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Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Roberts, John G.: Files
Folder Title: JGR/American Bar Association
Box: 2
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
Citation Guidelines: https://reaganlibrary.gov/citing
National Archives Catalogue: https://catalog.archives.gov/
THE WHITE HOUSE
WASHINGTON
January 12, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
&
SUBJECT:
Correspondence from Morris Harrell,
President of the American Bar Associa-
tion, to the President
Morris Harrell, new President of the ABA, has written to the
President requesting his views on appropriate items for the
ABA's long-term planning agenda. He notes that similar
letters have been sent to the Chief Justice and Attorney
General. I recommend sending the letter to the Justice
Department for development of a substantive response. The
Department has several areas of ongoing relations with the
ABA, and I think a coordinated response to both letters
could be helpful in advancing our relations with the ABA. I
have attached a proposed memorandum to the Deputy Attorney
General, transmitting the correspondence.
Attachment
THE WHITE HOUSE
WASHINGTON
January 12, 1983
MEMORANDUM FOR EDWARD C. SCHMULTS
DEPUTY ATTORNEY GENERAL
FROM:
FRED F. FIELDING
Orig. signed by FFF
COUNSEL TO THE PRESIDENT
SUBJECT:
Correspondence from Morris Harrell,
President of the American Bar Associa-
tion, to the President
The President has received the attached letter from Morris
Harrell, soliciting his views on the appropriate items for
A.B.A. consideration in the upcoming years. Rather than
dashing off an innocuous reply, I thought I would send it
over to the Justice Department for development of a more
substantive reply -- perhaps for the President's signature.
I know that Harrell has sent a similar letter to the Attorney
General, and a coordinated and thoughtful response to both
letters could go far in advancing our relations with the
A.B.A.
Attachment
FFF:JGR:aw 1/12/83
CC: FFFielding
GRoberts
Subj.
Chron
THE WHITE HOUSE
WASHINGTON
January 12, 1983
MEMORANDUM FOR EDWARD C. SCHMULTS
DEPUTY ATTORNEY GENERAL
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Correspondence from Morris Harrell,
President of the American Bar Associa-
tion, to the President
The President has received the attached letter from Morris
Harrell, soliciting his views on the appropriate items for
A.B.A. consideration in the upcoming years. Rather than
dashing off an innocuous reply, I thought I would send it
over to the Justice Department for development of a more
substantive reply -- perhaps for the President's signature.
I know that Harrell has sent a similar letter to the Attorney
General, and a coordinated and thoughtful response to both
letters could go far in advancing our relations with the
A.B.A.
Attachment
FFF:JGR:aw 1/12/83
CC: FFFielding
JGRoberts
Subj.
Chron
ID #
116879 CU
WHITE HOUSE
JLDD7
CORRESPONDENCE TRACKING WORKSHEET
o . OUTGOING
H . INTERNAL
I - INCOMING
Date Correspondence
Received (YY/MM/DD)
/
/
Name of Correspondent:
marris Harrell
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: Requests benefit af the administration
thoughts with regard to issues the ABA
should Consider
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code YY/MM/DD
Co Holland
ORIGINATOR DD 83,01,03
/
/
Referral Note:
CUAT18
D 83,01,03
583,01,190
Referral Note:
/
/
/
/
Referral Note:
/
/
/
/
Referral Note:
/
/
/
/
-
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A * Appropriate Action
I - Info Copy Only/No Action Necessary
A Answered
C Completed
C Comment/Recommendation
R Direct Reply w/Copy
B - Non-Special Referral
S Suspended
D - Draft Response
S For Signature
F - Furnish Fact Sheet
X - Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
DEC
20
tred fielding
AMERICAN BAR ASSOCIATION
OFFICE OF THE PRESIDENT
MORRIS HARRELL
PLEASE REPLY TO:
AMERICAN BAR CENTER
REPUBLIC NATIONAL BANK TOWER
CHICAGO, ILLINOIS 60637
DALLAS, TEXAS 75201
TELEPHONE: 312 / 947-4042
TELEPHONE: 214 / 742-1021
December 9, 1982
116879 cn
The President
The White House
Washington, D.C.
20050
Dear Mr. President:
Through the years, the American Bar Association has
played a significant role in supporting and improving the
administration of justice in the United States. In order to
serve the legal profession, our system of justice, and
society most effectively, the Association has instituted a
comprehensive long-range planning process
We know that it would be helpful for the Association to
have the benefit of the insights of you and your staff as
part of our planning process. Your views on any matter
which you would suggest for Association consideration would
be appreciated.
As background, I am enclosing a list of the current
goals of the Association as approved by the Board of Governors
last year. The planning process may result in revision of
these goals if the information received indicates that
change is necessary for the Association to continue improving
its ability to serve the profession and the citizens of this
country. Also enclosed is a list of issues which we have
asked our leadership to consider.
Participation in the planning process has been opened
to all entities within the Association as well as to the
leaders of outside institutions involved with our legal
system. A request similar to this has already been sent to
the Attorney General and the Chief Justice of the United
States. Next spring, we will provide you with a summary of
the views and suggestions we receive from all sources.
The President
December 9, 1982
Page Two
I am confident that with the insights of leaders from
both within and outside of the Association, goals will be
established for the ABA which represent the best collective
judgment of all those who participate.
Respectfully,
Morria Harrik
Morris Harrell
MH/cc
Enclosures
Enclosure 1
ABA GOALS AND SUMMARY OBJECTIVES
(Adopted February, 1981)
American Bar Association
Planning System
GOAL I: TO PROMOTE IMPROVEMENTS IN THE AMERICAN SYSTEM OF
JUSTICE.
Summary Objective: 1.
Improve the operation of the judicial
system.
Summary Objective: 2.
Develop non-judicial alternatives.
Summary Objective: 3.
Provide guidance on judicial selection
and discipline.
GOAL II: TO IMPROVE THE DELIVERY OF LEGAL SERVICES.
Summary Objective: 1.
Support delivery of legal services to
the poor through private bar
involvement.
Summary Objective: 2.
Develop effective delivery models.
Summary Objective: 3.
Support adequate funding for the
delivery of legal services.
GOAL III: TO PROVIDE LEADERSHIP IN THE IMPROVEMENT OF THE LAW.
Summary Objective: 1.
Improve substantive and procedural law.
Summary Objective: 2.
Provide leadership in development of
sound law related public policy.
GOAL IV: TO INCREASE UNDERSTANDING OF THE LEGAL SYSTEM.
GOAL V: TO ASSURE THE HIGHEST STANDARDS OF PROFESSIONAL
COMPETENCE AND ETHICAL CONDUCT.
Summary Objective: 1.
Assist other organizations such as
state and local bars, law schools, law
firms, and corporations in carrying out
their CLE responsibilities.
Summary Objective: 2.
Provide high quality national CLE
programming for lawyers.
Summary Objective: 3.
Provide high-quality national CLE
programming for judges.
Summary Objective: 4.
Update and refine codes and rules,
render ethical opinions and substantive
research, and implement pilot programs
to improve lawyer competence and
ethical responsibility.
Summary Objective: 5.
Develop and implement model enforcement
mechanisms for disciplinary enforcement
and the operations of ethics entities.
GOAL VI: TO SERVE AS THE NATIONAL REPRESENTATIVE OF THE LEGAL
PROFESSION.
Summary Objective: 1.
Provide effective representation of
Association policies before
governmental entities.
Summary Objective: 2.
Provide leadership and support to state
and local bar associations and
foundations.
Summary Objective: 3.
Develop effective liaison with other
professional organizations on law
related matters of mutual concern.
GOAL VII: TO ENHANCE THE PROFESSIONAL GROWTH OF THE MEMBERS.
Summary Objective: 1.
Encourage and support section and
committee activities, programs and
publications.
Summary Objective: 2. Increase ABA Membership.
Summary Objective: 3. Maintain effective communication with
members.
Summary Objective: 4.
Conduct meetings for the general
membership.
Summary Objective: 5.
Make available a broad variety of
membership benefits.
0044T
- 2 -
Enclosure 2
ISSUES FOR CONSIDERATION
The categories listed below are not exhaustive, but should
serve as a guide for developing your analysis. You may wish to
comment on only one or two of the items listed under each
category or you may wish to add other items. Your comments
should be submitted to Morris Harrell, President of the
American Bar Association, Bar Center, 1155 East 60th Street,
Chicago, Illinois 60637. Your comments are requested by
December 31, 1982. After the 1983 ABA Midyear Meeting, you
will have the opportunity to react to a summary of all
participants' views which may trigger additional thoughts that
can be incorporated in your reaction.
1. Environment
Many environmental forces can have an important influence
on the legal profession. Significant categories of such
forces are:
Economic (inflation; employment; etc.)
Demographic (law school enrollments; law school graduates;
lawyer population by age distribution, by practice
distribution, by geographical distribution, etc.)
Social (constituent demands, consumer or public
demands, environmental pressures, etc.)
Political (favorable or unfavorable local, state or federal
political climate; regulatory pressures, etc.)
Technological (trends in new technologies, i.e., video
technology, computers, etc.; impact of trends on
products and services, etc.)
Competitive (competing organizations or groups; competition
in terms of service, quality, performance,
technological innovation, image, cost, etc.)
In this framework, please identify the significant
environmental forces and trends which you believe affect or
could affect the activities of the ABA now or in the future.
2. Legal Issues
The ABA and the legal profession face many important
law-related issues. Frequently mentioned general
categories of issues are:
-
promoting the general interests of the profession and
individual lawyers (specialization, advertising
discovery abuse, multi-state law practice, discipline,
etc.) );
-
advancing the science or profession of
law/jurisprudence (competence, ethics, standards,
guidelines, etc.);
-
improving the justice system (speedier, less costly
justice; equal/uniform justice, etc.);
-
uniting members of the bar;
-
influencing legislation on state/federal levels;
-
promoting or improving the law practice of members;
-
improving legal education and CLE;
-
promoting the public good or welfare;
-
protecting rights of minorities, of victims/witnesses,
of the accused;
-
providing more effective delivery of legal services;
-
increasing public awareness of and trust in the legal
profession; improving the image of the profession;
Please identify the most important issues which, in your
view, face the ABA and the profession in the next 3-5
years. Please expand on your analysis wherever possible.
3. Policy/Structure
Consider whether the ABA's policies and structure are in
harmony with the primary trends and issues you have
identified in questions 1 and 2. For example, should the
ABA:
-
be more or less responsive to the rank and file of its
membership;
- 2 -
represent divergent views or speak with a unified
voice;
-
attempt or not attempt to provide leadership that
represents a cross-section of members and their views;
-
be more or less involved in social issues;
-
increase or decrease its cooperation with state and
local bar associations;
-
increase or decrease its involvement in politics;
-
be all things to all constituencies or direct its
resources to selected areas.
0043T
- 3 -
ABA
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
March 7, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Submission of ABA Resolution
F. Wm. McCalpin, Secretary of the American Bar Association,
has forwarded for appropriate action a resolution passed by
the ABA House of Delegates. The resolution supports pro-
cedural protections to safeguard the confidentiality of net
worth information submitted in connection with fee applica-
tions under the Equal Access to Justice Act. Although I
assume the ABA has sent copies of the resolution throughout
the Federal Government, we should forward it to the Depart-
ment of Justice for appropriate consideration, and advise
McCalpin that we have done SO.
Attachment
THE WHITE HOUSE
WABHINGTON
March 7, 1983
MEMORANDUM FOR EDWARD C. SCHMULTS
DEPUTY ATTORNEY GENERAL
FROM:
FRED F. FIELDING Orig. signed by FFF
COUNSEL TO THE PRESIDENT
SUBJECT:
ABA Resolution: Equal Access to Justice Act
F. Wm. McCalpin, Secretary to the American Bar Association,
has forwarded the attached ABA resolution on procedural
protections to safeguard the confidentiality of net worth
information submitted under the Equal Access to Justice Act.
