American Bar Association: Difference between revisions
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[[Image:AmBarAssn HQ.JPG|right|frame|American Bar Association's [[Washington, DC]] office]] |
[[Image:AmBarAssn HQ.JPG|right|frame|American Bar Association's [[Washington, DC]] office]] |
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The '''American Bar Association''' ('''ABA''') is a [[voluntary association|voluntary]] [[bar association]] of [[lawyers]] and law students, which is not specific to any jurisdiction in the [[United States]]. The ABA's most important activities are the setting of academic standards for [[law school]]s, and the formulation of model legal codes. |
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The '''American Bar Association''' ('''ABA''') is a [[voluntary association|voluntary]] [[bar association]] of [[lawyers]] and law students, which is not specific to any jurisdiction in the [[United States]]. The ABA's most important activities are the setting of academic standards for [[law school]]s, and the formulation of model legal codes. Its role in academics is controversial. The folly of having a professional association control the schools for professionals was demonstrated in the early 1900s involving medical care in the US. It was owing to control by the American Medical Association (AMA) that alternate forms of medical care were restricted and alopathic medicine favored in the schools. This contributed to a shortage of medical professionals in the US and the highest pay in the world for Medical Doctors (MDs). The most important ABA role is a code of ethical standards for lawyers. The [[Model Code of Professional Responsibility]] (1969) and/or the newer [[Model Rules of Professional Conduct]] (1983) have been adopted in 49 [[states of the United States|state jurisdictions]] and the [[District of Columbia]]. One exception is [[California]], which has refused to adopt either (see [[State Bar of California]]), although a few sections of the California Rules of Professional Responsibility were clearly influenced by the ABA models. Controversy involving ethical standards has come to the forefront with nomination of William Neukom for presidency. Bill Neukom's long association with Abramoff at both Microsoft and Preston Gates and Ellis and the culture of corruption associated with Abramoff portends further erosion of standards and denegration of the profession. Neukom is to be elected in August. In his home state, he likely influenced Washington State Supreme Court Justices to allow lawyers to represent corporate officers known by their counsel to have lied under oath. This is not allowed under most state rules. |
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The most important role of the ABA is its creation and maintenance of a code of ethical standards for lawyers. The [[Model Code of Professional Responsibility]] (1969) and/or the newer [[Model Rules of Professional Conduct]] (1983) have been adopted in 49 [[states of the United States|state jurisdictions]] and the [[District of Columbia]]. One exception is [[California]], which has refused to adopt either (see [[State Bar of California]]), although a few sections of the California Rules of Professional Responsibility were clearly influenced by the ABA models. |
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According to the ABA, it "provides law school accreditation, continuing legal education, information about the law, programs to assist lawyers and judges in their work, and initiatives to improve the legal system for the public. The Mission of the American Bar Association is to be the national representative of the legal profession, serving the public and the profession by promoting justice, professional excellence and respect for the law." (www.abanet.org) |
According to the ABA, it "provides law school accreditation, continuing legal education, information about the law, programs to assist lawyers and judges in their work, and initiatives to improve the legal system for the public. The Mission of the American Bar Association is to be the national representative of the legal profession, serving the public and the profession by promoting justice, professional excellence and respect for the law." (www.abanet.org) |
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The ABA has a House of Delegates which acts as the organization's primary body for adopting new policies and recommendations as part of the association's official position. |
The ABA has a House of Delegates which acts as the organization's primary body for adopting new policies and recommendations as part of the association's official position. |
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The ABA has been criticized for perceived elitism and |
The ABA has been criticized for perceived elitism and overrepresentation of white male corporate defense lawyers among its membership; in 1925, African-American lawyers formed the [[National Bar Association]] at a time when ABA would not allow them to be members. |
