just government should refuse…." Abraham Lincoln echoed that belief when he said, “Don’t interfere with anything in the Constitution. That must be maintained for it is the only safeguard of our liberties.” Attached is an analysis of the Rule provided by a constitutional lawyer who has reviewed the ABA Model Rule and various state rules. -
Is the Sunshine Chilly
South Carolina Law Review Volume 55 Issue 4 SYMPOSIUM: COURT-ENFORCED Article 10 SECRECY Summer 2004 Settlements and Secrets: Is the Sunshine Chilly James E. Rooks Jr. Follow this and additional works at: https://scholarcommons.sc.edu/sclr Part of the Law Commons Recommended Citation Rooks, James E. Jr. (2004) "Settlements and Secrets: Is the Sunshine Chilly," South Carolina Law Review: Vol. 55 : Iss. 4 , Article 10. Available at: https://scholarcommons.sc.edu/sclr/vol55/iss4/10 This Symposium Paper is brought to you by the Law Reviews and Journals at Scholar Commons. It has been accepted for inclusion in South Carolina Law Review by an authorized editor of Scholar Commons. For more information, please contact [email protected]. Rooks: Settlements and Secrets: Is the Sunshine Chilly SETTLEMENTS AND SECRETS: Is THE SUNSHINE CHILLY? JAMES E. ROOKS JR." I. OPEN COURTS, CLOSED FILES ................................. 859 II. JUDICIAL AND LEGISLATIVE EFFORTS TO DEAL WITH OVERUSE AND ABUSE OF SECRECY ........................ 861 III. THE "CHILLED SETTLEMENTS" ARGUMENT ....................... 863 IV. FEDERAL JUDGES CONFRONT SECRET SETTLEMENTS ............... 865 V. DOES SECRECY PROMOTE SETrLEMENT? DOES SUNSHINE "CHILL" SETrLEMENTS? ... ....... ...... ...... ....... 870 VI. WHERE ARE THE CHILLED SETTLEMENTS? ...... ....... ....... 872 VII. FROM SPECULATION TO SOPHISTRY .............................. 874 I. OPEN COURTS, CLOSED FILES American lawyers recognize that the openness of the courts, and the public nature of their proceedings and records, are hallmarks of our system ofjustice. Yet few lawyers who represent consumers in United States courts can be unaware of the national public policy debate on the frequent use and abuse of secrecy in our civil justice system. "Secrecy," in this debate, refers collectively to a number of legal mechanisms that may be used to conceal litigation information from the public, from government regulators, from attorneys handling similar cases, and in some cases even from other courts. -
Supreme Court of the United States
No. 16-5294 IN THE Supreme Court of the United States JAMES EDMOND MCWILLIAMS, JR., Petitioner, v. JEFFERSON S. DUNN, COMMISSIONER, ALABAMA DEPARTMENT OF CORRECTIONS, et al., Respondents. ON WRIT OF CERTIORARI TO THE UNITED STATES CouRT OF APPEALS FOR THE ELEVENTH CIRcuIT BRIEF OF THE NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS, NATIONAL ASSOCIATION FOR PUBLIC DEFENSE, NATIONAL LEGAL AID AND DEFENDER ASSOCIATION AND TWENTY-THREE CAPITAL ATTORNEYS AND INVESTIGATORS AS AMICI CURIAE IN SUPPORT OF PETITIONER JANET MOORE, Co-Chair, GEORGE H. KENDALL Amicus Committee, National Counsel of Record Association for Public Defense JENAY NURSE For identification purposes only: CORRINE A. IRISH ASSOciATE PROFESSOR SQUIRE PATTON BOggS (US) LLP UNIVERSITY OF CINciNNATI 30 Rockefeller Plaza COLLEGE OF LAW New York, New York 10112 2540 Clifton Avenue (212) 872-9800 Cincinnati OH 45221 [email protected] JO-ANN WALLACE, President DAVID OSCAR MARKUS, Co-Chair, and CEO Amicus Committee National TRAVIS STEARNS, of Counsel Association of Criminal NATIONAL LEGAL AID AND Defense Lawyers DEFENDER ASSOciATION 40 NW Third Street, PH1 1901 Pennsylvania Avenue, NW, Miami, FL 33128 Suite 500 Washington, DC 20006 Counsel for Amicus Curiae March 6, 2017 271654 i TABLE OF CONTENTS Page INTEREST OF AMICUS CURIAE............................. 1 SUMMARY OF THE ARGUMENT ............................ 3 ARGUMENT ............................................................... 3 I. AKE V. OKLAHOMA CLEARLY ESTABLISHED AN INDIGENT DEFENDANT’S RIGHT TO THE ASSISTANCE OF AN INDEPENDENT MENTAL HEALTH EXPERT AT A CAPITAL SENTENCING PROCEEDING ................................................. 3 A. Ake Unequivocally Requires the Provision of an Independent Expert ........................... 5 B. Ake’s Requirement of a State Funded Mental Health Expert Reinforced Pre-existing State Practice in Most Jurisdictions .......... -
Inferiority Complex: Should State Courts Follow Lower Federal Court Precedent on the Meaning of Federal Law?
