Bar Rule Research Articles

Moral Character: Making Sense of the Experiences of Bar Applicants with Criminal Records

Most literature on reentry and rehabilitation experiences addresses the basic needs of people with criminal records: finding shelter and employment. This Article shines a light on a gap in this literature - the unique situation of justice-involved individuals seeking admission to elite professions. The article focuses on applicants to the California Bar, who, in addition to passing the Bar Exam must also submit a moral character application. I begin with a legal analysis of the Bar rules concerning moral character and the malleability of terms such as and remorse as defined and analyzed in case law. I then provide an empirical lens on the moral character process through in-depth interviews with bar applicants who went through the process. The empirical study reveals deep-seated shame among applicants, which the moral character exacerbates and distorts. The informal hearing process is revealed to be a deeply distressing experience, invoking issues from the individuals' pasts and placing them under an exacting lens. Moreover, as I argue, the Bar's policy toward moral character flies in the face of robust empirical findings about desistance from crime, exhibits considerable conceit about the committee's ability to detect insight and remorse, and seriously harms the quest for more diversity in the legal profession. The article ends with an analysis of the implications of this process and with practical recommendations to law schools and to the Bar regarding moral character applications.

The origin of the LMC stellar bar: clues from the SFH of the bar and inner disc

Abstract We discuss the origin of the Large Magellanic Cloud (LMC) stellar bar by comparing the star formation histories (SFHs) obtained from deep colour–magnitude diagrams (CMDs) in the bar and in a number of fields in different directions within the inner disc. The CMDs, reaching the oldest main-sequence turn-offs in these very crowded fields, have been obtained with VIMOS on the Very Large Telescope in the service mode, under very good seeing conditions. We show that the SFHs of all fields share the same patterns, with consistent variations of the star formation rate as a function of time in all of them. We therefore conclude that no specific event of star formation can be identified with the formation of the LMC bar, which instead likely formed from a redistribution of disc material which occurred when the LMC disc became bar unstable, and shared a common SFH with the inner disc thereafter. The strong similarity between the SFH of the centre and edge of the bar rules out the expected significant spatial variations of the SFH across the bar.

<i>Gigs – Jazz and the cabaret laws in New York City</i> by Paul Chevigny

On 10th July 2003, the Licensing Act 2003 received Royal Assent in the United Kingdom, delivering New Labour’s promised overhaul of licensing. However, contrary to hopes and expectations, this legislation reversed one of the most important exceptions to public entertainment licenses for live performances: the ‘two in a bar rule’. It permitted unlicensed performances by no more than two musicians in liquor licensed venues. The UK’s new legislation introduces, in effect, a ‘none in a bar rule’, meaning that most venues will require entertainment licenses to provide any form of live music. This was and remains a very controversial move, in advance of which the legislature would have done well to consider the development of equivalent legislation in New York.

Exploring Lawyer Misconduct: An Examination of the Self-Regulation Process

ABSTRACTAlthough white-collar professionals are often held in high esteem, sometimes persons in privileged positions engage in misconduct. Unfortunately, very little is known about the correlates associated with professional misconduct and even less is known about the sanctioning process among lawyers who are licensed by state bar associations and therefore subject to the bar rules regulating their professional conduct. We examine 213 complaints filed in one fiscal year with the Florida Bar, alleging attorney misconduct and evaluate the factors that influence whether the complaint continued through, or was discarded at, each stage of the self-regulated grievance process. Using selection models that examine both the staff’s decision to send a case forward to the grievance committee as well as the grievance committee’s recommendation about sanctioning the lawyer, results show that both legal and extra-legal variables are related to these two processes.

Constitutionalizing the Collateral Bar Rule

This Comment proposes constitutionalizing the collateral bar rule under the First Amendment by recognizing the rule’s operation as part of a system of prior restraint. Recognizing this fact would lead to the application of the First Amendment presumption against prior restraints to the collateral bar rule. In practical terms, this means that in a contempt proceeding where the order at issue operated as a prior restraint on an individual’s speech, the proponent of the order must bear the burden of proving that the collateral bar rule should apply under a two-part test. This shift properly places the burden on the order’s proponent — often the government — to prove that the injunction should be shielded from review in a collateral attack. Otherwise, courts will presume that the order can be challenged, allowing the contemnor to attack the violated order on its merits and attempt to reverse the contempt conviction. This new approach changes the collateral bar rule from an inflexible and frequently unjust part of a system of judicially imposed prior restraints, resolves the tension that arises from a doctrinal backdrop that strongly disfavors any support of prior restraints, and still retains much of what has recommended the rule to courts in the first place.