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However, since the 1960s, the ABA has made great strides in increasing the diversity of its membership. Its membership has grown from less than 11 percent of all American lawyers to roughly 50 percent today. In recent years, the ABA has also drawn some criticism, mainly from the conservative side of the political spectrum, for taking positions on controversial public policy topics such as [[abortion]], [[Capital punishment in the United States|capital punishment]] and [[Gun politics in the US|gun control]]. The ABA's official position |
However, since the 1960s, the ABA has made great strides in increasing the diversity of its membership. Its membership has grown from less than 11 percent of all American lawyers to roughly 50 percent today. In recent years, the ABA has also drawn some criticism, mainly from the conservative side of the political spectrum, for taking positions on controversial public policy topics such as [[abortion]], [[Capital punishment in the United States|capital punishment]] and [[Gun politics in the US|gun control]]. The ABA's official position in favor of abortion rights led to the formation of a (much smaller) alternative organization for lawyers, the [[National Lawyers Association]]. The [[Federalist Society]] sponsors a twice-a-year publication called "ABA Watch" that reports on the political activities of the ABA. |
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In 1995 Roberta Cooper Ramo became the first woman president of the American Bar Association since its inception in 1878. In 2003 [[Dennis Archer|Dennis W. Archer]], former mayor of [[Detroit, Michigan]], became the first African-American president of the ABA. He was followed immediately by the second, [[Robert J. Grey, Jr.]] of [[Richmond, Virginia]] for the 2004-2005 term. Following Grey, [[Michael S. Greco]] of [[Boston, Massachusetts]] became the first foreign |
In 1995 Roberta Cooper Ramo became the first woman president of the American Bar Association since its inception in 1878. In 2003 [[Dennis Archer|Dennis W. Archer]], former mayor of [[Detroit, Michigan]], became the first African-American president of the ABA. He was followed immediately by the second, [[Robert J. Grey, Jr.]] of [[Richmond, Virginia]] for the 2004-2005 term. Following Grey, [[Michael S. Greco]] of [[Boston, Massachusetts]] became the first foreign-born American Bar Association president. [[Greco]] immigrated to the United States as a child from [[Italy]]. |
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==Rating of judicial nominees== |
==Rating of judicial nominees== |
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For decades, the ABA has participated in the federal judicial nomination process by |
For decades, the ABA has participated in the federal judicial nomination process by vetting nominees and giving them a rating ranging from "not qualified" to "well qualified." The process has been accused by some (including the Federalist Society) of having a [[american liberalism|liberal]] bias. For example, the ABA gave [[Ronald Reagan]]'s judicial nominees [[Richard Posner]] and [[Frank H. Easterbrook]] low "qualified/not qualified" ratings;[http://www.pointoflaw.com/archives/001367.php] later, the ABA gave [[Bill Clinton]] judicial nominees with similar resumes "well qualified" ratings.[http://web.archive.org/web/20010710135604/http://www.fed-soc.org/abaw8969.htm] Meanwhile, Judges Posner and Easterbrook have gone on to become the two most highly-cited judges in the federal appellate judiciary.[http://www.law.georgetown.edu/faculty/documents/gulati_000.pdf] In 2001, the [[George W. Bush]] administration announced that it would cease cooperating with the ABA in advance of judicial nominations. The ABA continues to rate nominees. In 2005, the ABA gave [[John Roberts]], [[George W. Bush]]'s nomination for Chief Justice of the Supreme Court, a unanimous "well-qualified" rating. It also gave a unanimous "well qualified" rating to appellate court nominee [[Miguel Estrada]], who never took his seat because his nomination was [[filibuster]]ed. However, it gave only a "qualified/not-qualified" rating to nominee [[Janice Rogers Brown]].[http://www.abanet.org/scfedjud/ratings108.pdf]. In [[2006]], the ABA gave a unanimous "well-qualified" rating to Judge [[Samuel Alito]], Bush's appointee for [[Sandra Day O'Connor]]'s Associate Justice position. |
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=="ABA: Bush violating Constitution"== |
=="ABA: Bush violating Constitution"== |
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George W. Bush's |
In July 2006, an ABA task force released a report which concluded that George W. Bush's use of "signing statements" violates the Constitution. These are documents attached by the President to bills he signs, in which he states that he will enforce the new law only to the extent that he feels the law conforms to his interpretation of the Constitution.[http://www.cnn.com/2006/POLITICS/07/24/lawyers.bush.ap/index.html] |
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==See also== |
==See also== |
Revision as of 15:58, 29 July 2006
The American Bar Association (ABA) is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important activities are the setting of academic standards for law schools, and the formulation of model legal codes.
