Thesis (Ph. D.)--Oklahoma State University, 1985. / Vita. eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references (leaves 359-379).

The problem of this investigation was to make an exploratory examination of attorney attitudes concerning legal service marketing. The study was confined to attorneys licensed to practice law in the State of Texas. Items of specific interest were the implicit and explicit marketing management philosophies of attorneys, attitudes toward various promotional and media issues with respect to legal marketing, and attitudes toward serving the interest of various publics in the practice of law.

No description available.

Researchers have indicated that there are no formal guidelines for placing convicted transgender felons in the United States in correctional facilities and addressing their post-placement medical care and treatment. The problem is that inappropriate placement may lead to the discrimination of transgender offenders; it may also put them in situations that threaten their safety. Attorneys are legal advocates assigned to defend and protect the rights of their clients during the trial and sentencing phase when correctional placement is determined. The purpose of this hermeneutic, phenomenological study was to explore the lived experiences of attorneys who represent transgender clients during the legal process of determining their correctional placement. Heider's attribution theory and de Lauretis's queer theory provided a conceptual framework for this study. Participants were 5 attorneys and 1 legal assistant in a large, urban county in Texas. Data were collected using semistructured interviews and analyzed using thematic, linguistic content analysis. The findings from this study suggested that the participant attorneys believed that gender self-identification may reduce the amount of discrimination that transgender clients face in the U.S. prison system and is the first step in determining safe and appropriate housing placement for transgender felons. The findings further suggested that judges and administrators serving in the U.S. criminal justice system need additional education about the transgender population so that sentencing decisions can effectively and safely house the transgender inmate population. The results of this study affect social change by providing wide-ranging administrative changes that should be made in order to address the overall needs of transgender individuals across the U.S. criminal justice system.

Doctor Legum - LLD / This thesis investigates the legislative measures employed in South Africa to combat the implication of lawyers in money laundering schemes. Criminals make use of sophisticated technological means to transfer money and launderers routinely approach lawyers to assist them in their illegal endeavours. The legal profession is almost tailor-made for abuse by launderers, because lawyers work with huge amounts of money, clients are entitled to legal professional privilege and the right to legal representation is guaranteed constitutionally. The South African anti-money laundering regime, for the most part, is contained in two statutes, the Financial Intelligence Centre Act (FICA) and the Prevention of Organised Crime Act (POCA). Whilst FICA and POCA require the legal profession to be vigilant and accountable in the fight against money laundering, unfortunately they also infringe on hard-won rights, such as legal professional privilege, the right to legal representation and attorney-client confidentiality. The study considers South Africa’s efforts to fulfil its international anti-money laundering obligations whilst upholding the criminal procedural rights guaranteed in the Constitution. It is suggested that certain sections of FICA and POCA fail to find the required balance between protecting citizens from the harms of money laundering and protecting the fundamental rights of attorneys and their clients. Lawyers are in a unique position of trust and in some instances have access to information that may incriminate their clients. Unfortunately, in its quest to combat money laundering, Parliament did not consider seriously enough the position of lawyers and took the easy option of criminalising fees paid with tainted funds, as well as the non-submission of suspicious transaction reports (STRs) and cash transaction reports (CTRs). As a result, the South African legal profession is saddled with unacceptable constraints.

Master of Arts / Department of Sociology, Anthropology, and Social Work / Gerad Middendorf / This study examines the issue of gender bias and other gendering processes within the profession of law in Kansas. Although women have made great strides toward equality within the law profession, there are still glaring disparities between men’s and women’s occupational attainment. Women enter law school at similar rates as men do; however, they are not similarly represented in the legal profession upon graduation, or throughout their careers. Utilizing a theory of gendered organizations, this study seeks to investigate what impact, if any, certain sociodemographic factors, sector of law, mentorship, and perceptions of discrimination, have on women’s levels of job satisfaction. To accomplish this goal, this study makes connections between previous research conducted by the Kansas Bar Association, and more recent survey data modeled after the original KBA research. Underlying structures and ingrained interactions are examined quantitatively, to gain a better understanding of the gendered processes that women experience within the profession of law in Kansas.