I send it along for your information and whatever consider-
ation and action you deem appropriate.
Attachments
FFF: JGR:aw 3/7/83
CC: FFFielding
JGRoberts
Subj.
Chron
THE WHITE HOUSE
WASHINGTON
March 7, 1983
Dear Mr. McCalpin:
Thank you for your recent letter transmitting the resolution
of the American Bar Association concerning procedural
protections to safeguard the confidentiality of net worth
information submitted in connection with fee applications
under the Equal Access to Justice Act. I have forwarded the
resolution to the Department of Justice for appropriate
consideration and handling.
Thank you for advising us of the action of the American Bar
Association on this matter.
Sincerely,
Orig. signed by FFF
Fred F. Fielding
Counsel to the President
Mr. F. Wm. McCalpin
American Bar Association
1155 East 60th Street
Chicago, Illinois 60637
FFF: JGR:aw 3/7/83
CC: FFFielding
JGRoberts
Subj.
Chron
THE WHITE HOUSE
WABHINGTON
March 7, 1983
MEMORANDUM FOR EDWARD C. SCHMULTS
DEPUTY ATTORNEY GENERAL
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
ABA Resolution: Equal Access to Justice Act
F. Wm. McCalpin, Secretary to the American Bar Association,
has forwarded the attached ABA resolution on procedural
protections to safeguard the confidentiality of net worth
information submitted under the Equal Access to Justice Act.
I send it along for your information and whatever consider-
ation and action you deem appropriate.
Attachments
FFF: JGR:aw 3/7/83
CC: FFFielding
JGRoberts
Subj.
Chron
THE WHITE HOUSE
WASHINGTON
March 7, 1983
Dear Mr. McCalpin:
Thank you for your recent letter transmitting the resolution
of the American Bar Association concerning procedural
protections to safeguard the confidentiality of net worth
information submitted in connection with fee applications
under the Equal Access to Justice Act. I have forwarded the
resolution to the Department of Justice for appropriate
consideration and handling.
Thank you for advising us of the action of the American. Bar
Association on this matter.
Sincerely,
Fred F. Fielding
Counsel to the President
Mr. F. Wm. McCalpin
American Bar Association
1155 East 60th Street
Chicago, Illinois 60637
FFF:JGR:aw 3/7/83
CC: FFFielding
JGRoberts
Subj.
Chron
127701
ID #
CU
JV
WHITE HOUSE
PROB
CORRESPONDENCE TRACKING WORKSHEET
O OUTGOING
H INTERNAL
I - INCOMING
Date Correspondence
Received (YY/MM/DD)
/
/
Name of Correspondent:
7. William mcCalpin
MI Mail Report
User Codes: (A)
(B)
(C)
Subject:
loune access to Justice act Resolution
american Bar association
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
w Holland
ORIGINATOR 83,03,01
/
/
Referral Note:
be AT 18
D 8310301
5.8310311
Referral Note:
/
/
/
/
Referral Note:
/
/
/
/
Referral Note:
/
/
/
/
Referral Note:
ACTION CODES:
DISPOSITION CODES.
A . Appropriate Action
I . Info Copy Only/No Action Necessary
A Answered
C Completed
C - Comment/Recommendation
R - Direct Reply w/Copy
B - Non-Special Referral
S Suspended
D Draft Response
$ For Signature
F Furnish Fact Sheet
X Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
American Ban Association
SECRETARY
McCatoin
Suite 1400
611 Olive Street
St. Louis. MO 63101
WRITER'S DIRECT LINE
ASSISTANT SECRETARY
William H. Neukom
1000 Norton Building
947-4019
Seattle. WA 98104
February 23, 1983
.27701 Car
Mr. Fred Fielding
Counsel to the President
The White House Office
1600 Pennsylvania Ave., N.W.
Washington, D.C. 20500
RE: Equal Access to Justice Act
Dear Mr. Fielding:
At the meeting of the House of Delegates of the
American Bar Association held February 7-9, 1983, the
attached resolution was adopted upon recommendation
of the Section of Administrative Law. The action
taken thus becomes the official policy of the
Association in this matter.
This resolution is transmitted for your information
and whatever action you may deem appropriate. Please
do not hesitate to let us know if you need any
further information, have any questions or if we can
be of any assistance.
Sincerely yours,
F.W F. Wm. McCalpin mcCagin
FWM/BAH/kab
Enclosure
0716L/1572T/1573T
CC: William H. Allen, Esquire
Chairman, Section of Administrative Law
Marion Edwyn Harrison, Esquire
1155 EAST 60TH ST., CHICAGO, ILLINOIS 60637 TELEPHONE (312) 947-4000
REPORT 102B
BE IT RESOLVED, That the American Bar Association
opposes the automatic release of net worth exhibits and
supporting financial information ("net worth information")
submitted in conjunction with fee award applications under the
Equal Access to Justice Act.
AND BE IT FURTHER RESOLVED, That the American Bar
Association supports procedural protections providing to those
who submit net worth information the opportunity to act to
ensure that such information is kept confidential by
administrative agencies in administrative adjudications under
the Equal Access to Justice Act. Such protections include the
following:
1. An applicant objecting to the public disclosure
of net worth information should have the opportunity to submit
any portion of a net worth exhibit or other document ("net
worth document") direc ly to the adjudicative officer (e.g., an
administrative law judge) ruling on the fee award application
in a sealed envelope labeled "Confidential Financial
Information."
2. An applicant objecting to public disclosure
should have the opportunity to file a motion to withhold the
information from public disclosure.
3. The material in question should be served on
counsel representing the agency against which the applicant
seeks a fee award but need not be served on or disclosed to any
other party to the proceeding.
4. If the adjudicative officer determines that the
net worth information should be kept confidential and should
not be disclosed, any net worth document should remain sealed,
pending a subsequent request to inspect or copy the document
under the Freedom of Information Act. An FOIA request
pertaining to a sealed net worth document should be disposed of
in accordance with the agency's established FOIA procedures.
AND BE IT FURTHER RESOLVED, That the American Bar
Association urges that courts dealing with fee award
applications under the Equal Access to Justice Act adopt
procedures to protect the interests of applicants, where
appropriate, in preserving the confidentiality of financial
information submitted by them.
1432T/3
ABA
OFFICERS BRIEFING SESSION
(Tentative Agenda)
March 17, 1985
9:30 a.m.
The White House
Fred Fielding, Counsel to the President
Richard A. Hauser, Deputy Counsel to the President
10:45 a.m.
The Department of Justice
*Hon. Edwin Meese III, Attorney General
*Lowell Jensen, Acting Deputy Attorney General
Phillip D. Brady, Acting Assistant Attorney
General, Office of Legislative Affairs
James M. Spears, Acting Assistant Attorney
General, Office of Legal Policy
12:00 noon
Luncheon
Monocle Restaurant on Capitol Hill
107 D Street, NE
Guests: *Hon. Robert Dole, Majority Leader,
United States Senate
*Hon. Alan K. Simpson, Majority Whip,
United States Senate
1:30 p.m.
The Senate Judiciary Committee
Hon. Strom Thurmond, Chairman
Hon. Joseph R. Biden, Jr., Ranking Minority Member
Dennis W. Shedd, Chief Counsel
Mark H. Gitenstein, Chief Minority Counsel
3:00 p.m.
The House Judiciary Committee
Hon. Hamilton Fish, Jr., Ranking Minority Member
Elaine M. Mielke, Chief Counsel
Alan F. Coffey, Jr., Chief Minority Counsel
*Awaiting final confirmation.
0861b
AMERICAN BAR ASSOCIATION
LEGISLATIVE ISSUES
Current through October 1984
"Indicates Critical Legislative Priority issues for 1 year period beginning February 1984
*Indicates Very Important Legislative Priority issues for 1 year period beginning February 1984
+ Indicates legislation enacted or objective achieved; entry retained for reference
"R" indicates reaffirmation of policy by House of Delegates
de novo proceedings conducted by the
Administrative Law
Comptroller of the Currency and by the
Federal Home Loan Bank Board, with due
opportunity for the parties to comment
Administrative Conference of the United
thereon, and support a prohibition on
States. Support retaining the public
ex parte communications between the
membership of the ACUS and support
staff and the agency head. 2/77
adding certain functions to ACUS. 6/79
Benefit Programs for the Elderly. Urge
Administrative Law Judges. Support
the federal government to establish
legislation to exempt ALJs from Civil
uniform procedures for administering
Service veterans' preference hiring
its benefit programs for the elderly.
requirements and support legislation
2/80
with respect to the appointment, tenure
and discipline of ALJs. 8/76; 6/79
Bumpers Amendment. Support legislation
strengthening judicial review of
Administrative Procedure Act
federal agency action. 8/79
Amendments. Support a package of APA
amendments relating to definition of
Civil Aeronautics Board Decisions.
"Rule, "appeals boards, uniform rules,
Support legislation removing, in all
subpoena power, judicial review of
but international security cases, the
agency proceedings, compulsory process,
role of the President in reviewing
etc. 8/70; 8/79; 2/81
Civil Aeronautics Board decisions
concerning the award of foreign air
Attorneys' Fees. Urge Congress to enact
routes to domestic carriers. 8/54; 8/74
legislation which would (1) establish
uniform principles for the regulation of
Congressional Review of Presidential
attorneys' fees in proceedings before
Action. Support congressional review
federal administrative agencies; (2)
of the exercise of certain con-
provide for reasonable fees; and, (3)
gressionally delegated Presidential
implement through the administrative
actions which involve quasi-legislative
rule-making process. 8/80
powers by including in each statute
delegating a particular power a time
Bank Chartering and Branching
limit on the limit on the use of that
Proceedings. Support making public the
power and authority for the President
staff findings and recommendations in
to withdraw or modify his action in
light of any intervening congressional
resolution. 8/79
Congressional Veto of Agency
the absence of any preliminary show
Regulations. Oppose legislation
of lack of effectiveness to prevent
providing for congressional review of
unfair or deceptive acts, especiall
agency regulations, which would become
areas of codes of ethics, disciplin
effective only after the expiration of
rules and commercial and business
a set time, unless expressly vetoed by
practices. 8/83
Congress. 8/79
Federal Trade Commission Rulemaking
Debt Collection. Support legislation
Power. Urge Congress to limit the
authorizing contracts by appropriate
rulemaking power to regulate practi
federal agencies to retain private
that are deceptive or are widely
counsel to collect debts owed to the
condemned by legislation, decision,
U.S. 8/84
prevalent community or industry
standards, and to repeal FTC power
Discipline of Lawyers. Support
make rules based on unfairness. 8/8
legislation to bar federal agencies
from prescribing rules of conduct and
Freedom of Information Support
discipline for attorneys practicing
amendments to FOIA which would (1)
before federal agencies except as
balance more carefully interests of
necessary to maintain order in
private and public parties; (2) pro
proceedings before an agency or to
increased protection for financial,
conform with action taken by state
commercial and business information
disciplinary boards; undertake the
(3) define the term "agency record"
development of a model enforcement
(4) strengthen or create exemptions
mechanism for the discipline of lawyers
pertaining to national security and
who practice before administrative
intelligence, law enforcement rules
agencies. 8/80; 8/82
manuals, and national security and
criminal investigatory records. 8/7
Ex Parte Communications in Rulemaking
2/82; 2/83; 8/83; 2/84.
