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Section of Individual Rights and Responsibilities

POLICY RESOLUTIONS PRESENTED TO THE ABA HOUSE OF DELEGATES

2000s | 1990s | 1980s | 1970s | 1960s

Note: Resolutions were developed and sponsored by the Section unless only co-sponsorship is indicated.

August 2006

Without taking a position supporting or opposing the death penalty, urges each jurisdiction that imposes capital punishment to implement specific polices and procedures as it relates to mental illness. Co-sponsored by the Criminal Justice Section, Commission on Mental and Physical Disability Law, Death Penalty Representation Project, Beverly Hills Bar Association, Section of Litigation, Los Angeles County Bar Association, Section of Dispute Resolution, Young Lawyers Division, Section of Health Law.

Urges the federal, state, local, and territorial governments to enact legislation prohibiting discrimination on the basis of actual or perceived gender identity or expression, in employment, housing and public accommodations.Co-sponsored by the Bar Association of San Francisco, Beverly Hills Bar Association, Los Angeles County Bar Association, Association of the Bar of the City of New York, State Bar of Mexico, Young Lawyers Division.

Urges federal, state, territorial, tribal, and local governments to assure that adequate and appropriate services are made readily available to at-risk youth and their caretakers. Presented by the Colorado Bar Association. Co-sponsored by the Tort Trial and Insurance Practice Section, General Practice, Solo and Small Firm Division, Commission on Domestic Violence, and the Presidential Advisory Council on Diversity in the Profession.

Urges all federal agencies to include within the definition of "homeless person" individuals who lack a fixed, regular and adequate nighttime residence including those who, due to loss of housing, economic hardship, or similar reasons, are sharing the housing of others or living in motels, hotels or camping grounds. Presented by the Commission on Homelessness and Poverty. Co-sponsored by the Senior Lawyers Division, Standing Committee on Legal Aid and Indigent Defendants, Commission on Domestic Violence, Commission on Mental and Physical Disability Law, Steering Committee on the Unmet Legal Needs of Children, Section of Business Law, Criminal Justice Section, Section of Real Property, Probate and Trust Law, Young Lawyers Division.

Urges federal, state, territorial, local and tribal governments to enact or amend domestic violence civil protection order statutes to provide protection to victims who are in a romantic or intimate relationship with the perpetrator of domestic violence or have been in a romantic or intimate relationship with the perpetrator, but do not necessarily have a child with, live with, or are married to the perpetrator of the violence. Presented by the Commission on Domestic Violence. Co-sponsored by the National Association of Women Lawyers, Commission on Immigration, Commission on Women in the Profession, Commission on Homelessness and Poverty, Tort Trial and Insurance Practice Section, Young Lawyers Division, Section of Family Law.

Urges federal, state, and territorial jurisdictions to provide legal counsel as a matter of right at public expense to low income persons in those categories of adversarial proceedings where basic human needs are at stake, such as those involving shelter, sustenance, safety, health or child custody as determined in each jurisdiction. Presented by the Task Force on Access to Civil Justice. Co-sponsored by the Section of Business Law, Commission on Interest on Lawyers Trust Accounts, Commission on Law and Aging, Section of Litigation, Steering Committee on Unmet Legal Needs of Children, Death Penalty Representation Project, Standing Committee on Legal Aid and Indigent Defendants, Commission on Immigration, The Association of the Bar of the City of New York, King County Bar Association, Maine State Bar Association, New York County Lawyers Association, Philadelphia Bar Association, National Legal Aid and Defender Association, Section of Administrative Law and Regulatory Practice, Boston Bar Association, Washington State Bar Association, Colorado Bar Association, New York State Bar Association, Connecticut Bar Association, Minnesota State Bar Association, Los Angeles County Bar Association, Bar Association of the District of Columbia, Section of Labor and Employment Law.