Inferiority Complex: Should State Courts Follow Lower Federal Court Precedent on the Meaning of Federal Law? Amanda Frost* The conventional wisdom is that state courts need not follow lower federal court precedent when interpreting federal law. Upon closer inspection, however, the question of how state courts should treat lower federal court precedent is not so clear. Although most state courts now take the conventional approach, a few contend that they are obligated to follow the lower federal courts, and two federal courts of appeals have declared that their decisions are binding on state courts. The Constitution’s text and structure send mixed messages about the relationship between state and lower federal courts, and the Supreme Court has never squarely addressed the matter. Remarkably, this significant question about the interplay between the state and federal judicial systems lingers unresolved more than two-hundred years after the Constitution’s ratification. This Article uses this question to explore the relationship between state and lower federal courts. As a constitutional matter, it can be argued that state courts were intended to play a subordinate role to the lower federal courts when interpreting federal law, even if they are viewed as equals when it comes to finding facts and applying facts to law. Furthermore, Congress’s decision to create the lower federal courts, and then assign them broad federal question jurisdiction, arguably displaces state court authority to interpret federal law independently—particularly in an era in which the Supreme Court lacks the capacity to resolve many of the splits between the federal and state court systems. -
28Th Annual Criminal Practice in South Carolina Friday, February 22, 2019
28th Annual Criminal Practice in South Carolina Friday, February 22, 2019 presented by The South Carolina Bar Continuing Legal Education Division http://www.scbar.org/CLE SC Supreme Court Commission on CLE Course No. 190837 Table of Contents Agenda ................................................................................................................................................. 3 Faculty Bios ......................................................................................................................................... 5 State Criminal Practice: Significant Developments in 2018 ..........................................................15 Federal Criminal Practice : Significant Developments in 2018 .....................................................32 Legislative Review and Preview: Significant 2018 Legislation, Pre-Filed Bills for 2019, and Rule Changes ...............................................................................................................................................37 Amie Clifford, Tommy Pope Expungements Primer .......................................................................................................................61 Adam Whitsett Developments and Issues in Juveniles Justice .................................................................................84 L. Eden Hendrick Keeping Up with Trends and Issues in Criminal Defense ............................................................104 Christopher Adams PCR-Proofing Your Case ................................................................................................................112 -
To View Our Firm Resume
SPEED & SETA, LLC was formed in 2001 by Wallace Speed and Lesli Seta. The firm has expanded to become SPEED, SETA, MARTIN, TRIVETT & STUBLEY, LLC , a regional firm serving all of the Southeast, with offices in Alabama, Florida, Georgia, M ississippi, North Carolina, South Carolina, and Tennessee. The attorneys practicing at the firm dedicate their practice to the defense of businesses in civil litigation, including workers’ compensation, subrogation, general liability, and federal Longsho r e & Harbor Workers' Compensation. The firm proudly represents some of the largest insurance companies, employers, and third - party administrators in the country, in addition to local boards of education, local governments, and self - insured