This paper discusses the Prison Litigation Reform Act, passed in 1996, which has dramatically changed the way litigation by inmates is allowed to proceed.
Abstract This paper explains that the intention of the Prison Litigation Reform Act (PLRA) was to limit the number of frivolous lawsuits that could be filed by prisoners in federal courts; however, the constitutionality of this law has been strongly debated. The author points out that a primary provision of PLRA is the exhaustion requirement, which fundamentally was designed to give prison officials time and opportunity to address any grievances that could be brought by prisoners before a federal court, even if those internal systems are slow and ineffective and may subject the prisoner to possible retaliation by prison staff. The paper relates that the PLRA places a cap on attorneyfees and restricts the number of billable hours; thus, since they will have difficulty obtaining compensation for their work, attorneys are discouraged from representing prisoners even if they have a strong case.
From the Paper "When the administrative grievance process is followed in the manner prescribed in the PLRA, that process is able to fully identify details of the prisoner's case and determine its merits before it reaches a federal court. Once in court, there is a much greater likelihood that the case would be more well defined and presented in a concise manner. The court would then be able to focus solely on issues at hand instead of being forced to spend time attempting to interpret a potentially muddled argument. Under these circumstances, it would appear that federal courts would have more time available to address legitimate cases brought under the PLRA."
Abstract New Labour's bill on tuition fees will ensure that students will face the prospect of leaving university with a debt of approximately 15000 GBP. This paper examines the impact that the New Labour Tuition Fee Bill will have on students and the economy at large. It uses the human capital model as its framework for analysis. It analyses empirical findings via questionnaires using various statistical processes.
Outline
Introduction
Methodology
Theoretical Model
Empirical Analysis and Tests
Analysis and Findings
Conclusion and Recommendations
Bibliography
Appendix
List of Tables and Figures
From the Paper "A large number of countries have come to the conclusion that students should contribute their own share of the funds required to finance their education as this is the only fair and realistic thing to do. It is also said that the bill will reduce the weight on the general tax payer. It is often argued that students contributing to the costs of education will provide them with economic benefits in the longer run. The government also deduces that the new bill will reduce inequalities and disparities in income and reduce class variations within the economy, as it has been deduced in research terms that; graduates earn 50% more than the average person without a degree, hence it has been argued that the new bill will eventually create a certain level of 'justice' within the society."
Abstract In this paper, the author argues that the Canons of Professional Ethics written for attorneys in the early 1900's are no longer relevant. The paper gives a brief historic background of the Canon's adoption, then highlights the major points of contention, showing point by point how the Canons no longer apply. The author further contends that the Canons often fail to embrace the realities of the legal profession, especially of defense attorneys who must often defend unpopular clients or even for attorneys who wish to solicit business. The writer describes the Canons as often vague, contradictory, and unenforceable.
From the Paper "Many of the Canons could actually subvert the intention of attorneys to represent clients to their fullest extent. Consider the working Canon 28: "It is unprofessional for a lawyer to volunteer advice to bring a lawsuit, except in rare cases where ties of blood, relationship, or trust make it his duty to do so." (Hurld, 2004) Yes, this would forbid ambulance chasing or advertisements asking a parent of a sick child if medical malpractice might be the cause of their child's infirmity, the sort of attorney advertising and grandstanding non-lawyers enjoy pointing to, when these laypersons explain why they despise attorneys."
Abstract This paper reviews the history of tuition fees and then goes on to discusses the re-evaluation of tuition fees in Quebec State, Canada. According to the paper, there are three levels of tuition: Quebec resident (lowest level), out-of-province Canadian resident (tuition set to average Canadian tuition) and international tuition (highest level).
From the Paper "In The Gazette, "Ontario gets it right on tuition fees" article reveals that "in Quebec, undergraduate tuition hasn't changed since 1994, and will not change before the next election", Jean Charest's government has pledged. The article shows an opposite position, as "the basic undergrad fee of $1,851 should have climbed past $2,300 merely to account for inflation, to say nothing of universities' capital costs, maintenance needs, enrollment increases, and so on". In Quebec, the government states not having new money for universities, which are suffering from years of underfunding. In Quebec alone, universities estimate the annual shortfall to be $350 million. As a result, Quebec and other provinces want both low tuition fees and more funding from Ottawa, so that students will not be driven away by raising tuition fees. "
Abstract The paper explains how globalization and user fees are so strongly related that they are cause and effect. The paper examines how, at the present time, Canada is under increasing pressure from the United States to introduce a system of user fees in the system of Medicare. The paper further examines how this is linked to global competitiveness and the argument that Canada will have to adopt user fees in order to be efficient and cost effective. This paper analyzes the positive and the negative points of Canada's use of user fees.