Urges all state, territorial and local bar associations to work with national, state and territorial bar examiners, law schools, universities and elementary and secondary schools to address significant problems facing minorities within the pipeline to the profession. Presented by the Advisory Council on Diversity in the Profession. Co-sponsored by the Kansas Bar Association, American Immigration Lawyers Association, National Association of Women Judges, National Bar Association, Bar Association of Erie County, Association of the Bar of the City of New York, New York State Bar Association, Section of International Law, San Diego County Bar Association, National Lesbian and Gay Law Association, State Bar of New Mexico, King County Bar Association, Maryland State Bar Association, Bar Association of Baltimore City, Section of Taxation, Bar Association of San Francisco, Section of Administrative Law and Regulatory Practice, New York County Lawyers Association, Section of Business Law, Senior Lawyers Division, Section of Dispute Resolution, Oregon State Bar, Judicial Division, Tennessee Bar Association, Illinois State Bar Association, State Bar of Wisconsin, Los Angeles County Bar Association, Hennepin County Bar Association, Ohio State Bar Association, Health Law Section, Dupage County Bar Association, Section of Litigation, Section of Intellectual Property Law, Santa Clara County Bar Association, Section of State and Local Government Law, Bar Association of the District of Columbia, Law Student Division, Tort Trial and Insurance Practice Section, Washington State Bar Association, Arkansas Bar Association, Maricopa Bar Association, Nashville Bar Association, Louisville Bar Association, Monrow County Bar Association, Pennsylvania State Bar Association, Minnesota State Bar Association, National Association of Women Lawyers, Section of Antitrust Law, Energy Bar Association, Hispanic National Bar Association, State Bar of South Dakota, Commission on Immigration, Massachusetts Bar Association, Section of Real Property Probate and Trust Law, Columbus Bar Association, Council on Legal Education Opportunity, Commission on Women in the Profession, Council on Racial and Ethnic Justice, Association of American Law Schools, Commission on Racial and Ethnic Diversity in the Profession, Chicago Council of Lawyers, Section of Labor and Employment Law, Young Lawyers Division, San Fernando Valley Bar Association.

Urges the United States Government to support the Darfur peace accord signed on May 5, 2006; and to support the work of the International Criminal Court in investigating and prosecuting the individuals responsible for crimes in Darfur, Sudan, the humanitarian work of the United Nations in Darfur, Sudan, the peacekeeping efforts of the African Union, and any eventual peacekeeping efforts of the United Nations in Darfur, Sudan. Presented by the Section of Litigation. Co-sponsored by the Criminal Justice Section, Section of State and Local Government Law, Section of International Law, Bar Association of the District of Columbia, Tort Trial and Insurance Practice Section, Young Lawyers Division.

Urges solo and small firm lawyers, attorneys, larger law firms, corporate law departments and government and military law offices to encourage their lawyers, partners as well as associates, to service their communities through pro bono and public service activities consistent with applicable rules of professional conduct and adopts Pro Bono Polices and Procedures, dates August 2006 to provide lawyers with opportunities to do pro bono work and to adopt specific internal policies and procedures to support such work. Presented by the Commission on Renaissance of Idealism in the Legal Profession. Co-sponsored by the Standing Committee on Pro Bono and Public Service, Stranding Committee on Legal Aid and Indigent Defendants, Senior Lawyers Division, Law Student Division, Section of State and Local Government Law, Government and Public Sector Lawyers Division, Section of Litigation, Standing Committee on the Delivery of Legal Services, Commission on Domestic Violence, Section of Health Law, Law Practice Management Section, Santa Clara County Bar Association, Section of Labor and Employment Law, Young Lawyers Division.

Urges law schools to require legal employers that recruit on campus to disclose, and to make available to the schools' students and alumni, specific information regarding the employer's pro bono policies practices and activities and urges law schools to adopt the Pro Bono Disclosure Requirements for Law School recruiters, dated August 2006. Presented by the Commission on Renaissance of Idealism in the Legal Profession. Co-sponsored by the Standing Committee on Pro Bono and Public Service, Standing Committee on Legal Aid and Indigent Defendants, Senior Lawyer Division, Law Student Division, Section of Litigation, Standing Committee on the Delivery of Legal Services, Commission on Domestic Violence, General Practice, Solo and Small Firm Division, Law Practice Management Section, Section of Labor and Employment Law, Young Lawyers Division.