The Defamation Injunction Meets the Prior Restraint Doctrine

In Near v. Minnesota, the Supreme Court added the injunction to executive licensing as a prior restraint. Although the Near court circumscribed the injunction as a prior restraint, it approved criminal sanctions and damages judgments. The prior restraint label resembles a death sentence. This article maintains that such massive retaliation is overkill. A judge’s injunction that forbids the defendant’s tort of defamation tests Near and prior restraint doctrine because defamation isn’t protected by the First Amendment. Arguing that the anti-defamation injunction has outgrown outright bans under the prior restraint rule and the equitable Maxim that “Equity will not enjoin defamation” turns out to be formidable. This article examines the Sullivan v. New York Times privileges in defamation, their tension between truth and falsity, and their limitations on compensatory and punitive damages. It tests the injunction against damages by examining several Equitable doctrines: the inadequacy prerequisite-irreparable injury rule, the injunction as preventive relief, the temporary restraining order, the preliminary injunction, the injunction bond, the juryless injunction trial, the task of drafting an injunction to avoids vagueness and over-breadth, the use of motions to modify-dissolve an injunction, and the declaratory judgment, and contempt, compensatory, coercive, or criminal, including the collateral bar rule. It weighs important prior restraint scholarship, including Professor Emerson’s and Professor Blasi’s. The administration of the prior restraint doctrines has expanded its operation beyond the policy reasons that gave it birth. This article concludes that the differences between damages and an injunction don’t warrant different treatment. In Balboa Island VillageInn v. Lemen, the California Supreme Court approved a targeted injunction that forbids a defendant from repeating proved defamation. Influential scholars beginning with Roscoe Pound and including more recently Professors Redish, Jeffries, Schauer, and Ardia have eroded the prior restraint doctrines’ reasoning and application. The procedure leading to an injunction can be augmented by requiring prior notice, adversary adjudication, and narrow drafting. A properly adjudicated and drafted injunction that specifically forbids defendant’s defamation will prevent harmful torts without threatening free-speech values. The article closes by asking for abolition of the Maxim and suspension or qualification of the prior restraint doctrine for defamation.

The main features of the evolution of the horizontal bar in the first half of the 19th century

Th e horizontal bar, as a gymnastic apparatus, was invented by the founder of the German gymnastic system Ludwig Jahn in 1811 and aft erwards it was introduced and developed by him and his students. Jahn’s primitive horizontal wooden bar was nothing more than a bar pinned-fi xed between two trees. Later on, construct manufactured horizontal bars fi xed on the ground, with two pilasters and with various arrangements and sizes. Th e exercises were mostly static, dynamic and close to the bar, since these wooden horizontal bars did not allow large swings. At the same time a special elaboration was established for the bar, in order to make it endurable and easy to use. In the middle of the 19th century the metal bars began to appear and infl uenced favourably the quality and the quantity of the exercises. At the same time this apparatus and the parallel bars were established as the dominant apparatuses of the German gymnastic system. Th e purpose of this study was to research and demonstrate the main features of the evolution of the horizontal bar (exercises, rules and apparatus) during the fi rst half of the 19 th century.

Optimum cost design of reinforced concrete continuous beams using Genetic Algorithms

This paper presents the application of genetic algorithms (GA) for the optimum cost design of reinforced concrete continuous beams based on the standard specifications of the American Concrete Institute. The produced optimum design satisfies the strength, serviceability, ductility, durability, and other constraints related to good design and detailing practice. While most of the approaches reported in the literature consider steel reinforcement and cross-sectional dimensions of beam as design variables of the flexural aspect only, the dimensions and reinforcing steel in this research were introduced as design variables, considering the flexural, shear, and torsion effects on the beam. The constant parameters specified prior to the solution of the optimization problem included the number of bays, lengths of span, support conditions, loads, material properties, and unit costs. The forces, moments, and deformations needed in the GA constraints were determined from the analysis. The beam dimensions were corrected to the nearest 25 mm, and the areas of the longitudinal and transverse steel obtained from the design were converted into the least weight detailing of steel reinforcements. This conversion was achieved by generating a database of reinforcement templates containing different available reinforcement bar diameters in a pre-specified pattern, satisfying the user-specified bar rules and other bar spacing requirements. The optimum design results were compared with those in the available literature. Upon the illustration of an example problem and the presentation of results, the proposed optimum design model is concluded to yield rational, reliable, economic, and practical designs.