employers in our c ommunities. Martindale - Hubble rates the firm as an AV firm, the highest possible rating under the Martindale - Hubbell law firm rating system, and the firm's attorneys have been named to Super Lawyers and Best Lawyers in America. B IOGRAPHICAL S KETCHES P ARTNERS W ALLACE S PEED (1941 - 202 0 ) graduated from the United States Military Academy at West Point where he earned a Bachelor of Science degree, and he subsequently served seven years on active duty in the Army (Infantry) prior to entering law school. He graduated f ro m the Emory University School of Law and then spent several years as a Senior Assistant District Attorney in Atlanta. There he prosecuted numerous major felony cases, including the “ Atlanta Missing and Murdered Children ” case which attracted i nternationa l attention. While at the DA's office he attended Georgia State University at night and obtained a Master’s degree in Public Administration. -
Introduction
INTRODUCTION Nationally, approximately 40% of new attorneys work at firms consisting of more than 50 lawyers. Therefore, a large percentage of practicing attorneys work for small firms (fewer than 50 attorneys). Small firms generally do not have formalized recruiting procedures or a set “hiring season” when they recruit summer law clerks, school-year law clerks, or entry-level attorneys. Instead, these firms hire on an as-needed basis, and they hire year round. To secure employment with a small firm, students and lawyers alike need to be proactive in getting their name and interests out in the community. Applicants should not only apply directly to these firms, but they should connect via law school, community, and bar association activities. In this directory, you will find state-by-state hyperlinks to regional directories, bar associations, newspapers, and job banks that can be used to jump-start a small firm search. ALABAMA State/Regional Bar Associations Alabama Bar Association: http://www.alabar.org Birmingham Bar Association: http://www.birminghambar.org Mobile Bar Association: http://www.mobilebar.org Specialty Bar Associations Alabama Defense Lawyers Association: http://www.adla.org Alabama Trial Lawyers Association: http://www.alabamajustice.org Major Newspapers Birmingham News: http://www.al.com/birmingham Mobile Register: http://www.al.com/mobile Legal & Non-Legal Resources & Publications State Lawyers.com: http://alabama.statelawyers.com EINNEWS: http://www.einnews.com/alabama Birmingham Business Journal: http://birmingham.bizjournals.com -
Multijurisdictional Practice of Law Under the Revised South Carolina Rules of Professional Conduct
South Carolina Law Review Volume 57 Issue 3 ANNUAL SURVEY OF SOUTH CAROLINA Article 9 LAW Spring 2006 Multijurisdictional Practice of Law under the Revised South Carolina Rules of Professional Conduct Jane Hawthorne Merrill Follow this and additional works at: https://scholarcommons.sc.edu/sclr Part of the Law Commons Recommended Citation Merrill, Jane Hawthorne (2006) "Multijurisdictional Practice of Law under the Revised South Carolina Rules of Professional Conduct," South Carolina Law Review: Vol. 57 : Iss. 3 , Article 9. Available at: https://scholarcommons.sc.edu/sclr/vol57/iss3/9 This Article is brought to you by the Law Reviews and Journals at Scholar Commons. It has been accepted for inclusion in South Carolina Law Review by an authorized editor of Scholar Commons. For more information, please contact [email protected]. Merrill: Multijurisdictional Practice of Law under the Revised South Carol MULTIURISDICTIONAL PRACTICE OF LAW UNDER THE REVISED SOUTH CAROLINA RULES OF PROFESSIONAL CONDUCT I. INTRODUCTION In the 1998 case, Birbrower,Montalbano, Condon & Frank,P.C. v. Superior Court,1 the California Supreme Court shocked the national legal community when it held New York attorneys engaged in the unauthorized practice of law by representing California clients in a proposed arbitration matter that settled.2 The case spurred the American Bar Association (ABA) to revise and broaden the Model Rules of Professional Conduct to serve attorneys practicing in multiple jurisdictions.3 After the ABA adopted the revised rules, the South Carolina Supreme Court followed the trend of many other states by studying the revised model rules and adopting similar rules.4 The new South Carolina rules became effective on October 1, 2005.' This Comment provides an overview of revised Rule 5.5 and argues it broadens the opportunities for out-of-state attorneys to practice law in South Carolina. -