Urges all federal, state, local and territorial courts to develop programs, in collaboration with state, local and territorial bar associations and pro bono programs and legal services offices, to encourage, facilitate and recognize pro bono representation of indigent parties in civil cases. Presented by the Commission on Renaissance of Idealism in the Legal Professions. Co-sponsored by the Standing Committee on Pro Bono and Public Service, Standing Committee on Legal Aid and Indigent Defendants, Senior Lawyers Division, Law Student Division, Section of Litigation, Standing Committee on the Delivery of Legal Services, National Association of Women Judges, Commission on Domestic Violence, General Practice, Solo and Small Firm Division, Standing Committee on Judicial Independence, Law Practice Management Section, Section of Labor and Employment Law, Young Lawyers Division.

Supports the preservation of the attorney-client privilege and work product doctrine in connection with audits of company financial statements and urges the Securities and Exchange Commission and other relevant organizations to adopt standards, policies, practices and procedures and take other appropriate steps to ensure that attorney-client privilege and work product protections are preserved throughout the audit process. Presented by the Task Force on Attorney-Client Privilege. Co-sponsored by the Tennessee Bar Association, Section of State and Local Government Law, Bar Association of San Francisco, Section of Business Law, Tort Trial and Insurance Practice Section, General Practice, Solo and Small Firm Division, Section of Health Law, Section of Litigation, Section of Taxation, New York State Bar Association, Section of Labor and Employment Law, Young Lawyers Division.

Recommends that prosecutors, investigators, and enforcement authorities should not, directly or indirectly, demand, request or encourage an entity to discipline, sanction or terminate any employee because of that employee's decision to exercise his or her Fifth Amendment right against self-incrimination. Presented by the Task Force on Attorney-Client Privilege. Co-sponsored by the New York State Bar Association, Section of Business Law, Tort Trial and Insurance Practice Section, General Practice, Solo and Small Firm Division, Section of Antitrust Law, Criminal Justice Section, Section of Litigation, Section of State and Local Government Law, Section of Labor and Employment Law, Young Lawyers Division, Section of Health Law, Section of Intellectual Property Law.

Opposes, as contrary to the rule of law and our constitutional system of separation of powers, the misuse of presidential signing statements by claiming the authority or stating the intention to disregard or decline to enforce all or part of a law the President has signed, or to interpret such a law in a manner inconsistent with the clear intent of Congress. Presented by the Task Force on Presidential Signing Statements. Co-sponsored by the Criminal Justice Section, The Association of the Bar of the City of New York, San Francisco Bar Association, Section of State and Local Government Law, National Association of Criminal Defense Lawyers.

 

February 2006

Urges Congress to create and appropriate funds for a Commission to study and make findings relating to the present day social, political, and economic consequences of both slavery and the denial thereafter of equal justice under law for persons of African descent living in the United States authorizes the Commission to propose public policies or governmental actions, if any, that may be appropriate to address such consequences. Co-sponsored by the Council on Racial and Ethnic Justice, Commission on Racial and Ethnic Diversity in the Profession.
Approved

Urges Congress to pass legislation to establish a process to provide federal recognition for a native Hawaiian governing entity. Co-sponsored by the Young Lawyers Division.
Approved as Revised

Opposes legislation and policies that prohibit, limit or restrict placement into foster care of any child on the basis of sexual orientation of the proposed foster parent when such foster care placement is otherwise appropriate under the applicable law of state, territory, or tribe. Presented by the Section of Family Law. Co-sponsored by the Commission on Homelessness and Poverty, Commission on Domestic Violence, Steering Committee on the Unmet Legal Needs of Children.
Approved as Revised

Supports the due process right to counsel for all persons in removal proceedings and the availability of legal representaion to all non-citizens in immigration-related matters. Presented by the Commission on Immigration. Co-sponsored by the Criminal Justice Section, Section of Litigation, Standing Committee on the Delivery of Legal Services, Section of International Law, Young Lawyers Division, Standing Committee on Legal Aid and Indigent Defendants.
Unanimously Approved