Le cabinet d’avocats – une entreprise comme les autres ?

1. The spatial borders for law firms have been extended over the last 40 years from national to European and finally global. Big law firms now comprise hundreds or even thousands of lawyers. The “legalisation” of the daily life of people and companies made business grow further and partially absorbed the largely increasing number of lawyers.2. European law had a strong influence.2.1 Freedom of movement and services were first imposed to the legal profession and then contributed to changing the minds with the result of finally making lawyers think global.2.2 The European Commission fought against bars and bar rules as being anti competitive.2.3 The ECJ equilibrated the law firm as an enterprise and simultaneously a pillar of the justice system.3. National law changed.3.1 / 3.2 In Germany as in France rules were modernised without giving up the core structure of the profession.3.3 Quasi-revolutionary changes took place in England. The Legal Services Act introduced new structures for regulation and complaints reducing the autonomy of professional bodies. Law firms were allowed to be owned by non lawyers.4. The border line between business and organ of justice.4.1 Pushing the borders was necessary because people and companies acquired a new space and lawyers shall act where people live. Global law firms face a special challenge to remain truly lawyers. Most of them succeeded. Subjecting lawyers to competition law was necessary but it does not imply that a law firm is like any other business.4.2 When defending liberty against government and when putting client’s interest above personal interest a lawyer is different from business people. Liberty may be under attack even in Western societies. (i) A government appointed regulator is a danger to the independence of the profession and a bad example for less democratic states. (ii) Non lawyers owning law firms will necessarily seek profit maximisation or the satisfaction of other personal interests. ABS therefore are a threat for independent defence and advice. A law firm is an enterprise, but an enterprise of a special kind.

Lawyers and the War

This article reviews legal advice provided by Attorney General John Ashcroft and Office of Legal Counsel officials John Yoo and Jack Goldsmith during the war on terrorism. It differs from the other works on this subject in two key respects. First, it includes detailed analyses of their conduct under the Model Rules of Professional Conduct and other pertinent legal ethics codes, such as the D.C. Bar Rules, the Code of Professional Responsibility, and the A.L.I.’s Restatement of the Law of Lawyering, as well as under the Department of Justice’s tradition of providing independent advice to the White House and other executive agencies. Second, it examines their own narratives of the crisis, as reflected in their published memoirs. Providing advice concerning the inter-relationships among international law, the law of war, constitutional law, and federal criminal statutory law requires cautious analysis of constitutional, treaty and statutory language, as well as judicial and executive precedent. The article concludes that Ashcroft and Yoo were ill-suited for their roles, each for different reasons. Ashcroft acted as a policy advocate and politician, while Yoo was an unyielding exponent of an extreme constitutional theory concerning executive power and was unwilling or unable to provide pragmatic lawyering advice. Goldsmith, however, recognized that Ashcroft’s lax oversight and Yoo’s aggressive theories opened the door to the repudiation of applicable domestic and international law and mistreatment of detainees. The article concludes that Goldsmith was both a better lawyer and a better soldier in the war on terrorism, as the failings of Ashcroft and Yoo weakened support for Bush administration policies, led to losses in the courts, and may have weakened our ability to respond to terrorism in the future.

UNFOLDING FINITIST ARITHMETIC

The concept of the (full) unfolding $\user1{{\cal U}}(S)$ of a schematic system $S$ is used to answer the following question: Which operations and predicates, and which principles concerning them, ought to be accepted if one has accepted $S$? The program to determine $\user1{{\cal U}}(S)$ for various systems $S$ of foundational significance was previously carried out for a system of nonfinitist arithmetic, $NFA$; it was shown that $\user1{{\cal U}}(NFA)$ is proof-theoretically equivalent to predicative analysis. In the present paper we work out the unfolding notions for a basic schematic system of finitist arithmetic, $FA$, and for an extension of that by a form $BR$ of the so-called Bar Rule. It is shown that $\user1{{\cal U}}(FA)$ and $\user1{{\cal U}}(FA + BR)$ are proof-theoretically equivalent, respectively, to Primitive Recursive Arithmetic, $PRA$, and to Peano Arithmetic, $PA$.