Proceedings. Support legislation
prohibiting such communications between
Governmental Intervention in the
private parties and government
Economy. Endorse the principle that
personnel. 2/59; 8/70; 8/75
lieu of governmental intervention,
reliance be placed upon the competi
Federal Trade Commission Act
market as regulator supported by
Amendments. Support legislation to
antitrust laws; support several
amend Section 5 of the Federal Trade
enumerated analytical principles to
Commission Act to define unfair acts or
avoid unnecessary regulation. 2/79
practices as those "which have resulted
in or will cause substantial injury to
Management of Administrative Agenci
consumers, and such injury is neither
Urge agencies to reduce delay and
reasonably avoidable by consumers
improve management by making greate
themselves nor outweighed by
use of informal rulemaking, agency
countervailing benefits to consumers of
delegation of final authority to
competition." 8/82
presiding officers and staff appeal
boards, and certain management
**Federal Trade Commission Regulation
procedures subject to an outside au
of Lawyers. Oppose legislation
8/78
authorizing the Federal Trade
Commission to preempt traditional state
Modified Administrative Procedure.
regulation of the legal profession in
Support an amendment to the APA to
-2-
provide a category of modified
procedure in cases now heard on the
Review of Proposed Regulatory Action
record for the purpose of determining
Support issuance of Executive Order
whether a formal trial-type hearing is
directing federal agencies to prepar
necessary. 2/79
regulatory analysis and inter-agency
review of the impact that important
Policy Consulting Boards. Recommend
proposed regulatory actions would ha
that the federal regulatory agencies
on the achievement of all relevant
consider establishing broadly
statutory goals. 8/79
representative boards to help solve
policy problems assigned to them. 2/79
Rulemaking Procedures. Support
legislation amending Section 553 of
Presidential Intervention in Regulatory
Administrative Procedures Act to
Process. Support statute authorizing
require hybrid, or more stringent,
President to direct regulatory agencies
procedures in informal (notice and
to consider the issuance/modification
comment) rulemaking. 8/81
withdrawal of regulations which affect
both national interest and the agency's
SSI Reform. Urge the enactment of
statutory goal (s). 8/79
legislation such as H.R. 5341, S.256
(98th Congress) to resolve
Public Participation. Support the
administrative inequities and anomal
principles of the payment of attorneys'
in programs such as SSI to enhance tl
fees and costs by the government in
efficiency, effectiveness, fairness a
administrative proceedings and the
accessibility of such programs. 8/8
judicial review of such proceedings
considered to be in the public
SEC Standards of Conduct. Urge
interest. 2/77; 2/78
Securities and Exchange Commission t
refrain from adopting proposed
Race to the Courthouse. Support
standards of conduct constituting
legislation to provide that petitions
unethical practice by lawyers before
to different U.S. courts of appeals for
the Commission. (See also Discipline
judicial review of agency action filed
Lawyers.) 11/81
within five days of final agency action
be treated as simultaneously filed, and
Sunset Legislation. Support a limited
that the appellate court be chosen by
form of sunset legislation, provided
random selection. 2/83
several considerations are met, which
would require periodic review by the
Regulatory Reform. Support and oppose
Congress of federal regulatory
numerous amendments to the Administra-
agencies. 2/78
tive Procedure Act, and other statutes,
to decrease federal regulation, to
Veterans Administration. Support
streamline and simplify regulatory
legislation to empower the federal
procedures, and to provide for improved
courts to review decisions of the VA
coordination among federal agencies and
and to lift the $10 restriction on
increased public and private oversight
attorneys fees paid for representing
of regulatory action. Many entries
veteran in VA proceedings. 8/75; 8/1
under Administrative Law which pertain
to the federal regulatory process and
Wage-Price Controls. Support princip
the Administrative Procedure Act are
concerning public notice and
subsumed under Regulatory Reform. 2/78;
participation and administrative due
8/78; 2/79; 6/79; 8/79; 8/80
process in any program or voluntary (
-3-
mandatory federal controls. 2/75
National Productivity and Innovatio
Act of 1983. Support passage of Ti
II-V of the Act subject to certain
modifications and qualifications
I
Admiralty and Maritime Law
oil Divestiture. Issue of divestitu:
of vertically integrated oil compan.
Maritime Law. Support federal
control over the exploration,
legislation to insure uniformity of
extraction, refining and sale of
maritime laws. 8/76
petroleum products. (No position)
Tunney Act. Oppose expanding the
Antitrust Law
Tunney Act to compel judicial review
voluntary dismissals of antitrust
proceedings brought by the U.S. and
Competition Improvements Act. Oppose
more extensive judicial and third-pa
the introduction into federal
roles in approval of consent judgmer
regulatory agency proceedings of
subject to the Act. 8/84
excessively competitive consideration
such as contained in the proposed Act.
Unfair Competition Act of 1967. Supp
8/76
enactment of the Act, with amendment
prohibiting misrepresentation or
Federal Trade Commission Act. Oppose
misappropriation in any trade practi
amendments to Section 10 expanding FTC
or course of conduct in commerce. 2,
authority to enforce compulsory process
5/75
and to increase fines for failure to
comply; support expanded rights of
respondents to challenge compulsory
process. 2/76
Attorneys, General Practice
Franchising Termination Practices
Reform Act. Oppose Act or similar
enactment of overly restrictive and
+Attorney Fee Shifting. Support
rigid rules for termination and
legislation to permit courts and
nonrenewal of franchise agreements. 2/78
administrative agencies to award
attorneys' fees to a private party
Illinois Brick. Oppose legislation to
prevailing against government where
overturn the Illinois Brick decision by
public benefit results and economic
permitting a) state attorneys general
interest is small. 2/78
to bring antitrust actions as parens
patriae on behalf of natural persons
Compensation for Assigned Counsel.
and b) allowing state and federal
Support action by Circuit Judicial
government entities to sue as ultimate
Councils to provide compensation for
purchasers. 8/84
assigned counsel in criminal cases
comparable to that paid for private
Industrial Reorganization Act. Oppose
counsel for similar services. 2/74
the Act or principles contained in
similar legislation, which would
Equal Access to Justice. Support
reorganize at least seven concentrated
amendment to Act providing boards 0
industries and declare monopoly power
contract appeals with authority to
per se unlawful 2/74
award attorney fees and costs under
-4-
Act. (See also Attorney Fee-Shifting.)
2/82; oppose proposals to restrict
Release of Net Worth Information.
eligibility or to impose arbitrary
Oppose the automatic release of net
limits on hourly fees for private
worth information in conjunction with
attorneys that might be recovered from
fee award applications under the Equa
the federal government. 8/82; support
Access to Justice Act; support certai
extension of Act to include social
procedural protections which provide
security Administrative hearings. 4/84
those who have filed such information
the opportunity to keep it
Federal Disciplinary Jurisdiction and
confidential. 2/83
Proceedings Against Lawyers. Oppose
federal legislation establishing rules
governing and allowing proceedings in
federal courts against lawyers admitted
Banking, Finance and Securities Law
to federal practice, and granting
prosecutorial discretion to U.S.
Attorneys to initiate such
Banking Reform Act of 1971. Oppose
proceedings. 8/75; 2/76
provisions of the Act prohibiting a
director, officer, employee or the li
Federal Government Attorneys. Support
of a commercial bank, S&L association
the establishment of Attorney
or mutual savings bank from
Classification Standards Boards within
representing a customer in connection
each federal agency or centrally within
with a transaction with the
the Department of Justice to evaluate
institution. 4/71
the professional competence of
individual attorneys. 2/78
Federal Securities Code. Support the
Code in the form proposed by the
Federal Statutory Charging Lien for
American Law Institute and recommend
Attorneys. Support legislation
its enactment by the Congress. 2/79
creating liens for attorneys whose
clients obtain judgments against the
Uniform Limited Offering Exemption
United States. 2/74
(ULOE). Favor adoption of the ULOE a
adopted by the North American
Fee Limitations on Federal
Securities Administrators Association
Administrative Proceedings. Support
subject to three qualifications. 8/8.
removal of any statutory or
administratively-imposed limits on the
award or payment of attorneys' fees.
Bankruptcy Law
2/73-R-2/75; 2/76; 8/76
Law Book Publishing Practices. Support
*Bankruptcy Court Judges. Urge
and encourage compliance with FTC
Congress to adopt legislation regardi
guides to protect lawyers and law
the bankruptcy courts that would
libraries against unfair and deceptive
continue the judges as Article I
publishing practices. 2/76
adjuncts of the district courts,
vesting in federal district courts
Professional Discipline. Support the
jurisdiction for all cases arising
adoption of the Model Federal Rules of
under bankruptcy laws, authorizing th
Disciplinary Enforcement by the
bankruptcy courts to exercise distric
Judicial Conference of the U.S. and by
court jurisdiction but allowing
each federal court. 2/78
district courts to recall cases in
-5-
which the parties have not consented to
federal government to follow policy of
bankruptcy court jurisdiction and
strict adherence to Indian treaty
authorizing district courts to refer
obligations except for compelling
any recalled case to a bankruptcy judge
circumstances of national security or
as a special master or magistrate.
emergency. 2/80
9/82; 2/83
Japanese American Detentions. Urge
Insolvency Proceedings. Support
appropriate legislative recognition to
legislation amending Sections 3466 and
those denied equal justice under law
3467 of the U.S. Revised Statutes
during WWII detention of Japanese
dealing with priority of government
Americans.
claims in insolvency proceedings not
conducted under the Bankruptcy Act.
Mentally Disabled Advocacy Programs.
2/77
Urge the establishment of advocacy
programs for the representation of the
+Revision of Bankruptcy Laws. Support
mentally disabled and call on the Lega
in principle legislation, such as HR
Services Corporation to increase its
8200, 95th Congress, to provide a
activities in this area. 8/78
comprehensive bankruptcy law, provided
separate bankruptcy courts are not now
National Constitutional Convention.
established and a planning agency is
Support legislation to provide
created to study the appropriate
recommended procedures and controls fo
stature for bankruptcy courts. 2/78;
a national constitutional convention.
8/78
8/73
Physically Handicapped. Support
efforts to insure access to public
Civil Rights and Constitutional Law
buildings and transportation for the
physically handicapped. 8/76
*Equal Rights Amendment. Support
President's Commission on Mental
ratification of the proposed 27th
Health. Commend the report of the
Amendment to the Constitution. 2/72;
Commission as a valuable study and
8/74
endorse those recommendations providin
for protection of the human and legal
Fair Trial/Free Press. Support
rights of the mentally disabled [the
balanced approach to fair trial/free
report's section entitled "Protecting
press issues (proposed standards). 8/76
Basic Rights." 8/78
Financing of Abortions for Indigent
+Rights of Institutionalized. Support
Women. Support legislation on the
legislation to permit U.S. Attorney
federal and state level to finance
General to bring suit on behalf of
abortion sevices for indigent women.
persons confined in state institutions
8/78
8/76
Handicapped Persons Employment. Support
Sex Discrimination in Employment.
federal, state and local legislation
Support federal and state legislation
designed to further equal employment
assuring that prohibitions against sex
opportunities for the handicapped. 8/77
discrimination in employment will also
prohibit employment discrimination
Indian Treaty Obligations. Urge
because of pregnancy. 2/78
-6-
Sex Discrimination in Public
in other agencies' proceedings and
Accommodations. Urge the amendment of
seeking judicial review of such
the Public Accommodations section of
proceedings. 8/72
the 1964 Civil Rights Act to prohibit
sex discrimination in public
Department of Justice Class Actions
accommodations, provided however that
Oppose provisions of class action
such amendment not require access by
reform such as the partial transfer
both sexes to the same facilities where
the Justice Department of control O'
legitimate privacy concerns are
private class actions and using the
involved. 8/80
class action for punitive as well a:
compensatory purposes; support Rule
Subversive Activities Control Act.
of the Federal Rules of Civil Proce
Oppose amendments to the Act to Insure
in its present form. 8/74; 2/79
the taking in good faith of the consti-
tutional oath of office by federal
employees, on grounds that procedures
to insure such good faith violate the
Corrections
1st and 5th Amendments. 2/74
Agreement on Detainers. Support eve.
state and the federal government
Congress
becoming a party to agreements on
detainers. 8/62-R-5/73
Code of Investigative Procedure.
Certificates Setting Aside Convicti
Support adoption of congressional rules
Support legislation to establish lii
requiring consent of witnesses before
for such certificates. 8/73
testimony is broadcast or reproduced.
