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Legal problems of the rural poor in 2 counties of southern Colorado (Conejos and Costilla) are examined in this 1970 report. The empirical research for this project consisted of 3 phases: (1) determination (by questionnaire) of attitudes of rural Colorado attorneys toward the legal problems of the indigenous poor; (2) the use of unstructured interviews with local community leaders in the 2 counties to collect general information regarding the legal problems of local indigents, the extent to which they seek the assistance of nonattorney community leaders, and the effectiveness of these leaders in performing their self-designated tasks as "confidants" to the poor; and (3) the use of informal interviews with the rural poor to determine their experiences in recognizing and confronting problems having legal implications and their actual contact with an attorney. The report of this project contains a description of the demography and social background of the conflict that results when these systems fail. Major conclusions reported are that the formal legal structure is largely alien to the poverty class of the 2 counties; that there is a need for free legal services for the rural poor; and that the informal system can be a viable adjunct to effective legal aid in the area. (PS)

A 1968 field study of the legal problems of the rural poor in an eastern North Carolina county typical of the rural poverty belt is described in this report. The primary purposes of this study were (1) to determine the types of legal problems confronting the rural poor person, (2) to ascertain whether he perceived those problems as "legal," (3) to discover the methods and institutional sources employed in solving these problems, (4) to assess the effectiveness of sources utilized, (5) to identify the factors operative in increasing legal perception and problem-solving ability, and (6) to suggest direction for resolution of the particular problems revealed by the study. The survey was conducted on 2 levels: the first consisting of a questionnaire administered to a sample group of residents and the second consisting of unstructured interviews with the "community leadership" group. Major conclusions were that many people did not recognize some problems as legal and tended to use self-help methods; that child custody and criminal difficulties were the problems most frequently thought of by the sample as requiring the attention of a lawyer; and that there is evidence of a need for some type of free legal advisory service. A discussion of Federal programs as related to rural areas and a copy of the study questionnaire are appended. (PS)

This document is the third in a series of studies designed to examine the legal aspects of various potential educational problems in our society. This particular study deals with the case of a young man who, when denied admission to the only institution in the State University of New York that offered his chosen field of study, was forced to obtain admission to a private college in the State. The young man argued that since he was not rejected by the SUNY institution because of lack of qualifications but only lack of space, the State should offer financial aid sufficient to cover the added costs of the private institution. Eighty percent of the attorneys surveyed were of the opinion that the case would come to court within 5 years; 60% saw other public institutions such as hospitals coming under attack; 75% felt that student action for equal protection is invalid; and 60% saw the event as beneficial to society. The possible implications for the future of higher education arising out of this case are the death of private schools and more freedom of choice for the poor. (HS)

This document is the fourth in a series of studies designed to examine the legal aspects of various potential educational problems in our society. This particular study deals with the case of a private university in New York State that sues the State University of New York for exceeding its statutory authority. The private school accuses SUNY, in particular, of developing programs that already were offered at the private institution, thus attracting students away from the private school, wasting state funds on duplicated programs, and adding to the financial burden of the private school. Ninety percent of the attorneys surveyed were of the opinion that such a case could appear in the courts within 5 years; 95% believed that private colleges are a must for our society; and 80% see the event as reported as being threatening to society. Some of the implications that such an event might have for the future of higher education are: (1) the State would subsidize the private educational institutions; (2) a collectivist curriculum would develop in which the public institutions would be allowed to offer only what the private institutions do not; and (3) the expansion of a universal higher education system would be hampered. (HS)

This document is the second in a series of studies designed to examine the legal aspects of various potential educational problems in our society. This particular study deals with the case of a highly trained aerospace technician who sues the social security trust for loan benefits, arguing that he is economically disabled and has been retired by society. All the plaintiff wants is an opportunity to retrain himself through education with funds that he believes rightfully belongs to him. Seventy percent of the attorneys surveyed are of the opinion that the case will come to court and succeed within 3 years; 70% see the emergence of the concept of life-long education as a right as the primary implication for the future; 80% estimate between 1 and 5 million people would need similar service by 1980; 75% estimate the cost of such a service to be in excess of $150 million a year; and 85% see the effects of this case, if successful, as beneficial to society. (HS)