Supports a regulated, orderly and safe immigration system that promotes national security, addresses the undocumented population, need for immigrant labor, value of family reunification, and the need for an effective enforcement strategy; and supports lawful permanent residence and citizenship for undocumented persons who entered the United States as minors and have significant ties to the United States. Presented by the Commission on Immigration. Co-sponsored by Criminal Justice Section, Section of Litigation, Section of International Law, Young Lawyers Division, Standing Committee on Legal Aid and Indigent Defendants.
Approved

Urges an administrative agency structure that will provide all non-citizens with due process of law in the processing of their immigration applications and petitions, and in the conduct of their hearings or appeals, by all officials with responsibility for implementing U.S. immigration laws. Presented by the Commission on Immigration. Co-sponsored by the Criminal Justice Section, Section of Litigation, Standing Committee on the Diversity of Legal Services, Section of International Law, Young Lawyers Division, Standing Committee on Legal Aid and Indigent Defendants.
Approved

Supports a transparent, user-friendly, accessible, fair and efficient system for administering immigration laws that has sufficient resources to carry out its functions in a timely manner. Presented by the Commission on Immigration. Co-sponsored by Criminal Justice Section, Section of Litigation, Standing Committee on the Delivery of Legal Services, Section of International Law, Young Lawyers Division, Standing Committee on Legal Aid and Indigent Defendants.
Approved

Opposes the detention of non-citizens in immigration removal proceedings except in extraordinary circumstances, which would include a determination, following a hearing and subject to judicial review, that a person presents a threat to national security or public safety, or presents a substantial flight risk. Presented by the Commission on Immigration. Co-sponsored by the Criminal Justice Section, Section of Litigation, Section of International Law, Young Lawyers Division, Standing Committee on Legal Aid and Indigent Defendants.
Approved

Supports the establishment of laws, policies, and practices that ensure optimum access to legal protection seekers, torture victims, and other deserving of humanitarian refuge. Presented by the Commission on Immigration. Co-sponsored by the Criminal Justice Section, Section of Litigation, Section of International Law, Young Lawyers Division, Standing Committee on Legal Aid and indigent Defendants.
Approved

Supports avenues for lawful immigration status, employment authorization, and public benefits for victims and derivative family members, of human trafficking and other crimes described in 101(a)(15)(U)(iii) of the Immigration and Nationality Act and supports the use of Legal Services Corporation funding to provide services to such victims. Presented by the Commission on Immigration. Co-sponsored by the Criminal Justice Section, Section of Litigation, Section of International Law, Young Lawyers Division, Standing Committee on Legal Aid and Indigent Defendants, Commission on Domestic Violence, Section of State and Local Government Law.
Approved

Urges the Attorney General of the United States to issue a memorandum to Freedom of Information Act (FOIA) officials at federal agencies clarifying that the designation of agency records as "sensitive but unclassified" cannot be a basis for witholding agency documents from release. Presented by the Section of Administrative Law and Regulatory Practice. Co-sponsored by the Section of State and Local Government Law.
Approved as Revised

Urges under warranted circumstances, the expansion of the use of the pardon power to provide relief to non-citizens otherwise subject to removal on grounds related to conviction. Presented by the Criminal Justice Section. Co-sponsored by the Commission on Immigration.
Approved

Calls upon the United States President to abide by the U.S. Constitutional system of checks and balances and respect the roles of Congress and the judiciary and opposes any future electronic surveillance that does not comply with FISA. Presented by the Task Force on Domestic Surveillance in the Fight Against Terrorism. Co-sponsored by the Section of Criminal Justice, Section of International Law, Section of Science and Technology Law, Section of Litigation, Center for Human Rights, Commission on Immigration.
Approved as Revised

Supports the granting of a permanent injunction enjoining a patent infringer from future infringement of a patent that has been adjudicated to be valid, enforceable and infringed, in accordance with the principles of equity on such terms as the court deems reasonable. Presented by the Section of Intellectual Property Law.
Approved as Revised