8/74
Discrimination in Employment. Suppo:
elimination of employment discrimina
Witnesses. Support, in the U.S. House
tion in correctional systems. 8/75
and Senate, rules providing that no
witness shall be compelled to give
Ex-Offender Employment. Support
testimony in any hearing for public
elimination of law putting limitati
broadcast. 8/74
on employment and occupational
licensing of ex-offenders. 8/75
"Gate-Money". Support provision of
transitional financial assistance to
Consumer Law
prison releasees. 8/76
Prison Work-Release Programs. Suppo:
Agency for Consumer Protection. Support
elimination of procurement policies
creation of federal agency to advocate
which discriminate against such
the views of consumers by intervening
programs. 2/74
Courts/Judges/Procedure
(For additional policy positions, s
-7-
the ABA Standards Relating to Trial
courts or curtail it by precluding a
Courts and Standards Relating to Court
resident plaintiff from invoking
Delay Reduction).
federal jurisdiction. 6/78
Additional Judge for D.C. Circuit. Urge
+Division of the Fifth Circuit. Suppo
Congress to enact legislation which
legislation to divide Fifth Circuit
would provide for an additional judge
into two autonomous units; one to be
for the U.S. Court of Appeals for the
composed of the States of Louisiana,
District of Columbia Circuit. 8/80
Mississippi and Texas, and the other
be composed of the States of Alabama,
+Annuity Payments. Support legislation
Florida and Georgia. 7/80
to discontinue annuity payments to
former federal employees while they are
Federal Court Calendar Priorities.
serving as justices or judges of the
Support repeal by Congress of all
U.S. 2/80
statutory provisions requiring any
category of civil case, other than
Appellate Court Procedure. Support
habeas corpus, to receive considera-
legislation creating a Commission on
tion prior to any other category of
the Federal Judiciary System and making
case. 2/77
improvements in federal appellate court
procedure. 8/76
Federal Courts Improvement. Support i
part and oppose in part certain
Bankruptcy Judges' Retirement. Support
provisions of the omnibus court refor
enactment of legislation to establish a
legislation; e.g., oppose creation of
judicial retirement system for
Federal Circuit Court of Appeals, U.S
bankruptcy judges. 2/82
Claims Court and U.S. Court of Tax
Appeals, and support in principle the
Cameras in the Courtroom. Consistent
deleted provisions of the Federal
with the right to a fair trial and
Courts Improvement Act of 1979,
other express conditions, a judge may
permitting a circuit court of appeals
authorize broadcasting, televising,
to entertain an appeal from an
recording and photographing of judicial
interlocutory order in a civil action
proceedings in courtrooms. 8/82
under certain circumstances. 8/79;
10/79; 2/80
Certification of State Law Questions.
Urge states to adopt a procedure
Federal Court Study Commission.
whereby the highest state court may
Support creation of a temporary feder
answer a question of state law
court study commission consisting of
certified from an Article III Federal
representatives from the three branch
court in certain circumstances. 2/83
of Government. 4/83
Court Costs and Delay. Encourage all
*Federal Court Subject Matter
courts, court supervisory bodies, and
Limitations. Oppose legislation to
state and local bar associations to
curtail the jurisdiction of the Supre
take an active role in reducing delay
Court of the United States or the
and excessive costs in litigation. 8/81
inferior Federal courts for the purpo
of effecting changes in constitutiona
*Diversity Jurisdiction. Oppose
law. 8/81; 6/82
legislation that would either abolish
diversity jurisdiction in the federal
Federal Judgeships. Support legislati
creating additional district and
-8-
appeals court judgeships. 2/74; 2/77;
judges, represented by such legislat
8/81
as the Judicial Survivors' Annuities
Reform Act of 1982. 10/82
**Federal Judicial Compensation.
Support increases from current level
Juror Fees and Service. Support
and continuing, more frequent future
legislation increasing fees and
increases to keep pace with cost of
allowances for jurors serving on
living in order to retain qualified
Federal juries and witnesses appearir
federal judges; oppose legislation such
in U.S. Courts, and providing for a
as the proposed Federal Judicial Salary
civil penalty and injunctive relief
Control Act, S.1847, 97th Congress,
the event of discharge or threatened
which would subject the federal
discharge of an employee because of
judiciary to the annual authorization
Federal jury service. 2/78
process of Congress. 2/77; 12/80; 4/81
Juror Rights. Support federal
Federal Judicial Rulemaking. Support
legislation to improve statutory righ
changes in relevant statutes and
of jurors in federal court cases. 8/E
procedures applicable to adopting
federal rules including vesting
Jury Service. Support legislation tc
rulemaking authority in the Judicial
require that excuse of prospective
Conference of the United States,
jurors from federal jury service on t
assuring broad representation of legal
grounds of distance from trial be bas
profession on Advisory Committees of
on demonstrated hardship. 2/78
Judicial Conference performing that
function, and promoting openness in
+Magistrates Jurisdiction and
rulemaking process. 2/82
Selection. Approve in principle the
procedure for selection of U.S.
Judicial Compensation. Urge federal
magistrates by panel, and support
and state governments to adjust
legislation to enlarge jurisdiction C
compensation schedules for judicial
federal magistrates in both civil and
officers, to provide relief from
criminal cases. 8/77: 8/79
inflation. 8/80
Marshals Service. Support legislatic
+Judicial Discipline. Support in
which would allow the Attorney Genera
principle legislation which provides
to prescribe by regulation fees now S
machinery for judicial discipline short
by law for the service of documents b
of removal, while continuing to support
the U.S. Marshals Service. 2/78
legislation which provides for removal
of unfit judges. 8/80
Merit Selection of Judges. Establish
procedures to encourage the appointme
Judicial Removal. Support legislation
of all federal judges strictly on the
providing for the removal or censure of
basis of merit and without regard to
unfit federal judges by means other
extraneous political considerations.
than impeachment, but oppose coverage
8/72; 8/77; 8/80
of Supreme Court justices, in such
Urge all presidential candidates
legislation as the Judicial Tenure Act.
to disavow any platform plank
8/72; 8/77
inconsistent with concept of merit
selection. 8/80
**Judicial Survivors' Annuities.
Support enactment of improvements in
*Minor Disputes Resolution. Support
annuities paid to survivors of federal
appropriations to implement the Dispu
-9-
Resolution Act which would provide
courts. 2/79
federal funds to states to create or
improve small claims courts and such
Transfer of Venue. Support legislat.
other means of dispute resolution as
permitting a federal court, when in
mediation and arbitration. 8/77
interest of justice, to transfer an
improperly filed case to the
National Court of Appeals. Support
appropriate U.S. court. 8/79
legislation creating such a court to
which cases could be referred by the
U.S. Small Claims Court Jurisdiction
Supreme Court. Oppose granting to the
Support legislation to clarify that
new court jurisdiction to hear cases
jurisdiction of U.S. Small Claims Cc
transferred from the regional courts of
encompasses all "bid protest" cases
appeals, Court of Claims and Court of
establish that the Claims Court and
Customs and Patent Appeals. 2/76
district courts in such cases have
concurrent and coextensive
Peremptory Challenges. Urge enactment
jurisdiction. 8/84
of legislation permitting the
peremptory challenge of a federal
Voir Dire. Support voir dire amendme
district judge, magistrate or
to Federal Rules of Civil Procedure
bankruptcy judge in civil cases. 2/80
Federal Rules of Criminal Procedure
permit counsel to conduct an oral
Spanish in the Courtroom. Support
examination of prospective jurors.
legislation providing that certain
2/75; 8/76; 2/81
proceedings and pleadings of the U.S.
District Court of Puerto Rico be
+Women Federal Judges. Support
conducted in Spanish and that
notification to the President urging
Spanish-speaking Puerto Ricans serve on
his consideration, in the appointment
grand and petit juries in proceedings
process, of the fact that there are
before same court. 2/80
extraordinarily few women federal
judges. 8/75
State Justice Institute. Support
enactment of legislation such as the
State Justice Institute Act of 1981
(97th Congress) to provide federal
Criminal Law/Procedure
financial assistance to state courts.
2/82
(For additional policy positions, se
**Social Security Amendments Act of
the ABA Criminal Justice Standards,
1983. Support legislation to postpone
Juvenile Justice Standards and Crim.
to January 1986 the effective date of
Justice Mental Health Standards.)
Section 101 (c) of the Social Security
Amendments Act of 1983. 6/83; Support
+Anti-Arson Act. Support the enactment
legislation to remove social security
of legislation similar to S.294 (97
tax on compensation of senior status
Congress), the "Anti-Arson Act of
judges. 8/83
1981", which would establish a conci
national strategy to combat arson (1
Supreme Court Mandatory Jurisdiction.
97-298). 8/81
Support legislation to abolish all
cases of obligatory Supreme Court
Anti-Crime Patrol Groups. Oppose
review by appeal except for appeals
legislation providing for funding 0
from determinations by three-judge
citizen patrol groups. 8/72
-10-
Criminal Code. Support recodificati
Armed Career Criminal Act. Oppose the
of all federal criminal laws and fave
Armed Career Criminal Act of 1983 (S.52
numerous specific amendments to and
of the 98th Congress) or similar
deletions from such code. 2/73; 8/73
legislation. 2/84
8/75; 2/79; 8/79
Attorney General. Support restrictions
Criminal Justice Act. Urge Congress
on appointments of person to be
increase, or to provide a mechanism 1
Attorney General who played "leading
administratively increasing, the per
partisan role" in President's political
hour and maximum total amount of
campaign. 2/76
compensation authorized under the
Criminal Justice Act of 1964 so that
Bail Reform Act. The ABA Standards on
attorneys receive reasonable
Pretrial Release (chapters 20 & 21)
compensation in accordance with
adhere to a strong policy preference in
prevailing standards. 2/82
favor of the release of defendants
pending trial, with limited exceptions
Criminal Justice Financial Assistance
based upon a defendant's specific acts
Support legislation to provide federa
or omissions.
financial assistance to states and
localities to help their crime-fighti
Capital Punishment. Oppose in
efforts. 2/79
principle capital punishment for any
offense committed while under the age
Criminal Justice Information. Suppor
of eighteen. 8/83
legislation to restrict unauthorized
and harmful dissemination of criminal
Computer Crimes. Support, subject to
justice data identifiable to a person
certain conditions, legislation to
2/76
establish federal jurisdiction
concurrent with state jurisdiction over
Decriminalization of Marijuana.
certain crimes committed against or
Support the decriminalization of the
through the use of computers. 8/79
personal use or simple possession of
marijuana and treatment of the casual
Control of Gambling. Support federal
distribution of small quantities as
assistance to states in control of
simple possession. 8/72; 8/73. See
illegal gambling. 2/70
also entry under Health/Mental Health
Counsel in Death Cases. Urge the
+Division of Government Crimes.
Supreme Court to adopt a rule providing
Support statutory establishment of su
for appointment of counsel to pursue
a division in the Department of
postconviction remedies in death
Justice. 2/76
penalty cases, and recommend that the
Criminal Justice Act be amended to
*Exclusionary Rule. Support retentic
provide for adequate compensation to
in its current form of the exclusiona
counsel in such cases. 2/79
rule and oppose legislation which wou
restrict the application of the rule.
*Crime Victims Compensation. Support
2/73
legislation to compensate victims of
federal crimes and authorize payment to
Extradition. Support the Uniform
states to carry out the program.