This document is one in a series of papers designed to explore the legal aspects of potential issues and problems arising in higher education. This particular paper deals with the case of a student suing his school board for fraud. His reasoning for the suit is that he can read only on the 7th grade level but was awarded a high school diploma anyway. The lawyers surveyed concerning this case either felt strongly that such an instance could never occur or that it would occur within the next 6 months to 4 years. Ninety percent of the lawyers surveyed were of the opinion that such a case could avoid going through the judicial process by going instead through legislation; 80% see the event as being beneficial to society; and 85% see the event as increasing the quality of education. (HS)

This document consists of the speeches given at the 1971 New Jersey School Law Forum. The Forum is held to encourage the research of timely legal issues involving the structure and operation of the New Jersey public schools, to assist the school law practitioner by affording him the opportunity to hear and discuss research and opinion on selected topics, and to provide a vehicle for the preservation and dissemination of school law research. The subjects presented in the speeches are (1) drug abuse control: The law and school board policies; (2) the law of nontenure teacher dismissals--a challenge for change; (3) attorneys' fees for bond work; (4) the New Jersey student suspension and expulsion law; (5) the public right-to-know law and school board documents; and (6) processing the teacher dismissal case. (JF)

This report outlines the various activities of the Association of American Law Schools (AALS) and therefore the purpose of the Association. The activities appear to fall into 5 general categories: (1) educational developments, including student components, faculty appointments, academic freedom and tenure, accreditation, admissions to the bar, curriculum study, teaching methods, education for professional responsibility, orientation programs in American law, publications, and educational activities beyond the primary law school program; (2) interdisciplinary undertakings, such as social science methods in legal education and annual meeting programs; (3) research; (4) law reform and lawyer impact on the community; and (5) government relations. The paper was written for distribution at the 1970 annual meeting of the AALS. (HS)

The author takes the position that communication is an essential, but often overlooked component of law and justice; furthermore, some of the current problems in the area of law and justice are basically communication problems. The author traces the early development of communication and law as closely related disciplines, with emphasis on the contributions of Aristotle, Cicero, and Quintilian. He discusses the decline of both rhetoric and law during the middle ages because of church influence and the feudal society and then summarizes the two legal forms that then emerged and influence law today: the British common-law system and the European civil code system. The author discusses current attempts to revive the relationship between rhetoric and law, with particular emphasis on the writings of the Belgian scholar Chaim Perelman. He outlines methods by which concepts of justice, once determined, can be made effective in terms of communication operating on four levels of legal activity: the lawyer-client relationship, the process of negotiation, the trial situation, and the judicial opinion. He concludes that law schools in America ignore the study of communication and makes recommendations for increased emphasis on legal communication as an essential part of the training of attorneys. (RN)

The authors offer proposals for studies of human behavior in the courtroom, with respect to communications interaction among jurors and source credibility of attorneys. They refer to innovations in videotaping procedures, which make it possible to examine communications principles and dynamics in the courtroom situation. The first proposed study will be on the influence of the attorney on the decision-making process of the jury. The authors present an outline of a study that seeks to determine: (1) the dimensions of source credibility of attorneys and how they are affected by their adversary relationships; and (2) the influence of the attorney credibility on the behavior of jurists. The second proposed study deals with analysis of the jury in terms of small group theory and research. They would test their hypothesis that a six-man jury would be superior to the traditional jury of twelve, in terms of maximum efficiency. They also hypothesize that juries' decision-making performances would be improved by instruction in small group behavior and the discussion process. (RN)

