Legal Profession Commons^™

Justice Potter Stewart, Vincent L. Broderick

North Carolina Central Law Review

No abstract provided.

The Civil Rights Attorney's Fees Awards Act Of 1976: A View From The Second Circuit, H. A. Zionts

Buffalo Law Review

No abstract provided.

Calculation Of A Reasonable Award Of Attorneys' Fees Under The Attorneys' Fees Awards Act Of 1976, 13 J. Marshall L. Rev. 331 (1980), Bruce C. Dopke

UIC Law Review

No abstract provided.

The Immunity Of Public Defenders Under Section 1983, Ellen Keller

Cleveland State Law Review

The Circuit Courts of Appeals that have considered the question of a public defender's liability issue have all held public defenders or court-appointed counsel immune from personal liability for actions taken in the course of representing their clients. This note will examine the ways in which the courts have disposed of these cases, discuss factors that have inclined federal courts to grant immunity to public defenders under section 1983, and weigh the advisability of personal liability for malpractice of those who defend indigent defendants in criminal trials.

Applicability Of Federal Antidiscrimination Legislation To The Selection Of A Law Partner, Michigan Law Review

Michigan Law Review

The decision by the members of a law partnership to invite an associate of the firm to become a partner involves careful consideration of the associate's qualifications. Recently some associates who have been denied advancement to partnership have alleged improper consideration of religion, national origin, or sex in the partner selection process. There are, of course, practical difficulties in proving discrimination in the subjective context of partnership selection. Assuming clear evidence of such discrimination, this Note addresses the question whether an associate may invoke the protection of federal antidiscrimination legislation.

Black Lawyers And Corporate And Commercial Practice: Some Unfinished Business Of The Civil Rights Movement, John T. Baker

Articles by Maurer Faculty

No abstract provided.

Manes V. Meyers, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Roe V. Wade, 410 U.S. 113 (1973)

Research in Virgil Hawkins' World of Print--Historical Print Research Project No. 1: Abortion

A pregnant single woman brought a class action suit challenging the constitutionality of the Texas criminal abortion laws, which proscribed procuring or attempting an abortion except on medical advice for the purpose of saving the mother's life. The Court held that a woman's right to an abortion fell within the right to privacy protected by the Fourteenth Amendment.

Self Defense For Women Lawyers: Enforcement Of Employment Rights, Giovanna M. Longo

University of Michigan Journal of Law Reform

Employment and a concomitant opportunity to compete on the basis of individual merit for the rewards of achievement, whether they be money, power, prestige, personal satisfaction in a job well done, or the fulfillment of broad social aims, contribute to the assertion of legitimate human needs for independence and self-respect, and contribute to the expression and realization of individual potential. Women professionals and professional employers need to understand the applicable law regarding the proof of sex discrimination, what exceptions there are to prohibited sex discrimination, the procedures for enforcing that law and the benefits or detriments to be expected from …

This Is Our Challenge, Not Our Fate, Williams A. Marsh

North Carolina Central Law Review

No abstract provided.

The Right To Representation By Out-Of-State Attorneys In Civil Rights Cases, Edward F. Sherman

Articles by Maurer Faculty

No abstract provided.

Consult Primary Authorities--Step Three In The Research Process

Research in Virgil Hawkins' World of Print--Historical Print Research Project No. 1: Abortion

The next likely step would have been to look up the statutes and the case that were listed in Florida Law and Practice to find additional information.To find both the statute and corresponding annotations, the student would have used the Florida Statutes Annotated. Since they found the citations for the statute in Florida Law and Practice, there is no need to use the index and the student would go directly to the volume of the set that contained the statute and annotations. At the time, F.S. § 782.10 held that intentionally causing a woman to miscarry would carry …

Conclusion And Fast Forward

Research in Virgil Hawkins' World of Print--Historical Print Research Project No. 1: Abortion

After analyzing statutes and case law information on abortion in Florida, the student could conclude and state that offering to help a woman obtain an abortion was illegal in the 1960’s and, if a miscarriage subsequently occurred due to aid provided, the person who helped obtain the abortion could be convicted of 3rd degree manslaughter.

In 1973, the Supreme Court case of Roe v. Wade established that women had the right to seek an abortion and that states had to balance their ability to regulate health against a woman’s health care decision power and the potentiality of human life. 410 …

Research Strategy And Resources

Research in Virgil Hawkins' World of Print--Historical Print Research Project No. 1: Abortion

The first step in any research process is to create a research strategy and organize your plan. The first step in most legal research is the use of secondary sources in order to gain an overview of a legal issue and to find cases and statutes that discuss the topic. A possible source about the state of the law in Florida on the topic of abortion was Florida Law and Practice.

Historical Research Project On Abortion

Research in Virgil Hawkins' World of Print--Historical Print Research Project No. 1: Abortion

This document represents an historical research project, from start to finish, as it would have been accomplished during the time Virgil Hawkins was fighting to gain entry into the University of Florida law school. The student would have used print resources to resolve this legal question regarding abortion, a topic about which the law has changed significantly since the time this research would have been performed.

Secondary Sources--Step One In The Research Process

Research in Virgil Hawkins' World of Print--Historical Print Research Project No. 1: Abortion

The first step in most legal research is to start with secondary sources to gain an overview of a legal issue and to find cases and statutes that discuss the topic. Secondary sources are statements or texts written about the law. A source that was available in the FAMU law library and could have been used to find information about the state of the law in Florida on the topic of abortion was Florida Law and Practice. To find information in Florida Law and Practice, the student would have used the title’s index and looked up the search …

Updating Resources

Research in Virgil Hawkins' World of Print--Historical Print Research Project No. 1: Abortion

In order to be certain the law that forms the basis of a legal argument or theory is current, it is crucial to update your research. Different resources use different methods, but a common method for treatises is the pocket part, an insert at the back of a book that contains information from after the date the book was published. Consequently, after reading the relevant entries in the main text of the treatise, the student would have looked at the pocket part to determine if there were any new cases or statutory changes that applied.