Extradition and Rendition Act
B/66-R-5/74
promulgated in 1980 by the NCCUSL. 2/
-11-
Fair Treatment of Crime Witnesses/
amendment which would eliminate the
Victims. Adopted a set of 13
requirement of an indictment in
Guidelines for Fair Treatment of Crime
criminal cases and support legislati
Victims and Witnesses in the Criminal
implementing 3 improvements in grand
Justice System. 8/83
jury proceedings, including the righ
to counsel and limiting the use of
FBI Charter. Support in principle
hearsay. 8/75; 8/77; 8/80; 2/81; 2/
legislation to establish a statutory
charter for the FBI and urge inclusion
Graymail. Support enactment of
of several provisions, e.g., civil
legislation which will balance the
cause of action exclusively against the
needs of government and the rights O:
United States to redress serious abuses
defendants in cases involving possib.
of investigatory authority. 2/80
disclosure of classified information
and to accomplish this, recommend,
+FBI Director. Support enactment of
inter alia, the utilization of a
legislation providing for a definite
mandatory pretrial conference on mot.
term of office of the Director of the
of either party. 2/80
FBI. 2/76
*Gun Control. Support legislation
FBI Jurisdiction. Support legislation
limiting the sale or possession of
carefully defining the responsibilities
"Saturday Night Special" handguns, ar
of the FBI. 2/76
favoring numerous other law changes i
such areas as sentencing to effectuat
Federal Rules of Criminal Procedure and
strong federal gun control. 2/73; 8/7
Evidence. Support numerous amendments
2/83
to the rules. 2/77; 2/79; 8/79; 8/80
Habeas Corpus. Oppose legislation, su
Federal Witness Immunity Act. Urge
as S.653, 97th Congress, which would
amendment of the Act to permit the
restrict access to federal courts in
court to compel a defense witness to
habeas corpus actions, and support
testify over a claim of privilege
adoption of reforms to improve habeas
against self-incrimination. 8/80
corpus proceedings. 8/82
+Foreign Intelligence Surveillance
Immigration and Nationality Act
Act. Support enactment of the Act with
Amendments. Oppose amending Act to
amendment, to authorize applications
provide for forfeiture of vehicles us
for a court order approving the use of
in illegal transportation, concealmer
electronic surveillance to obtain
harboring, or smuggling of illegal
foreign intelligence information. 4/78
aliens. 2/80
Government Appeal of Sentences. Oppose
Insanity Defense. Support a defense C
in principle government appeal of
nonresponsibility for crime focusing
sentences on grounds that they are too
solely on whether a defendant, as a
lenient; oppose inclusion of such a
result of mental disease or defect,
provision in pending legislation to
unable to appreciate the wrongfulness
recodify the Federal Criminal Code. 2/80
of his or her conduct at the time of
the offense charged; support allocati
Grand Jury Act. Approve Model Grand
the burden of proof in insanity cases
Jury Reform Act of 1982. 2/82
according to the insanity test
employed; and oppose the enactment o
Grand Jury. Oppose constitutional
guilty but mentally ill statutes. 2/
-12-
Inspector General. Support statute to
instruments. 2/81
perpetuate an Office of Professional
Responsibility, or Inspector General,
Post-Conviction Procedures. Support
in the Department of Justice. 2/76
the Uniform Act promulgated by the
NCCUSL in 1980. 2/81
IRS Jurisdiction. Support legislation
to restrict IRS activities by
Racketeer-Influenced and Corrupt
prohibiting intelligence gathering or
Organizations (RICO). Support
investigations based on political or
amendments to RICO statute including
ideological considerations unrelated to
the replacement of the term
administering laws. 2/76
"racketeering activity" with the phr
"criminal activity." 8/82
Juvenile Court Services. Urge the
Office of Juvenile Justice and
Rape Law Revision. Support for
Delinquency Prevention of DOJ to
redefinition of rape in terms of
support implementation of adequate
persons, amendment of rules of evide
defense and prosecution services in
to protect the victim's privacy and
juvenile courts, and that assessment
other reform measures. 2/75
and support of these services receive
priority attention. 8/84
Reimbursement of Costs. Support
reimbursement of costs, but not
Law Enforcement Activities by White
attorney fees, for non-convicted
House Personnel. Support legislation
criminal defendants. 8/76
to prohibit such activities. 2/76
*Sentencing Reform. Support more
Law Enforcement Assistance
uniform sentencing by a commission to
Administration. Support legislation to
set sentencing guidelines for federal
reauthorize LEAA for 5 years and to
criminal offenses and advocate
make several changes in the existing
provisions which would provide more
LEAA law. 2/79
adequate emphasis on alternatives to
incarceration. 8/68; 8/79
Logging of Contacts with Department of
Justice. Support legislation requiring
+Special Prosecutor. Support
Justice Department personnel to record
amendments to the special prosecutor
all outside contacts. 2/76
provisions of the Ethics in Governmer
Act of 1978, including eliminating
Mandatory Minimum Prison Sentences.
unwarranted investigations of petty
Oppose legislatively- or
matters, limiting the crimes which card
administratively- imposed mandatory
trigger the appointment of a special
minimum sentences or parole, including
prosecutor, and limiting the persons
sentences for drug offenders. (See also
covered. 2/76; 8/82
Sentencing Reform entry) 2/74
+Speedy Trial Act. Support legislat.
Monetary Instruments. Oppose certain
to amend certain sections of the Act
amendments to the Currency and Foreign
relax or suspend certain time limits
Transactions Reporting Act dealing with
and sanctions under the Act. 6/79
attempt to transport, warrantless
searches, and compensation of
Supreme Court Jurisdiction. Oppose a
informants. Support legislation
legislation limiting criminal law
protecting innocent owners of monetary
jurisdiction of the Supreme Court.
5/68-R-5/75
-13-
jurisdiction of the Customs Court and
Task Force on Crime. Support
the U.S. Court of Customs and Patent
"Statement of Proposal" portions of
Appeals, including establishment of a
Task Force on Crime Report on gun
small claims procedure. 6/78; 10/79
control, delays in th appellate
process, resources for criminal justice
Customs Court Jurisdiction. Support
system, corrections, juvenile justice,
legislation granting jurfsdiction pri
and the role of the legal profession.
to administrative exhaustion. 8/76
2/83
Customs Headquarters Consideration of
Unanimous Verdicts. Oppose
Petitions. Support centralized Custo
less-than-unanimous verdicts in federal
Headquarters consideration and
criminal cases. 8/76
disposition of petitions for relief
from civil fines, penalties and
Uniform Alcoholism and Intoxication
forfeitures wherever: (1) the
Treatment Act. Support utilization of
proposed field settlement exceeds
federal funds available to implement
$5,000; (2) the petition involves
the Act and decriminalization of
issues for which there is no clear
alcoholism. 2/75
precedent; or, (3) an issue of law 0
policy is presented and Headquarters
Voir Dire. Oppose FRCP amendments
review is requested. 8/80
prohibiting voir dire by counsel;
propose voir dire amendments to FRCP.
Customs Law Modernization and Reform.
2/75; 8/76; 2/81
Support legislation implementing such
reform. 2/75
Equity Jurisdiction. Support
Customs & International Trade
legislation creating equity
jurisdiction in Customs Court. 8/76
Access to Confidential Information.
General Agreement on Tariffs and Trad
Support amendment of the International
(GATT). Oppose import quota
Trade Commission General Procedures for
legislation which is in conflict with
the Conduct of Investigations and of
the U.S. Obligations under GATT. 2/71
the Trade Agreements Act of 1979 to
insure that corporate counsel have the
International Trade. Urge the U.S.
same right of access to confidential
Government to seek, during current
information under protective orders as
multi-lateral trade negotiations in
do retained counsel. 8/82
Geneva, reform of the procedures for
resolving disputes between nations,
Burden of Proof. Support amendment of
incorporating specified principles. 2
customs laws to provide that a
challenging party in Customs Court
Notice of Liquidation. Recommend tha
shall only have the burden of proving
the U.S. Customs Service institute
that a Customs Service decision was
procedures whereby the official notic
incorrect and shall not also have the
of liquidation of an entry would be t
burden of proving what the correct
date of receipt of a mailed copy of
decision should be. 8/77
that notice. 8/80
+Customs Courts Act. Support
Tariff Act Penalty Provisions. Suppo
legislation to reform and clarify the
legislation making the penalty
-14-
provision of Sec. 592 of the Tariff Act
limits and standards for providing
more uniform and equitable. 8/75
matching federal funds for preside
and congressional candidates. 9/75
Tariff Review. Support legislation
permitting judicial review of agency
Federal Election Commission. Supp
tariff decisions and presidential
the creation and independent
modification thereof. 2/72
functioning of a Federal Election
Commission. 8/75; 2/76
Time Limits for Investigations. Urge
U.S. Customs Service to establish time
Postcard Voter Registration. Supp
limits for different classes of
legislation creating a federal
investigations and to provide notice to
administration and procedures and
the party who is the subject of an
funding for voter registration by
investigation whenever the
for federal elections. 8/74
investigation is terminated. 8/80
Twenty-Fifth Amendment. Support j
congressional hearings pursuant tc
Amendment procedures for filling
Election Law
vacancy in the Office of Vice
President. 8/74
Absentee Balloting. Urge
Vice Presidency. Support retentio
recodification of federal statutes
the constitutional Office of Vice
governing absentee balloting procedures
President and involvement of the V
for military personnel and U.S.
President in the operations of the
Civilians abroad, and granting of
presidency; urge presidential
federal assistance to states that adopt
contenders to announce tentative 1
federal provisions. 8/80
of possible vice-presidential
running-mates, and favor televised
Districting. Support single-member
debate by vice-presidential candid
districting for state legislatures and
in any future presidential debates
certain local governmental entities.
2/81
Voter Participation. Urge the
President to appoint a commission
Election of the President. Support
study the decline in voter partici
proposed constitutional amendment
pation, support the enactment of
providing for election of the President
legislation that encourages voter
and Vice President by direct popular
participation, including fair
vote and abolition of the Electoral
congressional redistricting, and u
College. 2/67-R-5/74; 2/74
the state and local bars to aid th
Association in improving voter
Equal Time Provision of Communications
participation. 2/79
Act. Support legislation repealing
equal time provisions as to
+Voting Rights. Support extension
presidential candidates and amending as
the Voting Rights of 1965, with
to congressional candidates. 8/75
amendments and support effects tes
10/81
Federal Campaign Financing. Support
legislation for federal campaign
financing which includes principles
concerning contribution and expenditure
Energy/Public Utilities
-15-
National Energy Program. Oppose
(For additional policy positions, E
creation of a federal Corporation for
the ABA Standards of Practice for
Petroleum Production and support
Lawyer Mediators in Family Disputes
certain legislative efforts to control
the energy crisis. 8/73; 8/74
+Child Abuse Prevention and Treatme
Act. Support increased effort to
Regulatory Conflicts. Urge Congress to
identify, prevent and treat child a
enact legislation enabling the federal
and neglect and urge Congress to
courts .to resolve by declaratory
support extension of the Act. 8/80
judgments controversies with respect to
jurisdiction to regulate a public
Child Care Resources. Support wider
utility. 5/63-R-5/73
availability of child care resource
for American families through enact
of legislation, tax incentives, and
increased legal assistance from
Environment/Natural Resources
individual attorneys and bar groups
8/83
+Child Snatching in U.S.. Support
+Department of Energy and Natural
several principles relating to the
Resources. Support creation of a
curtailment of child snatching,
federal Department of Energy and
including the enactment of legislat.