Rhetoric and law had mutually beneficial influences on each other during the Graeco-Roman era. The relationship deteriorated during the middle ages because of a universal decline in learning, culture, and social organization; the hostility of the church toward rhetoric as a pagan concept; and the feudal structure in which there was no system of orderly government to prevail against individual domains. The disciplines of rhetoric and law were revived during the rebirth of learning and the development of the legal system in England, but in separate and different spheres. This segregation was a loss for both endeavors. The era since 1920, however, has witnessed the first signs of a trend toward the recognition of the role that rhetoric and law can play in association with each other. Legal realists have broken the ground for a broader view of the factors that contribute to an understanding of the legal system, and lawyers and judges are becoming aware of their problems in communication and rhetoric. (Author/RN)

The sole issue discussed in this amicus brief is whether law faculty should be in a representational unit separate from the rest of the university in National Labor Relations Board (NLRB) conducted elections. It is the position of the American Association of Law Schools (AALS) that the NLRB should adopt a policy of preferring to place law faculty in a bargaining unit separate from other university faculty. This brief demonstrates that the law faculty's sense of identity and community of interests are separate and apart from that of the rest of the faculty. It shows that, in comparison with other faculty, the law teacher comes from a different kind of academic work experience background, conducts himself in a manner that reflects his special responsibilities to the legal profession, is rewarded under separate promotional and salary criteria, teaches a very unique group of students, utilizes distinctive teaching methods, and operates within a different type of curriculum. In light of these and other circumstances, it is evident that the welfare of legal education and the legal profession are best served by finding that law faculty are in a separate voting unit. (Author/HS)

At the present time, there is a great need for legal services that are more available to people when and where they need them and at lower cost. The poor do not receive the legal services they need, and even with Federally funded legal services programs, probably not over 20 percent of their needs are being met. Unfortunately, the lower middle class may fare even worse than the poor now that many of the poor can use legal aid, and many parties to small controversies do not use the legal process because attorneys' fees would exceed the amount in controversy. "Sublegal" and "paralegal" personnel could be used by lawyers to aid in speeding up the legal process without any loss of quality in services rendered. The report is divided in five sections: Introduction, Reactions of the Bar to Competition, Unfilled Legal Needs and Trends in Future Demand, Some Proposed Reforms in the Structure of the Legal Profession, and Meeting Legal Needs. Materials on contexts of legal services, selected licensing statutes, and information on what lawyers do are appended. (Author/BC)

This study was directed toward an examination of the legal manpower system and its response to needs in Pennsylvania. Information based on surveys is presented on: (1) lawyer-population ratios by counties, lawyer-area ratios by counties, and lawyer ratios to population and area in the State; (2) legal manpower demand in terms of correlations between lawyers and economic variables, growth in litigation, student demand for legal education, and social demands; (3) legal manpower supply on a national as well as State basis related to the rapid growth of litigation and increased demand for legal services to the poor; (4) projections of legal manpower demand and supply based on projected population, on Pennsylvania gross product, on national lawyer ratio, on Pennsylvania surveys, and in relation to a Bureau of Labor Statistics national projection; and (5) the use of legal assistants. The major finding is that Pennsylvania will require a quantitative and qualitative increase in legal manpower during the 1971-80 period, and that the State's law schools, as presently operating, will be unable to provide the needed supply of legal manpower. (AF)

This report presents an overall picture of legal education available in Texas in 1964. Chapter 1 discusses the history of legal education in the State and reviews the procedures and requirements for being admitted to the Texas Bar. Chapter 2 presents brief descriptions of the faculty, students, curriculum, and facilities of Texas' 3 State supported and 4 independent law schools. Chapter 3 deals with the projected need for lawyers in Texas and presents tables on the number of lawyers per 100,000 population in the other states; and chapter 4 examines the future of legal education in the State. Included in the appendices are lists of faculty in the Texas law schools and their degrees; and statements of the purpose and history of each of the law schools. (AF)