U.S.A. Vs. the World: Right to Public Access of Court Records and Confidentiality Concerns in Commercial Arbitration
South Carolina Journal of International Law and Business Volume 15 Issue 1 Fall Article 6 2018 U.S.A. vs. the World: Right to Public Access of Court Records and Confidentiality Concerns in Commercial Arbitration Christopher M. Campbell Willoughby & Hoefer, Columbia, South Carolina Follow this and additional works at: https://scholarcommons.sc.edu/scjilb Part of the Law Commons Recommended Citation Campbell, Christopher M. (2018) "U.S.A. vs. the World: Right to Public Access of Court Records and Confidentiality Concerns in Commercial Arbitration," South Carolina Journal of International Law and Business: Vol. 15 : Iss. 1 , Article 6. Available at: https://scholarcommons.sc.edu/scjilb/vol15/iss1/6 This Article is brought to you by the Law Reviews and Journals at Scholar Commons. It has been accepted for inclusion in South Carolina Journal of International Law and Business by an authorized editor of Scholar Commons. For more information, please contact [email protected]. U.S.A. VS. THE WORLD: RIGHT TO PUBLIC ACCESS OF COURT RECORDS AND CONFIDENTIALITY CONCERNS IN COMMERCIAL ARBITRATION By: Christopher M. Campbell, Esq.* ABSTRACT The United States of America, often a paragon of the rule of law, has a long-established tradition of providing legal regimes and mechanisms that are the inspiration for other legal frameworks around the world. However, even the oldest traditions sometimes require occasional contemporary modification. Such is the case in the U.S. as * Christopher M. Campbell is an associate at Willoughby & Hoefer in Columbia, South Carolina focusing on administrative law, business law, and litigation, in particular international commercial arbitration. He received his LL.M. -
DOCUMENT RESUME ED 364 487 SO 023 626 TITLE State and Local
DOCUMENT RESUME ED 364 487 SO 023 626 TITLE State and Local Bar Associations Law-Related Education Activities. INSTITUTION American Bar Association, Chicago, Ill. Special Committee on Youth Education for Citizenship. PUB DATE [93] NOTE 26p.; For related items, see SO 023 625-628. AVAILABLE FROMAmerican Bar Association, Special Committee on Youth Education for Citizenship, 541 N. Fairbanks Court, Chicago, IL 60611-3314. PUB TYPE Reference Materials - Directories/Catalogs (132) EDRS PRICE MF01/PCO2 Plus Postage. DESCRIPTORS Alcohol Education; Drug Education; Elementary Secondary Education; *Law Related Education; Lawyers; *Learning Activities; Professional Associations; School Community Relationship; Social Studies; *Youth Programs IDENTIFIERS American Bar Association; Law Day ABSTRACT This document is a listing of the law-related education activities of state and local bar associations grouped by state. Under each state, the state association and often one or more local association are listed. Information on each association includes committees relating to law related education, a listing of law related education activities, funding sources, and the name, address, and phone number of the appropriate contact person. Some association listings also include volunteer recruitment strategies and resources. Listed activities include Law Day, mediation, Lawyer in the Classroom, teen court, mock trials, court docent, bicentennial, teacher education, programs f,31- at-risk youth, and drug prevention projects. The most common funding sources include general operating budgets, bar foundation grants, senior bar funding, Young Lawyers Section activity budgets, and organization dues. Volunteers are recruited by personal appeals, contacts for specific projects, publicity of projects, volunteer sign up sheets in dues packets, special invitations, and articles in organization newsletters.