Natural Resources. 8/72; 8/73
requiring full faith and credit
recognition of state custody decrees
Environmental Controls. Support
and relevant provisions of the propo
maintenance of environmental standards
Criminal Code Reform Act. 8/77; 8/78
in dealing with actions to meet energy
crisis. 2/74
Child Snatching/International. Urge
approval and ratification of the
EPA Compliance Schedules. Support
Convention on Civil Aspects of
granting EPA authority to temporarily
International Child Abduction as
relax compliance schedules for
proposed by the Hague Conference on
environmental standards in overall
Private International Law. 2/81
public interest. 8/74
Child Support Enforcement Funding. I
Mining Law Revision. Support
Congress to maintain funding system
legislation encouraging mineral
enforcement of family support
exploration and development on public
obligations under Title IV-D of Soc.
lands with regard for environmental
Security Act. 8/82
protection. 8/74
Child Support Orders. Oppose amendme
Private U.S. Investment in Foreign
to law (P.L. 90-321) which imposes
Minerals. Support U.S. Governmental
restrictions on garnishment,
action to assure that foreign
assignments, sequestrations, or like
governments agree not to expropriate
process for enforcement of state or
mineral deposits owned by U.S.
for child support or alimony. 2/78
concerns. 8/73
Family Law
-16-
+Civil Service Annuities. Support
laws. (See also Military Retired Pay.)
legislation recognizing spousal
2/82; 8/82
interests in such annuities. 2/78
Family Violence. Support federal, state
and local efforts to combat family
Federal Government
violence, and recommend the adoption of
certain procedures by the police,
prosecution, and the courts to make the
Federal Tort Claims Act Amendments.
criminal justice system more responsive
Support legislation to amend the
to the problem. 2/78; 8/78
Federal Tort Claims Act which would
substitute the U.S. as defendant in
+Foster Care. Support federal
constitutional tort or Bivens actions
legislation which, among other things,
if it provides for: 1. a waiver of the
will provide funding for child welfare
good faith defense by the government;
services, mandate case review for
2. separate attorney's fees and
children in foster care, and encourage
punitive damage provisions; 3. jury
states to provide families with
trials; and 4. periodic reports by the
services to prevent unnecessary
Attorney General to Congress on the
out-of-home placements. 8/80
actions taken against individuals who
have caused the government to pay.
Garnishments. Support action by the
6/78; 8/83
U.S. Government to assure that
garnishment under Social Security Act
Corporation for Public Broadcasting.
on the salaries and pensions of U.S.
Support establishment and long-range
personnel will be promptly executed.
funding for the federally-funded CPB.
2/78
10/71
+Military Retired Pay. Support
+Department of Justice. Support
legislation recognizing spousal
implementation of increased oversight
interests in military pensions. 8/79;
of department programs through review
2/82
and prior approval of programs by the
Judiciary Committees. 2/76
+Select Committee on Children, Youth
and Families. Support enactment of
+Financial Disclosure by Federal
legislation to establish a Select
Officials. Support in principle
Committee on Children, Youth, and
legislation requiring reasonable
Families. 8/82
financial reporting by federal
officials and employees in positions of
+Social Security Services for
trust and responsibility, based on
Non-Welfare Children. Support extension
seven listed principles. 2/77
of federal reimbursement to states for
costs of services provided non-welfare
Legislative Drafting. Support a set of
children under Title IV-D of the Social
principles to improve quality of bill
Security Act. 2/76
drafting and lawyer involvement in
legislative drafting in executive
+Spousal Interest in Deferred
branch. 8/72; 8/73
Compensation. Support legislation
making all deferred compensation from
Metric System of Weights and Measures.
employment subject to state property
Support federal assistance in
implementing voluntary and complete
-17-
U.S. conversion to the metric system.
regulations codifying rights of
8/75
mentally disabled persons, 8/77
National Institute of Justice. Support
National Health Insurance. See
creation of an independent federal
Insurance.
agency to conduct research and fund
pilot projects aimed at improving the
Nursing Homes. Urge the retention o
justice system. 8/74-R-8/79
effective enforcement mechanisms to
ensure adequate quality of care in
National Law Library. Support the
nursing homes participating in Medi
creation of an independent, separate
and Medicaid. 2/83
department of the Library of Congress
which would include the present law
Review of Medicare Reimbursement
library. 2/79; 2/81
Controversies. Urge Congress to hol.
public hearings addressing the need
Revenue Sharing. Various federal
legislation to ensure efficient
programs provide general and special
administrative and judicial review
revenue sharing to states and
Medicare reimbursement controversie:
localities. (No position)
8/80
U.S. Attorneys. Support implementation
of procedures by which all U.S.
Attorneys would be selected solely on
Immigration Law
the basis of merit. 2/76
U.S. Code Revision and Codification.
*Administrative Appeal. Oppose
Support effort to move forward in
legislation that would not provide f
revision of U.S Code and reenactment of
appeal to an independent body for al
titles into positive law 2/66
persons subject to administrative
orders of exclusion or deportation C
to denial of asylum claims. 2/83
Health/Mental Health
*Administrative Law Judges. Support
legislation that would require
administrative law judges for
Death Definition. Join with the AMA and
immigration proceedings to be appoir
the NCCUSL in creating a uniform public
pursuant to the Administrative
policy position on this legal/medical
Procedure Act. 2/83
issue. 2/81
Administrative Review of Immigration
Medical Use of Marijuana. Support
Appeals. Urge amendment of regulatic
federal legislation to remove
to eliminate the present bifurcated
prohibitions against the treatment of
administrative review of immigration
patients with marijuana under the
appeals BO that the power of ultimat
supervision of a physician with
decision would be vested solely in t
controls adequate to prevent improper
Board of Immigration Appeals.
use. 2/84
2/60-R-5/78; 8/80
Mentally Disabled. Support swift and
Alien Deportation Proceedings. Support
effective implementation by federal and
legislation creating a 10-year statu
state governments of laws and
of limitations on such proceedings.
-18-
2/68-R-5/75
General to adjust the immigration la
status of such refugees, regardless
*Amnesty for Illegal Aliens. Support
numerical quotas, from pafolees to
enactment of legislation recognizing
permanent resident aliens. 8/77
that unlawful aliens now in the U.S.
should be dealt with realistically and
*Judicial Review Availability. Oppos
humanely, and those who are otherwise
legislation to limit availability ar
law-abiding should be accorded a legal
scope of judicial review of
status. 2/83
administrative decisions regarding
reopening and reconsideration of
*Board of Immigration Appeals in
exclusion or deportation proceedings
Department of Justice. Support
asylum determinations on constitutic
legislation creating statutory basis
and statutory writs of habeas corpus
for the Board. 2/58-R-5/73
Oppose legislation to limit to less
than 60 days the time within which
Civil Penalties. Oppose enactment of
petitions for review must be filed.
legislation that would authorize
enforcement of civil penalties without
Judicial Review of Final Orders of
opportunity for adjudicatory hearings
Exclusion. Support enactment of
before administrative law judges. 2/83
legislation creating jurisdiction fc
the judicial review of all final
*Employer Sanctions. Oppose enactment
orders. 8/74
of legislation imposing civil and
criminal sanctions on employers who
Labor Certification Appeals. Support
knowingly hire unlawful aliens. 2/83
legislation to permit decisions of t
Secretary of Labor concerning the
Immigration and Nationality Act of
granting of labor certificates to be
1952. Oppose amendments to Act which
appealed to courts. 2/83
provide for forfeiture of vehicles,
vessels or aircraft used by illegal
Labor Certification Program. Support
aliens. 2/80
amendment of Immigration and
Nationality Act to improve labor
Immigrations Procedures Due Process.
certification and improvement by
Support legislation and regulations
Department of Labor of certification
insuring adequate due process
program. 8/76
safeguards. 10/55-R-5/73
Law Enforcement by State and Local
Immigration Proceedings. Support
Police. Recommend that (1) state and
applicability of Administrative
local police not exercise powers of
Procedure Act to such proceedings.
immigration officer or enforce feder
2/68-R-5/75
immigration laws except in cases
involving alien smuggling; (2) local
*Increased Appropriations for
police inform the INS when they susp
Enforcement. Support provision by
an arrested person is an illegal ali
Congress of sufficient resources to
and (3) local police not interrogate
federal agencies charged with
detained persons regarding suspected
administering immigration, refugee and
immigration law violations. 8/83
fair labor standards laws. 2/83
Presidential Powers in Immigration
Indochinese Refugees. Support
Emergencies. Recommend that
legislation authorizing the Attorney
legislation giving the President bro
-19-
powers in immigration emergencies
primary contribution by private
preserve the right of judicial review
insurers and the preservation of s1
and protect the right to travel. 8/83
regulation of the insurance industi
the extent consistent with the nece
*Right to Counsel. Oppose legislation
federal regulation. 2/72
that wold limit the rights of persons
subject to exclusion, deportation, or
No-Fault Automobile Insurance. Oppc
asylum proceedings to retain counsel.
federal statute establishing, or
2/83
federal standards for, no-fault
insurance programs, and support
Reform of Legal Immigration. Existing
improved state reparations laws.
laws and procedures for admission of
8/72-R-5/79
aliens should be reformed to assure
increased economic and cultural
*Product Liability. Oppose enactmen
benefits to the U.S. from such
broad federal legislation to codify
admission. Aliens should be permitted
tort laws of the 50 states as they
to change their status to that of a
relate to product liability, but
permanent resident even if they have
support federal legislation to addr
not maintained continuous legal status
the issues of liability and damages
since entering the U.S. 2/83
certain occupational disease claims
to allocate product liability risks
*Summary Exclusion. Oppose summary
between the federal government and
exclusion legislation, and support
contractors. 2/81; 2/83
legislation to provide (1) hearings
before immigration judges when entry
Workers' Compensation. Oppose
applicants may not appear to examining
legislation mandating minimum feder:
officers to have required entry
standards for state plans of worker
documentation and (2) hearings for
compensation; urge that workers'
asylum applicant on all issues,
compensation systems remain the
including issues not initially raised
responsibility of states and oppose
in asylum applications. 2/83
federal legislation infringing upon
states' systems. 2/74; 2/80
Temporary Workers. Support legislation
which will preserve rights of aggrieved
persons to pursue administrative,
equitable, or legal remedies where
International Law
employes of non-immigrant temporary
aliens fail to comply with employment
terms. 2/83
Airline Liability. Support modifica
of present system of compensation f
injuries in international air
transportation and support Senate
Insurance Law
ratification of Montreal Protocol #:
2/77
American Convention on Human Rights
Aviation Litigation. Oppose uniform
Support accession of the United Sta
laws in the field of aviation
to the Convention subject to severa
litigation. 2/70
reservations, understandings and
declarations. 8/79
National Health Insurance. Support
-20-
Antitrust Laws Amendments. Support
commission. 8/81; 8/82
enactment of H.R. 5235 (97th Congress)
which would amend the Sherman Act, the
Crimes Aboard Aircraft. Support stro
Clayton Act, and the Federal Trade
U.S. and international measures to
Commission Act to exempt certain
reduce the frequency of, and to puni
conduct involving exports, subject to
such crimes. 2/63-R-5/73
certain technical amendments. 8/82
Declaration on International Investm
Arctic Region. Reject application of
and Multinational Enterprises. Suppo
the "sector principle" in the Arctic
this Declaration as a constructive
region as inconsistent with the general
statement on the responsibilities of
provisions of international law which
government and multinational
are applicable and endorse U.S. efforts
enterprises with respect to foreign
regarding development of living and
investment. 2/77
non-living resources of Antarctica. 8/80
Disarmament and Non-Proliferation of
Attorney-Client Privilege. Urge the
Nuclear Weapons. Support congression
Commission of the European Economic
approval of "Interim Agreement on
Communities to grant the same
Certain Measures with respect to the
protections against disclosure of
Limitation of Strategic Offensive
clients' written communications with
Arms," and urge prompt agreement on
U.S. lawyers that are accorded to such
further measures providing for the
communications with lawyers from member
general and complete disarmament and
states. 2/83
non-proliferation. 8/72-R-5/79
Cabotage Traffic to Non-U.S. Carriers.
Executive Agreements. Oppose
Oppose certain legislation that deals
legislation providing for a
with the right to allow cabotage
congressional veto of executive
traffic to non-U.S. carriers. 8/79
agreements in international affairs.