There is a great temptation not to talk about information networks for the legal profession because there exists a well organized publishing industry meeting the historical and contemporary research needs in areas of statutory and case law, and even for administrative regulations. This is an information network. There also exists a strong, closely knit special library profession, managing to serve as storehouses of the information-data banks (law books) and as a bibliographic network. Nevertheless, the potential of the computer to introduce thoroughness, accuracy and speed to the manipulation of legal data and sophisticated communication devices to expedite access and thereby utilization of data hold genuine excitement for those who think and talk of networks. Legal service for the broadest possible community is still costly either in dollars or in wasted talent. Anything that can expedite the task of the lawyer, resulting in better and faster service at lower unit costs, has to be explored. (Other papers from this conference are available as LI 003360 - 003386 and LI 003388 through LI 003390) (Author/NH)

In response to requests from Texas institutions of higher education to establish additional legal education programs, the Coordinating Board, Texas College and University System in October 1972, appointed two groups to undertake a cooperative study to assist in determining whether or not additional opportunities for legal education were needed in Texas and, if so, how that need could best be met. The four broad questions posed to committee were: (1) Is there a need for more opportunities for legal education? (2) Does the State of Texas have need for more practicing attorneys and/or legally-trained persons? (3) What are the employment opportunities for persons with legal education; and (4) What is the present cost of legal education and what would be the projected costs to the State for the expansion of legal education? To answer the broad questions the Coordinating Board had asked, the committee embarked on two major independent studies: (1) to determine how many qualified Texas residents are seeking admission to Texas law schools only to be denied, and (2) to determine the employment opportunities for graduates of Texas law schools, as perceived by members of Texas law firms. The committee also studies: costs of setting up law libraries, costs of law school facilities, status of parttime legal education, law courses offered outside law schools, and accessibility of legal assistance to the poor and the middle class. (Author/PG)

In this booklet, the author describes both the changing role of the school superintendent and nine ways in which today's administrators differ from their predecessors. He also discusses the role of the school attorney (1) as an advisor at law, (2) as a counselor on governance, and (3) as an attorney in litigation. (JF)

Rhetorical critics generally base their comments on the assumption that a communicator has all the reasons, persuasive devices, and approaches available in the rhetorical situation, and that he can make choices of what should be utilized. The lawyer-persuader, however, does not have unlimited choice since he is bound by legal rules and constraints. Therefore, the rhetorical critic must at least be aware of the legal constraints before he can criticize lawyers' choices and persuasive methods. Courtroom atmospheres, settings, and traditions, as well as laws and set procedures, impose rhetorical restrictions. Some recently published articles on the communication process and on forensics indicated an awareness among scholars of the possibilities that unique courtroom situations offer for further communication research. (RN)

The effect of lawyer credibility and juror perception on trial verdicts was tested through the use of a videotaped, reenacted genuine court case. The reactions of two groups of test subjects composed, first, college students enrolled in speech communication courses and, second, persons who had served on a real jury within four years, provided data which was too inconclusive to resolve the discrepancy between the traditional contention that attorneys have little impact on juries beyond information transmission and the contention that the credibility and prestige of the lawyer is the most significant influence in persuading juries. However, results indicated clearly that, in juries, the same methods of persuasion are used in convincing abstaining jurors to join the consensus and that most juries evidence a marked absence of status problems. Six-man juries, as tested, seemed to be equal to and often superior to twelve-man juries. (CH)

The results of a survey of four kinds of television-based educational programs are presented. The study examined the developmental steps which preceded the production of Sesame Street by Children's Television Workshop, of the Chicago TV College, of Telekolleg of Germany, and of the Advocates; the aim was to identify developmental models to be used in connection with the creation of a new career education program aimed at women in the home and sponsored by the United States Office of Education. The first section of the report describes a general model of program development which includes the common phases of planning, development, operations and evaluation. Following this, summary case studies of the four individual programs are provided. The conclusion is reached that if a program can be based upon an existing organization, if it requires neither extensive research nor complex programing, and if objectives, target audience and methods are known in advance, then an effective television-based educational program can be developed in a short time. If these conditions aren't present then the developmental phase will be long and costly. (PB)

