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Mental Commitment Cases Of 1971 Supreme Court Term, Ken Wing, R. Carman Jan 1973

Mental Commitment Cases Of 1971 Supreme Court Term, Ken Wing, R. Carman

Faculty Articles

Even in areas where legal representation has become available to the poor through the efforts of Legal Services programs, there is still one group that is almost universally denied representation: those confined under the various forms of civil commitment and patients in mental health institutions. Almost by definition in need of legal counsel and predictably indigent, they are faced with interpersonal and institutional barriers that further reduce their chances to obtain representation. It is the position of the National Health Law Program that Legal Services programs throughout the country should focus some of their attention towards this portion of their …


A New Role For The Black Law Graduate—A Reality Or An Illusion?, Harry T. Edwards Jan 1971

A New Role For The Black Law Graduate—A Reality Or An Illusion?, Harry T. Edwards

Faculty Articles

It is not really surprising that so much attention has recently been given to the gross disparity in White v. Black participation in the legal profession. Indeed, the question of quality participation by Black lawyers is an irrelevant consideration until there is a real commitment to give Blacks equal access to the formerly all-white legal educational institutions. In examining the nature of this heretofore obvious (but only recently acknowledged) problem of Black underrepresentation, at least three questions may be posed: (1) Why are there so few Black lawyers? (2) What impact does the lack of Black lawyers have within our …


The Problems And Promise Of Black Men Of Law, Henry Mcgee Jan 1971

The Problems And Promise Of Black Men Of Law, Henry Mcgee

Faculty Articles

Professor McGee discusses the Black legal community's fight from the 1930s through the 1950s that eliminated the constitutional support of racial segregation and discrimination. Given the monumental obstacles which historically have plagued black lawyers, it is remarkable how many have succeeded despite the discrimination. While this article touches on some of the difficulties and limitations of the black bar, it must be stressed that there is a tradition of leadership and service among black lawyers that provides a solid foundation for the relatively large numbers of advocates that return to their communities. Building on this tradition of leadership, there are …


Universities, Law Schools, Communities: Learning Or Service Or Learning And Service?, Henry Mcgee Jan 1969

Universities, Law Schools, Communities: Learning Or Service Or Learning And Service?, Henry Mcgee

Faculty Articles

This article addresses the roles of universities and law schools and their changing roles in society. While many universities and law schools are assuming leadership roles in national and even global communities, the new challenge is their responsibility to the communities they reside in.


Lay Advocacy And "Legal Services To Youth": Summaries On The Use Of Para-Legal Aides, Henry Mcgee Jan 1969

Lay Advocacy And "Legal Services To Youth": Summaries On The Use Of Para-Legal Aides, Henry Mcgee

Faculty Articles

This article discusses the incredibly effective use of legal assistants in the project implemented to assist poor urban youth with legal issues—Legal Services to Youth sponsored by the University of Chicago Law School's Center for Studies in Criminal Justice, under a Ford Foundation grant, was directed to a specialized consumer group, boys under 17 and girls under 18, the jurisdictional age ceiling in the Cook County, Illinois Juvenile Court. Legal assistants were recruited in the area served, and an attempt was made to locate persons who were by background and experience likely to be sympathetic to youth "in trouble." The …


Arrests In Civil Disturbances: Reflections On The Use Of Deadly Force In Riots, Henry Mcgee Jan 1968

Arrests In Civil Disturbances: Reflections On The Use Of Deadly Force In Riots, Henry Mcgee

Faculty Articles

Professor McGee examines the use of deadly force in quelling recurrent communal rioting of alienated black urban masses in 1968. Napoleon fired “grapeshot” into a rioting Parisian crowd in 1795, and while his brutality may have quieted the rioters it should not be set as an example for our modern day police forces. Deadly force used against large numbers of citizens, who just prior to the riots were for the most part law-abiding and peaceful, can have crushing social consequences. In this article Professor McGee discusses police departmental policy, the limits of deadly force in arrests, excessive force and liability, …


Trusts: Consequences Of Attorney's Good Faith Representation Of Adverse Parties In Trust Administration, Mark Reutlinger Jan 1967

Trusts: Consequences Of Attorney's Good Faith Representation Of Adverse Parties In Trust Administration, Mark Reutlinger

Faculty Articles

In the course of estate and trust administration, an attorney or a single law firm may be in the position of representing both the trustee and beneficiaries of a particular trust. In any such situation the attorney represents adverse parties since the beneficiaries may wish to enforce the trust provisions against the trustee. Nevertheless, the attorney might feel impelled to represent such adverse parties, especially where they are amicable, where the attorney has personal familiarity with the parties and the property, or where the parties wish to avoid the added expense of obtaining independent counsel. Potter v. Moran, however, indicates …