2/76
"Case Act" Amendments. Support
legislation redefining situation in
Export Administration Act. Urge that
which unilateral presidential
export controls be administered
commitment of funds or troops overseas
according to generally recognized
must be submitted for congressional
principles of international law and
scrutiny as an alternative to
that the Export Administration Act b
congressional veto of executive
applied extraterritorially only in W
agreements. 2/76
consistent with recognized principle
of international law. 8/83
Convention on the Elimination of
Discrimination Against Women. Urge
Export-Import Bank Act of 1945. Supp
ratification of the Convention, subject
extension of the charter of the
to: (1) a reservation to preserve
Export-Import Bank of the United Sta
Federal-State divisions of authority;
through Sept. 30, 1988. 4/83
and (2) a declaration that the
Convention's substantive provisions are
Extraterritorial Application of U.S.
not self-executing. 8/84
Laws. Recommend the implementation o
U.S. government policy requiring
Commission on the International
notification of the State Department
Application of U.S. Antitrust Laws.
before executive departments and
Recommend establishment of a bipartisan
independent regulatory agencies take
-21-
enforcement actions directed beyond the
stockpiling of bacteriological weapo
territory of the U.S.; recommend
8/76
establishment of a national bipartisan
commission to study the international
Hague Convention Abolishing the
aspects of the antitrust laws. 8/81
Requirements of Legalization for
Foreign Public Documents. Support U.
Federal Rules of Civil Procedure
accession to this Convention. 2/75
Amendments. Urge approval by the
Supreme Court and the United States for
Human Rights. Support implementation
changes in Rules 4, 28 and 44 of the
the provisions of the Helsinki Accord
Federal Rules of Civil Procedure, to
especially those concerning human
comply with the Hague Conventions on
rights and humanitarian cooperation;
Service Abroad of Judicial and
encourage the review of implementatic
Extrajudicial Documents, the Taking of
efforts by the Belgrade Conference a
Evidence Abroad and the Abolishing of
the U.S. Commission on Security and
the Requirement of Legalization for
Cooperation in Europe. 2/78
Foreign Public Documents in Civil or
Commercial Matters. 8/83
Inter-American Convention on
International Commercial Arbitration.
Foreign Sovereign Immunities Act.
Support signing and ratification by t
Support amendments to the Act to
U.S., provided conflict is avoided wi
clarify provisions applicable to debt
the Convention on Enforcement of
securities and guarantees issued by
Foreign Arbitral Awards (1958) and
foreign states, arbitration and
appropriate safeguards are provided
maritime liens, etc. 8/84
with respect to future amendments in
the IACIC Arbitration Rules. 2/78
Foreign Secondary Economic Boycotts.
Support efforts by the U.S., on the
International Court of Justice Adviso
basis of uniform national policy, to
Opinions. Urge expansion of advisory
end boycotts imposed by foreign
opinion jurisdiction to include
countries and impacting on U.S.
questions of international law referr
citizens. 8/78
by national courts. 2/82
Free Speech and Press. Support free
International Court of Justice:
speech and press in International fora
Connally Reservation. Support Senate
and support Article 19 of the Universal
repeal of Connally Reservation in ord
Declaration of Human Rights. 2/82
to remove from sole U.S. determinatic
the question of whether an inter-
Gas Warfare. Support implementation,
national legal action subjects the U.
through multilateral agreements, of the
to the jurisdiction of the Court.
Geneva Protocol of 1925 banning gas and
2/47-R-5/73
bacteriological warfare. 8/76
International Covenant on Civil and
Genocide Convention. Support
Political Rights. Support ratificatio
ratification of the Convention by the
of the Covenant subject to several
Senate subject to three understandings
understandings, declarations and
and one declaration. 2/76
reservations recommended to the Senat
by the Departments of State and
Germ Warfare. Support implementation,
Justice. 2/79
through multilateral agreements, of the
Geneva Convention on Biological Weapons
International Covenant on Economic,
of 1972 which bans manufacture and
-22-
Social and Cultural Rights. Support
mining; and support amendments to the
ratification of the Covenant subject to
new Convention's deep seabed regime
several understandings, declarations
responsive to United States concerns.
and reservations recommended to the
8/73; 2/80; 8/83
Senate by the Departments of State and
Justice. 2/79
Letter Rogatory Convention. Support
ratification by the U.S. of the
International Extradition Practices.
Inter-American Convention on Letters
Support legislation to modernize U.S.
Rogatory and the Additional Protocol
international extradition practices
the Convention, and urge Senate to gi
which would preserve the jurisdiction
its advice and consent to ratificatic
of the federal courts to make the
of both, subject to several
initial determination whether
reservations. 8/81
extradition is barred by the political
offense exception and assure that the
Moon Treaty. Favor ratification by th
exception not apply to acts of
U.S. of the "Agreement Governing the
terrorist violence and serious breaches
Activities of States on the Moon and
of international norms applicable in
Other Celestial Bodies." 2/82
armed conflict. 8/83
Nuclear Arms Control. Urge that U.S.
International Sale of Goods
policy on nuclear arms control be bas
Convention. Support signature and
on five principles including the
ratification by the U.S. of the United
pursuit of serious and sustained
Nations Convention on Contracts for the
negotiations to end the nuclear arms
International Sale of Goods, and urge
race. 8/82
Senate to give its advice and consent
to ratification of the Convention
Overseas Private Investment
subject to one reservation. 8/81
Corporation. Support adoption of
legislation to continue OPIC, to
International Terrorism. Support U.S.
increase participation by private
action to encourage ratification of
insurers in writing political risk
relevant conventions by maximum number
investment insurance, and that OPIC
of countries, to stimulate
continue to act as a primary insurer
implementation of these conventions,
political risks, as amendments of the
and to continue development of new
Foreign Assistance Act. 2/77
initiatives. 2/81
Peaceful Settlement of International
Iranian Claims. Commend the efforts of
Disputes. Approve in principle the
the U.S. government to assure full,
concept of the Draft General Treaty 0
fair, and prompt compensation of
the Peaceful Settlement of
American claimants through settlement
International Disputes and support
negotiations and through arbitration by
further study leading to the ultimate
an impartial international claims
consideration of such a treaty. 8/84
tribunal. 8/81
Racial Discrimination Convention.
+Law of the Sea. Support deep seabed
Support accession of the U.S. to the
mining as a freedom of the high seas;
International Convention on the
support important navigation provisions
Elimination of All Forms of Racial
that reflect international custom;
Discrimination, subject to certain
support bilateral and multilateral
understandings and reservations. 8/78
efforts to encourage deep seabed
-23-
Rule of Law. Support independence of
favor adoption by U.S. Congress of t
lawyers, judges and legal processes in
International Will Act. 4/80
foreign countries through ABA
communications to U.S. Secretary of
World Bank. Oppose unilateral
State. 2/75
legislative restrictions.on
contributions to the World Bank and
Settlement of Legal Disputes Between
other international development bank
the U.S. and Canada. Support
which are inconsistent with their
recommendations of the American and
charter. 8/79
Canadian Bar Associations' Joint
Working Group on the Settlement of
Zionism. Oppose and deplore U.N.
International Disputes relating to
resolution branding Zionism as racis
draft treaties on transfrontier
8/76
pollution and third-party settlement of
disputes. 8/79
United Nations. Support and favor
Labor Law
strengthening of the U.N. 8/61; 8/72
U.N. Convention on Recovery Abroad of
Collective Bargaining for Federal
Maintenance. Support accession of U.S.
Employees. Support the concept that
to the Convention and urge the United
legislation be enacted to replace the
States Senate to give its advice and
existing Executive Order as authority
consent to ratification of the
for collective bargaining. 2/76
Convention. 8/80
+Mandatory Retirement. Oppose chang.
United Nations Member States. Oppose
current law and urge Congress to
any limitation on participation in
investigate implications of changes i
General Assembly and all other U.N.
mandatory age retirement law, and
activities by member states. 8/75
request Secretary of Labor to underta
comprehensive study. 2/78
United Nations Representation. Support
adoption of the principles by the U.N.
General Assembly that all nations with
Legal Education
a population over 200 million have an
automatic equal representation with
various regional blocs in all the
Clinical Legal Education. Support
organs and specialized agencies of the
continued authorization of and
U.N. 2/84
appropriations for Title XI program
assistance for clinical legal
Vienna Convention on the Law of
education. 2/72-R-5/74-R-5/79
Treaties. Support Senate ratification
of measure providing for uniform use of
*Council on Legal Education Opportun
international treaty terms and
(CLEO). Support continued authoriza-
procedures embodied in the Vienna
tion of and appropriations for this
Convention. 8/71
program to enable disadvantaged
students to attend law school. 10/67
Washington Convention on the
2/72
International Will. Support
implementation of the 1973 Washington
Convention on the International Will;
-24-
Guaranteed Student Loan Program.
Oppose any budgetary change that would
**Legal Services Corporation. Suppot
exclude law students from eligibility
strengthening of charter and adequate
to borrow under the program and support
funding for Corporation. 2/65-R-5/73;
only those revisions in program that
4/81
take effect in an orderly fashion and
continue to assure law students access
+0lder Americans Act. Urge
to a sufficient pool of credit. 3/82;
reauthorization of Older Americans Ac
4/83
with priority on the delivery of lega.
services to the needy elderly. 4/81
Law-Related Citizenship Education.
Support federal funding for such
Private Lawyer Involvement. Urge
education. 8/75
amendment of the Legal Services
Corporation Act to mandate the
opportunity for substantial involvemer
of private lawyers in providing legal
Legal Services
services to the poor. Urge State and
Local bar associations to cooperate
with LSC grantees to reach local
Center for Defense Services. Support
decisions on delivery of legal service
the establishment of an independent,
to the indigent by the private bar.
federally funded Center for Defense
8/80; 2/84
Services for the purpose of
strengthening state and local criminal
Pro Bono Work by Government Attorneys.
defense service programs. 8/73; 2/79;
Urge that government-employed attorney
related resolution 8/81
not be prohibited or discouraged from
representing pro-bono clients in
Disclosure of Client Information.
general or in actions against the
Oppose provision in HEW Title XX
government SO long as there is no
regulations which requires reporting of
conflict of interest and where
client data. 4/76
representation is consistent with the
rules of professional responsibility.
IRS Audit of Federal Legal Services
8/84
Programs. Oppose disclosure of client
information as part of this audit
procedure. 4/76
Medical Malpractice
Legal Assistance for the
Institutionalized. Support Legal
Services Corporation efforts to provide
Awards for Medical Malpractice.
assistance to the institutionalized
Support several principles relative to
equal to that provided to other
the statute of limitations applicable
eligible clients. 8/75
to such claims; oppose any monetary
ceiling on awards. 2/78
Legal Assistance for Members of the
Military Reserves. Support the concept
Medical Malpractice Insurance and
of armed forces programs providing
Proceedings. Support changes in
legal assistance for members of
existing state programs relating to
military reserves for their personal
confidentiality of disciplinary
affairs prior to actual mobilization in
proceedings, arbitration of disputes,
times of national emergency. 2/77
joint underwriting of policies and
-25-
changes in tort law and procedure. 8/76
Discharge of Armed Forces Personnel
Support legislation establishing
Tort Law and Procedure. Support tort
certian minimum standards of due
law improvements respecting medical
process for administrative discharg
malpractice concerning access to
8/68
medical records, panel of experts,
advance payments, ad damnum clauses,
Federal Rules of Evidence. Support
exchange of experts' reports, itemized
adoption of the Federal Rules of
verdicts, and prejudgment interest. 2/78
Evidence for court-martial trials.