The author examines the factors of school administration today that have buoyed the rise of the importance of attorneys as members of the school district "management team"; and he discusses the legal and social environment in which a school administration must function. In addition, the author discusses the impact of such environmental forces as the increasing role of the courts in defining and protecting student rights; the expanded expectations of education; and the increased involvement of citizen groups in education. (JF)

The books included in this bibliography were written by or about notable Americans from the 16th century to the present and were selected from the holdings of the Penfield Library, State University of New York, Oswego, on the basis of the individual's contribution in his field. The division into subject groups is borrowed from the biographical section of the "Encyclopedia of American History" with the addition of "Presidents" and includes fields in science, social science, arts and humanities, and public life. A person versatile in more than one field is categorized under the field which reflects his greatest achievement. Scientists who were more effective in the diffusion of knowledge than in original and creative work, appear in the tables as "Educators." Each bibliographic entry includes author, title, publisher, place and data of publication, and Library of Congress classification. An index of names and list of selected reference tools containing biographies concludes the bibliography. (JH)

Beginning with bibliographies, surveys, and other general works, this 225-item annotated bibliography on professional continuing education covers the following areas: engineering and technical education; chemistry and clinical psychology; medicine and health (including psychiatry); inservice education and retraining for lawyers, law enforcement officers, and military personnel; educational needs and programs for the clergy; academic and other forms of education for public administrators; the training of military and civilian personnel in the armed forces; and social worker education through group experience and other means. Notes on ERIC document availability, a list of publications of the ERIC Clearinghouse on Adult Education, and instructions for ordering documents through the ERIC Document Reproduction Service. (ly)

Intended for the professional workers with the deaf as well as for members of the legal profession, the text considers problems, including interpretation, that the deaf may have in coopeating with the legal system. Specific areas of legal concern covered include the following: contracts and relationships, injuries and accidents, criminal offenses, and governmental and administrative matters. (JD)

To keep abreast of newly enacted legislation and court opinions affecting school policies and regulation, school officials need prompt, competent, and reliable legal advice, and should be prepared to pay for it. By consulting a competent attorney, school officials can avoid unnecessary and costly delays resulting from litigation over procedural matters (e.g., bids, contracts, bond issues, and debt limit) and from Constitutional issues (e.g., various rules and regulations affecting the civil liberties of students and teachers). Informed legal advice should be available to school board members and district superintendents and administrators for use in all decisions having a potential for legal entanglement. (JH)

The report contains a series of papers that have been presented during the past decade by lawyers and economists at workshops sponsored by the North Central Land Economics Research Committee. The papers describe the bringing together of legal and economic research methods in order to solve rural problems. The first paper is entitled "Legal-Economic Research in Theory and Practice" and states that interdisciplinary research is essential for a broader view of a problem. "The Legal Researcher's Methods" is the second presentation, giving a detailed analysis of how a lawyer uses the classic law library, the non-legal library, and other methods to accomplish his research. The third paper deals with the research methods the economist uses and is entitled "Acquisitions of Primary and Secondary Data in Economics." The fourth presentation is "Research Methods Adaptable to Legal-Economic Inquiry" which concludes that linear programing and simulation are valid tools for this type of research. The fifth paper is called "Organization for Legal-Economic and Related Research," treating the problem of organizing across disciplinary lines and the difficulties encountered. The sixth and last paper is a summary of the workshops and re-emphasises and critiques the major points of each individual paper. (RH)

In a survey carried out in March 1967, questionnaires were sent to about 39 percent of the lawyers in New York State to find out their reactions to the TV series 'BEHIND THE LAW'. Of seven percent of the lawyers returning the questionnaires; one half had seen at least one or two of the shows, and 12 percent had viewed ten or more. Almost all of the respondents thought the programs served a specific need for New York attorneys, and three-fourths of them thought that TV is either 'better than' or 'about the same' as other media in continuing legal education. Most of the lawyers considered the presentation good to excellent as a medium of instruction, and over half of them thought that future TV series on law should deal with estates, criminal law, trial, appeal, taxes, and real estates. A full and detailed report of the survey, with questionnaires, is furnished. (GO)