The most important role of the ABA is its creation and maintenance of a code of ethical standards for lawyers. The Model Code of Professional Responsibility (1969) and/or the newer Model Rules of Professional Conduct (1983) have been adopted in 49 state jurisdictions and the District of Columbia. One exception is California, which has refused to adopt either (see State Bar of California), although a few sections of the California Rules of Professional Responsibility were clearly influenced by the ABA models.
According to the ABA, it "provides law school accreditation, continuing legal education, information about the law, programs to assist lawyers and judges in their work, and initiatives to improve the legal system for the public. The Mission of the American Bar Association is to be the national representative of the legal profession, serving the public and the profession by promoting justice, professional excellence and respect for the law." (www.abanet.org)
The Association publishes a general magazine for all members, the ABA Journal. ABA members may also join subject-specific "sections," and each section publishes a variety of newsletters and magazines for its members. The sections also hold their own meetings.
The ABA has a House of Delegates which acts as the organization's primary body for adopting new policies and recommendations as part of the association's official position.
The ABA has been criticized for perceived elitism and overrepresentation of white male corporate defense lawyers among its membership; in 1925, African-American lawyers formed the National Bar Association at a time when ABA would not allow them to be members.
However, since the 1960s, the ABA has made great strides in increasing the diversity of its membership. Its membership has grown from less than 11 percent of all American lawyers to roughly 50 percent today. In recent years, the ABA has also drawn some criticism, mainly from the conservative side of the political spectrum, for taking positions on controversial public policy topics such as abortion, capital punishment and gun control. The ABA's official position in favor of abortion rights led to the formation of a (much smaller) alternative organization for lawyers, the National Lawyers Association. The Federalist Society sponsors a twice-a-year publication called "ABA Watch" that reports on the political activities of the ABA.
In 1995 Roberta Cooper Ramo became the first woman president of the American Bar Association since its inception in 1878. In 2003 Dennis W. Archer, former mayor of Detroit, Michigan, became the first African-American president of the ABA. He was followed immediately by the second, Robert J. Grey, Jr. of Richmond, Virginia for the 2004-2005 term. Following Grey, Michael S. Greco of Boston, Massachusetts became the first foreign-born American Bar Association president. Greco immigrated to the United States as a child from Italy.
Rating of judicial nominees
For decades, the ABA has participated in the federal judicial nomination process by vetting nominees and giving them a rating ranging from "not qualified" to "well qualified." The process has been accused by some (including the Federalist Society) of having a liberal bias. For example, the ABA gave Ronald Reagan's judicial nominees Richard Posner and Frank H. Easterbrook low "qualified/not qualified" ratings;[1] later, the ABA gave Bill Clinton judicial nominees with similar resumes "well qualified" ratings.[2] Meanwhile, Judges Posner and Easterbrook have gone on to become the two most highly-cited judges in the federal appellate judiciary.[3] In 2001, the George W. Bush administration announced that it would cease cooperating with the ABA in advance of judicial nominations. The ABA continues to rate nominees. In 2005, the ABA gave John Roberts, George W. Bush's nomination for Chief Justice of the Supreme Court, a unanimous "well-qualified" rating. It also gave a unanimous "well qualified" rating to appellate court nominee Miguel Estrada, who never took his seat because his nomination was filibustered. However, it gave only a "qualified/not-qualified" rating to nominee Janice Rogers Brown.[4]. In 2006, the ABA gave a unanimous "well-qualified" rating to Judge Samuel Alito, Bush's appointee for Sandra Day O'Connor's Associate Justice position.
"ABA: Bush violating Constitution"
In July 2006, an ABA task force released a report which concluded that George W. Bush's use of "signing statements" violates the Constitution. These are documents attached by the President to bills he signs, in which he states that he will enforce the new law only to the extent that he feels the law conforms to his interpretation of the Constitution.[5]
See also
International American Bar Associations
- Armenian-American Bar Association
- The Lithuanian-American Bar Association
- The Ukrainian American Bar Association