August 2005

Supports the reauthorization of the Voting Rights Act of 1965 as amended through 1992. Co-sponsored by the Commission on Election Law, Administrative Law and Regulatory Practice Section, and the Young Lawyers Division.
Approved

Affirms the belief that a fair, impartial, and independent judiciary is fundamental to a free society and calls on all Americans, including elected officials, to support and defend our judiciary and its role in maintaining the fundamental liberties under the Constitution of the United States. Presented by the State Bar of Texas. Co-Sponsored by Tort Trial & Insurance Practice Section, Section of Health Law, Section of Intellectual Property Law, Antitrust Law Section, Standing Committee on Specialization, Section of Science and Technology Law, General Practice, Solo & Small Firm Section, Commission on Immigration, Section of Litigation, Section of Environment, Energy & Resource Law, Standing Committee on Legal Aid & Indigent Defendents, Standing Committee on Judicial Independence, Section of Administrative Law & Regulatory Practice, Section of State & Local Government Law, Criminal Justice Section, Young Lawyers Division, section of Dispute Resolution, Judicial Division, Taxation Section, Senior Lawyer Division
Approved

Urges Congress, the states and territories to enact and/or adopt policies consistent with the recommendations of the national bipartisan Pew Commission on Children in Foster Care for improving the outcomes for abused and neglected children under dependency court jurisdiction. Presented by the Los Angeles County Bar Asssociation. Co-sponsored by Tort Trial & Insurance Practice Section, Family Law Section, Young Lawyers Division
Approved

Supports federal, state and territorial laws that would restrict the sale, distribution, transfer and posession of .50 caliber sniper weapons except to the United States military, and the Nationl Guard and law enforcement agencies. Presented by the Bar Association of San Francisco. Co-sponsored by the Special Commission on Gun Violence, Criminal Justice Section
Approved as Revised

Urges all state, territorial and local legislative bodies and governmental officials to repeal laws and discontinue practices that permit insurers to deny coverage for alcohol or drug related injuries or losses covered by accident and sickness insurance policies that provide hospital, medical and surgical expense coverage. Presented by the Standing Committee on Substance Abuse. Co-sponsored by the Commission on Homelesness & Poverty, Commission on Mental & Physical Disability Law.
Approved as Revised

Encouraging Congress to establish the Administrative Law Judge Conference of the United States as an independent agency to assume the responsibility of the United States Office of Personnel Management with respect to the Administratve Law Judges, including their testing, selection, and appointment. Presented by the Judicial Division. Co-sponsored by Government and Public Sector Lawyers Division, Health Law Section, Tort Trial & Insurance Practice Section, Senior Lawyers Division, Section of State & Local Government, Section of Labor & Employment Law, Section of Public Contract Law, Administrative Law & Regulatory Practice Section, Criminal Justice Section
Approved

Encourages Congress, the Department of Justice Judicial Security Review Group and the Department of Justice Office of Inspector General to determine whether the United States Marshals Service has corrected significant vulnerabilities to critical elements of its judicial security program that were identified by the IG in its March 2004 report entitled "Review of the United States Marshals Service Judicial Security Process." Presented by the Justice Center Coordinating Council. Co-sponsored by the Judicial Division, Standing Committee on Federal Judical Improvement, Standing Committee on Judicial Independence, Section of State & Local Government, Section of Labor Law, Family Law Section, Tort Trial & Insurance Practice Section, Senior Lawyers Division, Administrative Law & Regulatory Practice Section, Section of Science and Technology Law, Young Lawyers Division
Approved as Revised

Urges Congress, the U.S. Postal Service and other appropriate federal entities to ensure the prompt delivery of and adequate customer access to the U.S. mail for people experiencing homelessness. Presented by the Commission on Homelessness & Poverty. Co-sponsored by the Commission on Mental and Physical Disability Law, Standing Committee on Legal Aid & Indigent Defendants, Government & Public Sector Lawyers Division, Standing Committee on Substance Abuse, Young Lawyers Division
Approved