Design of circular transportation systems for billet and rolled strip

343 In developing the automated 1300 blooming mills (the fastest such mills in the world), G.L. Khimich of OAO Uralmash proposed an original system for ingot transfer from the heating pits to the intake conveyer of the reduction mill: ingot transfer by self-propelled trolleys (ingot cars) along a closed circular track (circular transportation). Currently, this system is used at practically all 1150‐1300 blooming mills, with various track configurations and positions in the heating-pit department; it ensures rhythmic ingot supply at practically any mill speed. Because the rate of ingot supply is independent of the position of the discharge system and the front of the heating pits, rational organization of their operation is possible, with improvement in the operating conditions of the heating-pit cranes [3]. Thanks to stability of ingot supply and the use of simple and relatively reliable ingot cars, stable automatic ingot supply has been ensured at all the blooming mills designed and reconstructed by OAO Uralmash for more than four decades. Moreover, the circular supply system may also be used for cyclic transportation in assembly and adjustment operations, especially with a high density of equipment in the shop; such designs have been developed at OAO Uralmash. Of course, the introduction of continuous casting for a wide range of steel sheet, bar, and sections rules out the construction of new blooming mills in the near future, but we may expect that existing equipment will remain in operations for decades to come, in view of the slow growth of the Russian economy, its unchanging raw-materials orientation, and the very low rates of technological replacement. Therefore, given that reconstruction of reduction and other billet mills is feasible, with improvement in their reliability and longevity, the present work is devoted to computer research aimed at improving design methods for closed circular systems of billet and rolled-strip transportation (in particular, circular ingot supply) and refining their optimal parameters [1]. On the basis of optimal control theory and the Pontryagin maximum principle, a computer method is developed for simultaneous determination of the optimal gear ratio j of the gear system and the rated torque M rat of the electric motor driving the wheel pairs of the ingot car, with subsequent selection (for specified rate of ingot supply and specified frequency and duration of stopping) of the necessary number K of ingot cars, taking account of the permissible motor heating, as well as the maximum speed of the ingot car on linear ( v max ) and curved ( v R ) sections of the track. The optimal gear ratio may be selected on the basis of various criteria: maximum speed, which reduces the number of ingot cars; minimum load, which increases the working life of the equipment; and minimum heating, with specified time of car motion on the working or idling branches of the circular track, determined by the rolling cycle. The flywheel masses of the gear system and the motor, which are nonlinear functions of the gear ratio and the rated torque, respectively, are introduced in the method in the form of regression equations approximating the actual parameters of the OAO Uralmash two-stage gear system and the parameters of the D12‐D818 dc motors. The search for optimal parameters j and M rat is based on the random-perturbation method.

Optimum detailed design of reinforced concrete continuous beams using Genetic Algorithms

This paper presents the application of Genetic Algorithms for the optimum detailed design of reinforced concrete continuous beams based on Indian Standard specifications. The produced optimum design satisfies the strength, serviceability, ductility, durability and other constraints related to good design and detailing practice. While most of the approaches reported in the literature consider the steel reinforcement as a variable, the cross-sectional dimensions of the beam alone are considered as the variables in the present optimum design model. The areas of longitudinal steel obtained from the design are converted into a least weight detailing of steel reinforcements. This is achieved by generating a database of reinforcement templates containing different available reinforcement bar diameters in a pre-specified pattern, satisfying the user specified bar rules and other bar spacing requirements. The optimum design results are compared with those in the available literature. An example problem is illustrated and the results are presented. It is concluded that the proposed optimum design model yields rational, reliable, economical and practical designs.