Review Resources--Step Two In The Research Process

Research in Virgil Hawkins' World of Print--Historical Print Research Project No. 1: Abortion

After finding the entry for abortion in the index, the student would then have gone to the volume and page indicated by the index to read the information provided. Studying the information contained in the entries, the student would have taken notes about statutes and cases that would be used to craft a legal analysis. The statutes on point that are listed by the treatise's entry are Florida Statutes § 782.10 and Florida Statutes § 797.01. The entry also names Eggart v. State as a case that discusses when an individual could be charged with a crime for assisting a …

Florida Law And Practice

Research in Virgil Hawkins' World of Print--Historical Print Research Project No. 1: Abortion

This compendium of Florida law is based on State and Federal decisions arising from Florida Statutes. It is an up to the minute encyclopedia of Florida law and procedure, edited by an exceptionally well qualified and experienced group of Florida lawyers and teachers, who have helped make Florida Law. The text is keyed to Florida publications, practice books and Florida digests.

This document contains limited excerpts from Volume One that apply to the research problem.

Book Reviews, Robert L. Hale, John P. Dawson, Monrad G. Paulsen, William R. Roalfe, John C. Payne, Maxwell Cohen, L. C. B. Gower, John S. Bradway, Paul Sayre, Herbert A. Berman, James S. Savage, Joseph Dainow, Edwin P. Friedberg, Edwin J. Hadd, Kenneth L. Black, H. W. Hannah, Dix W. Noel, Robert F. Koretz, Heinrich Kronstein

Journal of Legal Education

No abstract provided.

Updating Resources

Research in Virgil Hawkins' World of Print--Historical Print Research Project No. 1: Abortion

Next, the student would check the pocket part to the volume of the Florida Statutes Annotated that they were using for entries on both F.S. § 782.10 and F.S. § 797.01, thereby ensuring that they were seeing the most current information

Florida Statutes Annotated

Research in Virgil Hawkins' World of Print--Historical Print Research Project No. 1: Abortion

The Attorney General of Florida, pursuant to the legislative mandate expressed in the Act approved May 25, 1939, Laws 1939, c. 19140, has prepared a "revision, compilation and consolidation of all the General Statutes of Florida in force, of a permanent nature" which, by Act approved June 6, 1941, Laws 1941, c. 20719, except as otherwise provided therein, was "adopted and enacted as statute law" under the title of Florida Statutes 1941.

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attorney and Client--Unnecessary Services--Compensation; Bankruptcy--Title to Bankrupt's Property; Banks and Banking--Checks--Appropriation of Deposit--Garnishment; Chattel Mortgages--Retention of Possession and Power of Sale by Mortgagor--Fraud; Civil Rights--Power of Congress to Protect Against Individual Interference; Common Carriers--Limitation of Liability--Agreed Valuation; Constitutional Law--Delegation of Legislative Power--Regulations of Executive Departments; Constitutional Law--Regulation of Child Labor; Contracts--Mutuality--Consideration; Contracts--Restraint of Trade; Corporations--Misuse of Funds--Right of Stockholder to Sue; Corporations--Preferred Stock--Priorities--Cumulative Dividends; Covenants--Knowledge by the Grantee of Incumbrance; Criminal Law--conviction of Lesser Offense as Acquittal of Graver Offense--Former Jeopardy--Remanding Cause for Sentence; Damages--Mental Anguish--Undelivered Telegram; Deeds--Exceptions--Reservations--Abandonment of Right of Way--Reversion--Effect; Eminent Domain--Cemeteries; Evidence--Privileged Communications--Attorney and Client; Evidence--Res Gestae--Spontaneous …

Consult Primary Authorities--Step Three In The Research Process--Case Law

Research in Virgil Hawkins' World of Print--Historical Print Research Project No. 1: Abortion

The student would also use case law to learn about Florida’s treatment of abortion laws. To read Eggart v. State, using the citation provided by Florida Law and Practice, the student would have gone to volume 25 of the Southern Reporter and opened it to page 527. From the case, they would learn the history of Florida’s antiabortion statute and how it could be used to convict, of manslaughter, anyone who set out to cause a woman to miscarry. The first page of the Eggart case is to the left; the entire case can be found by scrolling …

Florida Reports

Research in Virgil Hawkins' World of Print--Historical Print Research Project No. 1: Abortion

Some states have official and unofficial case reporter systems. Florida Reports was the official case reporter series that reported the decisions of the Florida Supreme Court from 1846 through 1948 in 160 volumes. When an official reporter exists court rules often require citation to both the official and unofficial reporter.

The Southern Reporter

Research in Virgil Hawkins' World of Print--Historical Print Research Project No. 1: Abortion

Some states have official and unofficial case reporter systems. When an official reporter exists court rules often require citation to both the official and unofficial reporter. The Southern Reporter is the unofficial, regional, reporter series that reports the decisions of the Supreme Courts in Alabama, Louisiana, Florida, and Mississippi.

Eggart V. State, 40 Fla. 527 (1898)

Research in Virgil Hawkins' World of Print--Historical Print Research Project No. 1: Abortion

This 1898 case addressed the crime of unlawfully administering drugs and other noxious things with the intent to procure a miscarriage.