Abstract The paper is a description of what role ethics and morals play in the life of a defense attorney. While having to support his client, a defense attorney more often than not would have to prove the prosecution's witness to be fake. The paper deals with the techniques that are followed by an attorney to protect his client and it gives us an idea of the numerous strategies that he would have to adopt to prove his client in the right. Further, the paper is also a discussion upon facts as to whether an attorney can purposely cross question a witness, and mislead the court just to prove his client not guilty. Here the main purpose of the argument starts with the fact whether a defense attorney is ethically right when he decides to purposely cross-examine the prosecutor's witness just to mislead the court, when he knows that the witness is saying the truth, and does so only to discredit his answers.
From the Paper "From time immemorial lawyers have been condemned and thought of as conniving people. As early as the biblical times writers have been condemning lawyers. The great satirist, Jonathan Swift had in his book Gulliver's Travels in 1726 stated that there was a society of men among us, bred up from their youth in the art of proving by words multiplied for the purpose that white is black and black is white, according as they are paid. To this society all rest of the people is slaves. It can be stated that the real reason to conduct "Cross Examination" is to find answers to questions of fact. This can be stated to be the stage in a trial where the other party questions witnesses. The main reason to conduct cross-examination could be to find out facts that would turn out to be favorable for the case, to challenge the statements given by the witness. A counsel usually conducts cross-examination but the accused person can also conduct his defense by himself."
Abstract This paper discusses the duties of the Attorney General of the United States. Specifically, it contains an analysis of how the Attorney General is chosen, and the powers they wield in the government. A brief history of the position is presented, and the current Attorney General, John Ashcroft, is introduced. The paper claims that the Attorney General is one of the most important offices in the Federal Government.
From the Paper "The Attorney General of the United States is in charge of the Justice Department (DOJ) and the chief law enforcement officer of the United States Federal Government. The Attorney General advises the President and other members of the executive department of the government on legal issues. An addition, "The Attorney General appears in person to represent the Government before the U.S. Supreme Court in cases of exceptional gravity or importance" (DOJ)."
Abstract Being a defense attorney is not an easy thing. To begin with many people in the general public grouse whenever they see defense attorneys defending those who have committed heinous crimes and or have a great deal of evidence arrayed against them. The following paper argues that a defense attorney's fiduciary duty to his or her client is vitally important to the administration of justice. Specifically, all defendants have the right to be innocent until proved guilty and if the lawyer for any such party decides that he or she cannot execute their duties to the fullest possible extent, then that attorney is guilty of allowing the legal process to degenerate into nothing more than a "show trial" wherein dangerous assumptions about guilt or innocence are allowed to take root.
Abstract This paper discusses the attorney-client privilege issue. In particular, the paper discusses the fifth and sixth amendement of the Constitution and how they apply to attorney-client privilege. The paper then provides a number of examples where one may think that the issue need not be applied by the attorney. It also discusses each of these cases and the legal issues that apply.
From the Paper "In this case, the interest competing against adhering to the professional rules of ethics is not the prevention of the death of the child or the exoneration of an innocent individual facing undeserved punishment. Rather, the competing interest relates to the mother's uncertainty. Specifically, disclosure of the information would merely transform her grief from one type of grief to another (arguably much worse) grief and provide "closure." If the rule violation were capable of saving the life of a child, the attorney might be justified (if not obligated) in ignoring his professional obligation to his client, at least from an objective perspective. In this case, however, he is not justified in doing so."
Abstract This paper discusses the issue of high tuition fees required by Ontario universities. The paper discusses how university should be made available to all and not just those who are financially able to cope with the demands of high fees. The paper further discusses issues of race and gender in relation to issues surrounding higher education.
From the Paper Many in public sector planning, at present, belong to a post-World War II generation that enjoyed fairly good access to higher education. It can be most difficult to explain that it is no longer possible to work part-time through the year, and at full-time minimum wage employment in the summer, and finance a Bachelor's degree in four years. Higher tuition in relation to small increases in wages, over the last decades, made higher education expensive, even for students with access to student loan support.
Abstract This paper explains that the District Attorney for Los Angeles County, an elected official whose term runs for four years, is a non-partisan lawyer who works for the people of the county, which covers 78 cities and over 4,000 square miles. The author points out that a staff of about 2,200 people in nine offices located throughout the county handles over 60,000 felonies and 200,000 misdemeanors per year by working closely with local officials and police departments to prosecute criminals. The paper relates that the District Attorney's office is organized to handle a variety of crimes, including crimes of violence, crimes of hate, fraud, and corruption; its goal is to prosecute the criminal and insure justice for the victim.
From the Paper "The Community Prosecution Division provides the ability for police, members of the community and other local officials to create strategies for dealing with gang violence, crime prevention, truancy, drugs and other quality of life issues that affect the community. It is an opportunity for the District Attorney's office and the community to work synergistically to overcome a broad spectrum of problems. In addition, the Bureau of Crime Prevention works with young people to help them avoid a life of crime by developing skills and talents that will help them succeed in life."
Abstract The paper evaluates the issues related to attorney-client privilege within a case involving the St. Louis Blues organization. The paper explains that it is expected that there within the realm of this case, attorney-client privilege is waived due to the relevance of the communications involved and there is also a necessity to consider these conversations as valid to the proposed arguments.