Damages in Consumer Transactions under the Uniform Commercial Code's Revised Article 9-626(B): Loud Lawyers, Silent Statutes, and a Way out of the Woods

Damages in Consumer Transactions under the Uniform Commercial Code's Revised Article 9-626(B): Loud Lawyers, Silent Statutes, and a Way out of the Woods

The non-constructive [formula omitted] operator, fixed point theories with ordinals, and the bar rule

This paper deals with the proof theory of first-order applicative theories with non-constructive μ operator and a form of the bar rule, yielding systems of ordinal strength Γ 0 and ϕ20, respectively. Relevant use is made of fixed-point theories with ordinals plus bar rule.

S. Feferman and W. Sieg Inductive definitions and subsystems of analysis. Iterated inductive definitions and subsystems of analysis: recent proof-theoretical studies, by Wilfried Buchholz, Solomon Feferman, Wolfram Pohlers, and Wilfried Sieg. Lecture notes in mathematics, vol. 897, Springer-Verlag, Berlin, Heidelberg, and New York, 1981, pp. 16–77. - Solomon Feferman and Wilfried Sieg. Proof theoretic equivalences between classical and constructive theories

S. Feferman and W. Sieg Inductive definitions and subsystems of analysis. Iterated inductive definitions and subsystems of analysis: recent proof-theoretical studies, by Wilfried Buchholz, Solomon Feferman, Wolfram Pohlers, and Wilfried Sieg. Lecture notes in mathematics, vol. 897, Springer-Verlag, Berlin, Heidelberg, and New York, 1981, pp. 16–77. - Solomon Feferman and Wilfried Sieg. Proof theoretic equivalences between classical and constructive theories

The role of parameters in bar rule and bar induction

AbstractFor several subsystems of second order arithmeticTwe show that the proof-theoretic strength ofT+ (bar rule) can be characterized in terms ofT+ (bar induction)□, where the latter scheme arises from the scheme of bar induction by restricting it to well-orderings with no parameters. In addition, we demonstrate that,ACA0+ (bar rule) andACA0+ (bar induction)□prove the same-sentences.

Choice principles, the bar rule and autonomously iterated comprehension schemes in analysis

In [10] Friedman showed that (-AC) is a conservative extension of (-CA)<ε0for-sentences wherei= min(n+ 2, 4), i.e.,i= 2, 3, 4 forn= 0, 1, 2 +m. Feferman [5], [7] and Tait [11], [12] reobtained this result forn= 0, 1 and even with (-DC) instead of (-AC). Feferman and Sieg established in [9] the conservativeness of (-DC) over (-CA)<ε0for-sentences (ias above) for alln. In each paper, different methods of proof have been used. In particular, Feferman and Sieg showed how to apply familiar proof-theoretical techniques by passing through languages with Skolem functionals.In this paper we study the same choice principles in the presence of theBar Rule(BR), which permits one to infer the scheme of transfinite induction on a primitive recursive relation ≺ when it has been proved that ≺ is wellfounded. The main result (Theorem 1 below) characterizes (-DC) + (BR) as a conservative extension of a system of the autonomously iterated-comprehension axiom for-sentences (idepending onnas above). Forn= 0 this has been proved by Feferman in the form that (-DC) + (BR) is a conservative extension of (-CA)<Γ0; this was first done in [8] by use of the Gödel functional interpretation for the stronger systemZω+μ+ (QF-AC) + (BR) and then more recently by the simpler methods of [9]. Jäger showed how the latter methods could also be used to obtain the general result of Theorem 1 below.

Psychotropic Medication and Competence to Stand Trial

At any given time, as many as 15,000 persons are hospitalized for study or treatment regarding their competence to stand trial. Although most of the defendants found incompetent to stand trial “could rapidly be returned to competence and so maintained were the facilities and treatments of modern psychiatry made available to them”, the impact of recent advances in psychiatry—particularly drug therapy—has not been fully absorbed by the legal system. Defendants restored to competence by psychotropic drugs frequently require ongoing medication. Some courts, mistakenly assuming that psychotropic drugs produce a “chemical sanity” that is unacceptable for participation in a trial, have adopted a practice—the “automatic bar rule”—of automatically prohibiting the return for trial of defendants under the influence of such drugs. A lack of statutory, regulatory, or judicial guidance leaves the question largely to the discretion of individual trial judges. This article critically examines the automatic bar rule in light of the effects of various psychotropic drugs and of the consequences of the rule both to defendants and to the state.