Opposes any structural or financial changes in the Medicaid program and the need for innovation in shaping more effective health care system that would weaken the current entitlement nature of the program or shared legal obligation that the federal, state and territorial governments have to provide a comprehensive set of benefits to all individuals who meet eligibility criteria and supports Medicaid restructuring that adheres to sever enumerated principles. Presented by the Commission on Law and Aging. Co-sponsored by the Commission on Domestic Violence, Committee on Legal Aid & Indigent Defendants, Tort Trial & Insurance Practice Section, Health Law Section, Young Lawyers Division.
Approved as Revised

Urges federal, state, territorial and local governments to reduce domestic violence by enforing orders of protection as required under federal, state, local and territorial law and urges state and local governmnets to enact appropriate remedies for failure to enforce the terms of civil and criminal protection orders. Presented by the Commission on Domestic Violence. Co-sponsored by the Section of Family Law, Commission on Homelessness & Poverty, Commission on Women in the Profession, Standing Committee on Legal & Indigent Defendants, Commission on Immigration, Government and Public Sector Lawyers Division.
Approved as Revised

 

February 2005

Opposes any government actions and policies that would interfere with patients’ abilities to receive from health care providers all relevant and necessary information they need to make fully informed health care decisions and information with respect to access to medically appropriate care. The resolution is intended to prevent government interference that would undermine longstanding principles of informed consent, and is intended to insure patients receive complete, accurate, unbiased and timely information about their treatment options. Co-sponsored by the Health Law Section, the Special Committee on Bioethics and the Law, the Section of Administrative Law and Regulatory Practice, and the Young Lawyers Division.
Approved as Revised

Supports legislation to repeal the statutory provision preventing veterans from paying an attorney to represent them in connection with their claims for federal benefits. Presented by the Pennsylvania Bar Association.
Co-sponsored by the Bar Association of the District of Columbia, Section of Individual Rights and Responsibilities, the Standing Committee on Legal Assistance for Military Personnel, the Maryland State Bar Association, the Standing Committee on the Delivery of Legal Services, the Judge Advocates Association, and the Young Lawyers Division.

Approved

Calls upon the United States government to take all necessary and proper actions within its power to end the ongoing atrocities (including genocide, crimes against humanity and war crimes) in Darfur, Sudan. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved as Revised

Urges jurisdictions to enact statutes to adequately compensate individuals who have been convicted and incarcerated for crimes they did not commit and identifying factors that should be considered in drafting such statutes. Presented by the Criminal Justice Section. Co-sponsored by the Section of Individual Rights and Responsibilities, the Standing Committee on the Delivery of Legal Services, and the Young Lawyers Division.
Approved as Revised

Urges federal, state, local and territorial governments to reduce the risk of convicting the innocent, while increasing the likelihood of convicting the guilty, by ensuring that no prosecution should occur based solely upon uncorroborated jailhouse informant testimony. Presented by the Criminal Justice Section. Co-sponsored by the Section of Individual Rights and Responsibilities and the Young Lawyers Division.
Approved

Urges federal, state, local and territorial governments to reduce the risk of convicting the innocent by establishing standards of practice for defense counsel in serious non-capital criminal cases. Presented by the Criminal Justice Section. Co-sponsored by the Section of Individual Rights and Responsibilities, Section of Litigation and the Young Lawyers Division.
Approved as Revised

Calls upon Congress and the Administration to take steps to ensure that the visa issuance process is more effective and efficient, particularly for those who seek to conduct scientific or scholarly research in the United States and supporting policies to enhance homeland and national security and efforts to establish new visa policies and procedures to bolster security. Presented by the Section of Science and Technology Law. Co-sponsored by the Section of Individual Rights and Responsibilities, the American Immigration Lawyers Association, the Section of Administrative Law and Regulatory Practice, Health Law Section, the Section of Labor and Employment Law, the Section of Intellectual Property, and the Young Lawyers Division.
Approved as Revised