From the Paper "The issue of attorney-client privilege has been identified as critical in the proposed case and there are important issues regarding the legality of such a decision under Illinois state law. In this context, the key issues are the following: 1) Does Money have the right to exercise attorney client privilege in this case?; 2) Is Lynn required to remain quiet regarding her conversation with Money?; and 3) Is the St. Louis Blues organization truly negligent in this case, and if so, what are the primary reasons for such negligent behaviors?"
Abstract This paper takes a look at possible reforms to improve attorney disciplinary procedures. The paper points out that the American Bar Association has a code of professional responsibility by which attorneys must abide. Some of the general principles this code addresses are individual justice, distributive justice, truthfulness, and trust worthiness. The paper concludes that actively becoming aware of unethical procedures in law, along with participation of the public in the awareness, can help resolve some of the problems.
From the Paper "One particular unethical conduct that states bars will not tolerate include lawyers who do not pay child support. In the Atlanta Journal Constitution it was reported in May of 2005 an attorney was ordered to pay $29,100 in monthly child support. This case marked the highest child support judgment ever issued to date for Georgia (Cook). Under OCGA 1968-28 the lawyer's license to practice law can be suspended. Once the attorney has met requirements of Bar Rule 1-209, their suspension will be revoked (Unknown 1). In this particular case, the attorney had "estimated stakes in his law firm to be worth over $20 million" and the courts made sure he paid every penny of child support to his children."
This paper provides a discussion of whether the current framework for professional responsibility in the trade marks and patent attorneys' profession in Australia is adequate.
Abstract In this article, the writer notes that it is generally accepted that the primary purpose of disciplinary proceedings regarding the conduct of professionals is not so much to punish the professional, as it is to protect the public. The writer points out that it is the intention of such proceedings to remove a perceived threat to public interest and public confidence in the profession. The basis for this rationale is the assumption that the public needs to be protected from the unscrupulous, and those incompetent and ignorant of the basic requirements of their profession. The writer looks at the current system in Australia and maintains that the present framework serves the basic needs of all stakeholders in an adequate manner, but that a better framework could be established, which more fairly caters to the needs of the other stakeholders. The writer concludes that even if the present framework is not substantially altered, improvements, such as allowing any third party to submit complaints, would help to improve the efficiency in which compliance by attorneys is monitored.
From the Paper "The enforceability of the Institute's Code of Ethics is based on contractual obligations rather than legislatively conferred power, and a breach of the Institute's Code of Ethics may result in revocation of membership. Compliance with the Institute's Code of Ethics is monitored by way of complaints being submitted.
"The framework provided by the Institute's Code of Ethics appears, however, to add little to the framework already in existence as provided by the Board and the Tribunal. The enforceability of the Code of Ethics, the efficiency in which compliance with the Code of Ethics is monitored, and the sanctions imposable upon a breach of the Code of Ethics appear no more effective than those already provided by the Code of Conduct prescribed by the Regulations and the Board."
Abstract In this article, the writer notes that no professionals are more maligned for being unethical than attorneys, yet attorneys are one of the few professions that have adopted and adhere to a strict code of professional ethics, the violation of which can result in the end of a career and other severe sanctions. The writer points out that in the United States, each state has its own rules of ethics for attorneys, however, the majority of estates have adopted rules that outline affirmative duties that an attorney owes to a client, in addition to listing proscribed behavior. The writer then discusses that one of the most dramatic cases of attorney ethical violations is the recent attempt by Durham, North Carolina Assistant District Attorney Mike Nifong to prosecute several members of the Duke Lacrosse team for the rape of Crystal Gail Mangum. Unfortunately, the complaining witness lied about the events that served as the basis for the charges. The writer maintains that from the beginning of the case, Nifong acted in an unethical manner, because he pursued a conviction, rather than justice. The writer concludes that while it may be easy to understand Nifong's initial position, how he acted when he had to have known that the complainant was lying, is simply inexplicable. There is no scenario under which the continued prosecution of clearly innocent people is permissible.
From the Paper "In hindsight, Nifong's behavior was clearly unethical. However, it is far too simplistic to dismiss Nifong as a power-hungry prosecutor with a disregard for justice and truth that borders on the evil. To do so is a tremendous mistake, because it ignores some of the realities that prosecutors face every day. First, the complaining witness was a stripper. Sex workers are disproportionately likely to be victims of sexual assaults, and their status as sex workers immediately makes them appear less credible than other sexual assault complainants. Therefore, conscientious prosecutors, police officers, and rape crises workers are trained to respond to initial sexual assault reports as if they are true and credible. In addition, many sexual assault victims change the details of what occurred during the attacks, oftentimes omitting the most humiliating and degrading aspects of an assault until they have become more comfortable with investigators. In fact, there is a strong psychological basis for the notion that many sexual assault victims may actually repress details of their assaults in order to cope with the after-effects."