Government Appeals. Support amendm
Military Law
of the UCMJ to allow certain appeal
the government in trials by
court-martial, such appeals to be
Attorney Malpractice. Support
modeled on 18 USC subsection 3731.
enactment of legislation comparable to
Federal Tort Claims Act to provide for
Judge Advocate Career Program. Sup]
an exclusive remedy for individuals
the career program for judge advoca:
asserting claims for malpractice by
serving on extended duty as set fort
Armed Forces legal personnel. 2/78
in standards. 5/73; 8/78
Command Authority for Military
Legal Assistance for Military Persor
Officers. Oppose curtailment of
and Dependents. Support legislation
statutory authority for appointment,
creating a statutory, instead of the
terms of office and grades for Judge
current voluntary, authorizaton for
Advocate flag and general officers in
legal assistance. 2/71; 8/72; 8/75
each of the armed services. 11/81
Military Records Correction. Oppose
Court of Military Appeals. Support
administrative requirements which
retention and strengthening of the
interfere with an applicant's right
Court of Military Appeals by (a)
file an application directly with th
providing full 15-year terms for its
boards for correction of military
judges, and (b) by making its
records. 8/83
retirement system equal to that of
other Article I courts. 8/79
Military Defense Counsel. Support
amendment of the UCMJ to avoid
Courts-Martial. Support amendment of
duplication of military defense coun
Uniform Code of Military Justice to
in trials by court-martial and to
authorize Judge Advocate General to
provide uniform standards for
correct errors not reviewable by the
determining the reasonable availabil
Court of Military Review in court
of requested military defense counse
martial cases. 8/74
8/78
+Courts-Martial Manual. Urges
Military Pay. Urge passage of
executive action to require that, in
legislation which provides for 11.7%
peacetime, all proposed changes to the
increase in basic pay for military
Manual for Court-Martial should be
personnel. 8/80
published in proposed form in the
Federal Register, and a period of at
Military Service As Alternative.
least 60 days thereafter be allowed for
Oppose the practice of offering
public comment in most cases. 8/81
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military service as an alternative to
Patent and Trademark Office. Suppor
prosecution or punishment for criminal
establishment of U.S. Patent and
offenses. 2/81
Trademark Office as a separate and
independent agency. 2/80
Reserve Judge Advocate Program.
Endorse for Reserve Judge Advocates a
Patent Titles. Oppose regulations C
program which includes: an adequate
legislation which automatically vest
number of Reserve Judge Advocates to
in government title to inventions
meet the military's legal needs;
resulting from federally financed
recognition of their professional
research and development contracts.
status; utilization of their civilian
2/65-R-5/73; 8/77
skills; and sufficient military
training. 8/79
+Re-examination of U.S. Patents.
Support re-examination by U.S. Paten
Reserve or Guard Attorneys. Urge that
and Trademark Office of any U.S. pat
attorneys who are also in the Reserve
on the basis of patents and printed
or Guard are not prejudiced by reason
publications not previously consider
of their military affiliation and
with the opportunity for the patente
receive the assistance of the legal
to amend to limit the scope of his
community when ordered to extended
patent. 2/76; 2/80
duty. 8/79
Trademark Registration Treaty. Favo:
Supreme Court Review of Court of
the principle of international
Military Appeals Decisions. Support
registration of trademarks. 2/68; 5/*
creation of Appellate jurisdiction in
the U.S. Supreme Cout to review
Venue for Patent Infringement Cases.
decisions of the Court of Military
Support amendment of the patent venue
Appeals. 8/79
statute to conform to the general
corporate venue statute. 2/77
+Uniform Code of Military Justice.
Support several amendments to code such
+Voluntary Arbitration of
as increasing the number of peremptory
Patent-Disputes. Support legislation
challenges in a general court-martial
providing for voluntary arbitration a
from one to two. 2/78; 8/79
patent disputes, including questions
infringement and validity of patent.
2/74
Patent, Trademark and Copyright Law
Privacy
Paris Convention. Oppose modification
of the Paris Convention for the
Bank Secrecy Act. Support the Act ir
Protection of Industrial Property to
principle to protect privacy of
permit departures from the principles
financial records, but oppose certain
of national treatment and right of
proposed amendments inhibiting the
priority. Oppose utilization of
ability of law enforcement personnel
objectives in any such modification
carry out effective investigations.
that are unrelated or inappropriate to
2/75; 8/74
the purpose of the Convention. 2/76;
8/77; 2/78
Privacy of Criminal Justice Records.
Support legislation to facilitate and
-27-
regulate the exchange of criminal
creation of a commission to study
justice information in a manner to
federal aid arrangements. 8/76
protect against unauthorized use and to
insure privacy. 8/72
Government Contractor Indemnificatio
Support federal legislation allocati
Privacy of Personal Records. Support
product liability risks between the
various principles to protect the
federal government and its contracto
privacy of personal records that are
and providing, in certain instances,
kept by the government or by
indemnity against those risks. 2/83
organizations. 8/79
Labor Standards in Government
Contracts. Urge Congress not to ado
certain proposed regulations relatin
Public Contract Law
to the Davis-Bacon Act, the Service
Contract Act, the Contract Work Hour
and Safety Standards Act, and Execut
Buy-National Laws. Support United
Order 11246 which are inflationary
States participation in negotiations to
beyond its statutory authority or an
establish international norms by
unjustifiable burden to the procurem
government procurement practices to
process. 8/80
eliminate discriminatory effects of
buy-national legislation. 2/78
OSHA Interpretation. Support propos
to allow contract safety provisions
+Contract Disputes Act. Support
contracting agencies to control in di
comprehensive and uniform statutory
of conflict with OSHA regulations. 8
approach to resolution of federal
contract disputes through enactment of
+Renegotiation Act. Urge Congress n
the Act. 2/70; 8/76
to renew the Act nor to provide any
new, similar authority for
Copeland Anti-Kickback Act. Support
renegotiation during peace time. 8/7
amendment of the Act to remove the
8/78
requirement that contractors submit
weekly statements concerning wages paid
Service Contract Act. Support sever
to each employee. 8/77
amendments to the Act relating to wa
rate determinations made by the
Debarment and Suspension. Support
Secretary of Labor. 8/76; 8/78.
enactment of legislation incorporating
Proposals have been made to extend
thirty-six principles of a proposed
coverage to professional employees.
Debarment and Suspension Reform Act.
(No position)
2/82
Small Business Program. Support
Federal Acquisition Act. Support in
establishment by the Office of Feder
principle goals expressed in proposed
Procurement Policy of guidelines,
Act making basic reforms of federal
through regulation, relating to
contracting procedures and authorities.
effective administration of small
8/76; 8/77
business programs. 8/76
Federal Aid Agreements Reform. Support
Vinson-Trammell Act. Support
legislation for the reform of
elimination of profit limitation
agreements between agencies and those
provisions of Vinson-Trammell Act an
carrying out federal aid programs and
oppose adoption of any similar
-28-
authority for profit limitation during
tion to prohibit discrimination on tl
peace time. 8/74; 2/80
basis of sex in sale or rental of
housing or in granting mortgage
credit. 8/74
Real Property/Housing Law
Title Insurance Issuance. Oppose any
legislation, including the Model Titl
Insurance Act, which effectively
Closing Costs of Residential
prohibits attorneys from issuing titl
Transactions. Urge that any legislative
insurance policies for clients in rea
or administrative standards to be
property transactions. 2/84
established with respect to closing
costs of residential real estate
transactions take into account several
Tax Laws
factors, including recognition of the
nationwide differences in the use of
generic terms, methods of registering
title, etc. 2/80
(For additional policy positions, see
Summaries of Legislative and
Discrimination in the Sale or Rental of
Administrative Recommendations, 1982,
Housing. Support legislation to
Section of Taxation.)
prohibit discrimination on basis of
race, color, creed, sex or national
Appropriations for U.S. Tax Court.
origin in the sale or rental of
Support adequate funding for the Unit
housing. 2/80
States Tax Court to enable it to full
execute its judicial functions in a
Fraudulent Conveyances. Support
timely and effective manner; support
legislation to amend the Fraudulent
'82 appropriation of U.S. Tax Court.
Conveyance provisions of state law and
4/82
the federal Bankruptcy Code to make it
clear that property purchased at a
+Attorneys' Fees. Support legislatio
properly conducted noncollusive
allowing the Tax court to award
foreclosure sale is to be considered
attorneys' fees to prevailing party
transferred for reasonably equivalent
other than government in tax cases. 2/
value. 8/83
+Carryover Basis. Urge that the
Planned Communities. Support the
carryover basis provisions of the
Uniform Planned Community Act
Internal Revenue Code, which became
promulgated in 1980 by the NCCUSL. 2/81
effective on January 1, 1980, be
repealed and that current law which
Real Estate Settlement Procedures Act
provides generally for the basis of
(RESPA) Support legislation amending
inherited property to be stepped up O
RESPA and favor continued review of the
down to its value on the date of deat
Act. 4/76
be retained. 2/79
Sex Discrimination. Support legisla-
Dependents. Support IRC amendment
permitting the allocation of the
personal exemption for a dependent
child to the custodial parent, in
certain cases. 2/81
-29-
Employee VS. Self-Employed Benefits.
+Independent Contractors. Urge
Urge elimination of all existing
amendment of the IRC of 1954 to provi
distinctions in tax treatment of
a safe harbor for independent
employee-type benefits and benefits for
contractors. 8/82
self-employed persons which are based
on type of business entity, type of
Legal Expenses. Support in principle
business activity or size of employer
legislation such as S.686, 97th
(See also Retirement Benefits.) 8/82
Congress, which would provide a feder
income tax deduction for legal service
Exempt organizations. Support IRC
expenses. 2/75; 8/82
amendments to reduce the aggregate
annual penalties which may be imposed
Personal Legal Expenses and Legal
on exempt organizations and certain
Insurance Premiums. Support federal
trusts and their managers and trustees
income tax deductions of these. expense
for failure to file annual returns and
for certain taxpayers. 2/75
report or to comply with public notice
requirements. 2/81
*Prepaid Legal Services. Support
enactment of legislation providing tax
+Foreign Conventions. Oppose
exclusion from income of premiums paid
restrictions imposed by Tax Reform Act
to and benefits received from
of 1976 on deductions by individuals
employer-funded prepaid legal services
for expenses incurred while attending
plans. 8/74
foreign conventions. 2/78
+Retirement Benefits. Support
*Generation-Skipping. Recommend that
legislation providing for equalization
the current law be repealed and
of treatment under the Internal Revenu
authorize the Sections of Taxation and
Code of retirement benefits between
Real Property, Probate, and Trust Law
employees and the self-employed. 1/69
to work with Congress in developing a
2/73; 8/74; 2/78
workable alternative tax. 8/81, 8/84
+Social Security Benefits. Support
Gifts. Support IRC amendment
legislation to eliminate income earned
clarifying that existing rules for
by self-employed persons before
establishing the value of prior gifts
retirement and received after
for gift tax purposes extends to estate
retirement for the Social Security
tax and generation-skipping transfer
earning test. 10/79
tax computations. 2/81
Tax Amendments to Appropriation Bills.
Income from Not-For-Profit Lawyer
Urge Congress to amend its rules to
Referral Services. Support in
limit amendments to appropriations
principle exclusion from federal
bills that would restrain the use of
taxation of otherwise qualified for 26
appropriate funds to implement or
U.S.C. Sec. 501 (c) (6) [Sec.501 (c)
enforce certain substantive provisions
(6) of IRS Code] tax exemption derived
of the IRC. 8/82
by bar-sponsored lawyer referral
services organized on a non-profit
Tax Indexing. Support the enactment C
basis. 6/83
legislation to provide for automatic
cost-of-living adjustments to income
+Income Tax Equality Between Single and
tax rate brackets, personal exemptions
Married Persons. Support legislation
and qualified plan limitations
creating such equality. 2/74
-30-
applicable to self-employed. 2/79
Tax Law Simplification. Support
numerous IRC amendments which would
result in simplification. 4/76
Taxation of Fringe Benefits. Support
amendments of the IRC which set forth
rules for the taxation of fringe
benefits. 8/80
U.S. Tax Court. Recommend to the
United States Tax Court that special
trial judges be utilized in selected
major cities on a continuing or
repeated basis for such periods as the
Court deems appropriate. 8/83
Venue. Support amendment to the
Judicial Code to allow, in the district
courts, tax refund suits brought by
nonresidents of the United States. 2/81
White House Access. Support enactment
of statutory restrictions on the
release by the IRS of personal tax
information to the White House. 2/76
Zero Bracket Amount. Urge amendment of
the Internal Revenue Code to remove the
zero bracket amount from the definition
of taxable income and restore the
concept of a standard deduction which
would be fixed in amount and
incorporated in the tax tables. 2/80
0482b
-31-