Made available in DSpace on 2016-08-10T10:46:38Z (GMT). No. of bitstreams: 1 Yashmin Crispim Baiocchi de Paula e Toledo.pdf: 737877 bytes, checksum: c2b6da727cd7314501330cf1d94c95b3 (MD5) Previous issue date: 2010-06-10 / The Public Attorneys was created as an institution to defend the interests of sovereign will and to promote the penal prosecution. In Brazil, the Federal Constitution of 1988 conferred a new profile to the institution, by prioritizing the defense of basic human rights. The prison sentence, in turn; also appeared as an instrument of enforcing the sovereign will, directed toward transgressors of the law. Over time, it was molded and shaped according to political, economical and social changes. In the international scene, the penitentiary rights gained distinction in 1955, when the United Nations Congress elaborated the Standard Minimum Rules for the Treatment of Prisoners. Since then, the humanitarian and social idealism has made its way into the national and international legislation. The Law of Criminal Execution, Law N. 7,210/84, prior to the constitutional text, did not foresee the action of the Public Attorneys in defending the basic human rights of the prisoners. In this context, this paper proposes to investigate the performance of the Brazilian Public Attorneys through the following and inspection of the prison sentence, with the intention of verifying that it is in agreement with its new character, according to the Federal Constitution of 1988, of defending and keeping the legal order, the democratic system and the basic human rights, or if the institution continues to be engaged in the role of "relentless accuser" and in this sense is contributing to the chaos of the penitentiary system. The theoretical postulates will be centered on authors pertaining to the issue, such as: ALBERGARIA (1992); ANDRADE (2002); BARBOSA (2002); BECCARIA (1996), BITENCOURT (2001); BOBBIO (2004); CANOTILHO (1998); FOUCAULT (1987/2002); FRAGOSO (1980); MAZZILLI (2005); MIRABETE (1997/1998); ROXIN (1986/2000); SHECAIRA (1995/2004), among others. / O Ministério Público surgiu como uma instituição incumbida de defender os interesses do soberano e promover a acusação penal. No Brasil, a Constituição Federal de 1988 conferiu novo perfil à instituição, ao priorizar a atuação em defesa dos direitos fundamentais. A pena privativa de liberdade, por sua vez; também surgiu como instrumento de imposição da vontade do soberano dirigido àquele que transgredisse a ordem dominante e, ao longo do tempo, recebeu contornos diferentes à medida que se alteravam fatores políticos, econômicos e sociais. No cenário internacional, o direito penitenciário ganhou destaque, a partir de 1955, quando a Organização das Nações Unidas elaborou as Regras Mínimas para o Tratamento de Reclusos. Desde então, o ideário humanitário e socializador passou a permear a legislação nacional e internacional. A Lei de Execução Penal, Lei n. 7.210/84, anterior ao texto constitucional, não previu a atuação do Ministério Público, como garantidor dos direitos fundamentais dos presos. Nesse contexto, o presente trabalho se propõe a investigar a atuação do Ministério Público brasileiro no acompanhamento e fiscalização da pena privativa de liberdade, no intuito de verificar se há consonância com a nova feição que lhe foi atribuída pela Constituição Federal de 1988, de defensor da ordem jurídica, do regime democrático e dos direitos fundamentais, ou se a instituição continua apegada à função de "acusador implacável" e nesse sentido está contribuindo para o caos do sistema penitenciário. Os postulados teóricos; estarão centrados em autores pertinentes ao tema, como: ALBERGARIA (1992); ANDRADE (2002); BARBOSA (2002); BECCARIA (1996), BITENCOURT (2001); BOBBIO (2004); CANOTILHO (1998); FOUCAULT (1987/2002); FRAGOSO (1980); MAZZILLI (2005); MIRABETE (1997/1998); ROXIN (1986/2000); SHECAIRA (1995/2004), além de outros.

Abstract Immigration courts in the United Sates are struggling to resolve 610,524 removal proceedings cases with approximately 330 judges located in 58 immigration courts nationwide. Due to the limited number of judges, case backlogs have increased steadily, with the wait time being 854 days in 2017 for the first hearing and much longer for case resolution. The purpose of this case study was to explore the perceptions and attitudes of immigration attorneys about delays in removal proceeding hearings in an immigration court in the southwest. Kettl's transformation of governance theory served as the theoretical foundation for this study, which explored immigration attorneys' perceptions about the effects of delays on the welfare of immigrant clients, the effects of delays on client-attorney relationships, and potential solutions to the delay crisis. Data were collected through semistructured interviews with a snowball sample of 10 participants as well as deportation hearing observations and court document reviews. Data were analyzed using the open coding technique. Findings indicated that legal representation was challenging for undocumented immigrants as the lack of proper documents often dissuaded immigrants from seeking legal guidance and they experienced challenges in navigating workplaces, schools, and society. Findings also indicated inadequacies in immigration courts and the need for more funding and resources such as judges, staff training, online application submission system, and judicial system restructuring. The implications for positive social change are directed at immigration policymakers and decision makers as a better understanding of the delay crisis may help them to focus attention and resources in helping to reduce the backlog and improve the judicial process.

No description available.

It is known the case of the public attorneys that, having the opportunity to settle a controversy aroused between the public entity and the contractor, prefer to submit that dispute to arbitration with higher costs that this decision cause to the State. The reason? The concern of having «the reasonableness of his decision to settle the dispute» subjected to an administrative responsibility procedure.This paper aims to discuss this problem and analyze a possible solution. Thus, taking into consideration the Colombian experience and the recent Peruvian regulation in the «Reglamento de la Ley de APPs», the authors suggest to include in the «Nueva Ley de Contrataciones del Estado» the «Amicable Compositor» as a mechanism of alternative dispute resolution. / Es conocido el caso del procurador público que ante la posibilidad de transar los conflictos que surgen entre las entidades públicas y los contratistas, prefiere llevarlos a arbitraje con los mayores costos que dicha decisión genera para el Estado. El motivo responde a la preocupación de que se cuestione «la razonabilidad de su decisión de transar» imputándole responsabilidad mediante acciones de control.El presente artículo tiene como finalidad traer a discusión esta problemática así como una posible solución. De esta forma, teniendo en consideración la experiencia colombiana así como su reciente regulación en el Reglamento de la Ley de APPs, los autores proponen incluir en la Nueva Ley de Contrataciones del Estado la figura del «Amigable Componedor» como mecanismo alternativo de solución amigable de conflictos.