The need for adequate knowledge of the personality patterns associated with professional competence, especially that of women professionals, spurred the authors to study this relationship, using 221 professional woman as subjects. The subjects, professionals from nine different occupations, were administered the Wechsler Adult Intelligence Scale (WAIS) from which the patterning of subtest scores provides the basis for the Gittinger Personality Assessment System (PAS). Primary emphasis was placed on the development of stable reference groups based on the complex interaction of PAS variables. A "good" reference group is defined as a set of individuals subject to similar psychodynamic mechanisms which encompasses a large number of persons within its defined limits. But it must be narrow enough to allow prediction of behavior on a within-group basis. Of the sampled professions, only realtors and social workers failed to contribute any members to the three established reference groups. Meaningful reference groups within these two professions were found, however. It is suggested that the pattern derived from the largest reference group, the Professional Generalists, could prove advantageous in university career counseling for women. (TL)

The delegates of the Appalachian Legal Services Conference pointed out that the Legal Resource Foundation was not to be a substitute for any agency or professional group but to supplement existing resources, serving as a central organization to focus attention on the need of communities and states to develop sound and effective legal service facilities. Professor Cady presented a survey of needs in legal services and Bert Early of the American Bar Association accepted wide responsbility for the legal profession. Descriptions of various types of plans that are operating successfully in other parts of the country were given. These include neighborhood law offices, circuit riding programs, judicare, and law school clinics. The book includes a resolution for: creating an ad hoc commission, drafting an appropriate charter and bylaws along the lines suggested by the resolution, and providing bylaws along the lines suggested by the resolution, and providing bylaws dealing with< policies of the Foundation (composition to be prescribed by the ad hoc commission), representation of the interests of the governors, bas associations, and affected clientele. Appendices contain survey data, and information on "practice of law" by law students, and a work program. (NL)

This report of the Master Plan Committee on Legal Education is part of Phase III of the Illinois Statewide Plan for Higher Education dealing with graduate and professional education. Chapter I, the introduction, describes present legal education capacity. In chapter II the State's future legal education demands are discussed, and in chapter III suggestions are made for meeting the future legal education demands. Chapter IV discusses law school curricula, interdisciplinary teaching and research, and expresses the need to bring more minority group members into the legal profession, and make financial aid available to them. It also recognizes the need for continuing legal education. Chapter V recommends that the question of the bar examination be reexamined so as to reflect the changes that are taking place in the legal profession and in legal education. Chapter VI recognizes the need to train court supporting personnel. The appendix includes enrollment data, degrees granted, population-lawyer ratio, membership in the state bar association, and the questionnaire. (AF)

Eight one day conferences on law enforcement problems were set up during 1967-68 on a regional basis in the Kentucky cities of Lexington Maysville, Covington, Catlettsburg, Pikeville, London, Richmond, and Harlan. Police officials, judges, prosecuting attorneys, university faculty, and civic leaders were invited to participate. Total attendance was 462. In addition to participating in the prepared discussions on the announced topics, the officers had the unique advantage of the combined talent, experience, and knowledge of veteran judges and attorneys and of officers from other localities in reaching solutions to special problems. Each program dealt with cooperation of officers and prosecuting attorneys in case preparation; court procedures; officer demeanor in court; the effect of recent court decisions on police procedures; and police-community relations. The most important by-product of the conferences was the realization by law enforcement officers that they could communicate with prosecutors and judges and that such communication could be mutually beneficial. Although attendance was disappointing in some cities, many penalists felt that the favorable impressions gained by attendees would help increase attendance at future conferences of this kind. (ly)