Supports the repeal of annual numerical caps that result in undue delays in the granting of lawful permanent residence to those individuals who have already been granted asylum status in the United States. Presented by the Commission on Immigration. Co-sponsored by the Section of Individual Rights and Responsibilities, the Standing Committee on Legal Aid and Indigent Defendants, the National Legal Aid and Defender Association, the American Immigration Lawyers Assocation, the Commission on Domestic Violence, and the Section of Administrative Law and Regulatory Practice.
Approved

Adopts the ABA Principles Relating to Juries and Jury Trials dated February 2005 and recommends that the appropriate entities review and revise, as appropriate, their respective Standards so as to eliminate any conflicts with the Principles and urges state, local and territorial bar associations to improve the management of jury trials by promoting the implementation of the Principles. Presented by the American Jury Product. Co-sponsored by the Criminal Justice Section, the State Bar of Arizona, the New Jersey State Bar Association, the Section of Litigation, the Section of Business Law, the Section of Individual Rights and Responsibilities, and the Young Lawyers Division.
Approved as Revised and Amended

Urges Congress to take specified steps to assure that federal sentencing practices are effective, fair and just, and effectuate the goals of sentencing set forth in the Sentencing Reform Act. Presented by the Criminal Justice Section. Co-sponsored by the Section of Individual Rights and Responsibilities, the Section on Litigation, the Standing Committee on Judicial Independence, and the American Judicature Society.
Approved

 

August 2004

Reaffirms policy adopted in 1972 urging the vigorous and effective enforcement of Title IX to clarify that retaliation constitutes a form of discrimination prohibited by Title IX for which a private right of action exists to enforce the statute.
Approved

Condemns any use of torture or other cruel, inhuman or degrading treatment or punishment upon persons within the custody or under the physical control of the United States government (including its contractors) and any endorsement or authorization of such measures by government lawyers, officials and agents. Presented by the Association of the Bar of the City of New York and the Task Force on Treatment of Enemy Combatants. Co-sponsored by the Section of Individual Rights and Responsibilities, the Criminal Justice Section, the Section of International Law and Practice, the Section of Litigation, the Center for Human Rights, the Bevely Hills Bar Association, the Bar Association of San Francisco, the National Association of Criminal Defense Lawyers, the New York County Lawyers' Association, the Virgin Islands Bar Association, the Section of Administrative Law and Regulatory Practice, the Section of Business Law, and the New York State Bar Association.
Approved as Revised

Encourages lawyers to gain a better understanding of public health law issues and to improve the legal preparedness of their communities to address public health threats, such as bioterrorism and infectious disease outbreaks. Presented by the Health Law Section. Co-sponsored by the Section of Individual Rights and Responsibilities, the Section of State and Local Government Law, the Standing Committee on Law and National Security, the Section of Science and Technology Law, the Section of Administrative Law and Regulatory Practice, and the Special Committee on Bioethics and the Law.
Approved as Revised

Protects the rights of any live-born human clones by supporting law and policy that essentially establishes a presumption that a live-born human clone is legally a separate and distinct person from its progenitor and that a human clone is a human being and has legal parents. Presented by the Section of Family Law. Co-sponsored by the Section of Individual Rights and Responsibilitiesand the Special Committee on Bioethics and the Law.
Approved as Revised

Supports policies to help assure uninterrupted educational access, special education and related services, and stability for homeless children and youth as well as children and youth placed by public agencies in out-of-home settings. Presented by the Commission on Homelessness and Poverty. Co-sponsored by the Steering Committee on UNMET Legal Needs of Children, the Commission on Domestic Violence, the Comision on MEntal and Physical Disability Law, the Section of Family Law, the Young Lawyers Division and the Section of Individual Rights and Responsibilities.
Approved

Adopts the black letter ABA Standards for the Custody, Placement and Care; Legal Representation; and Adjudication of Unaccompanied Alien Children in the United States, dated August 2004, which address the comprehensive psychological, legal, medical, mental health, educational and other basic needs of unaccompanied immigrant children in federal custody. Presented by the Commission on Immigration Policy, Practice and Pro Bono. Co-sponsored by the Section of Litigation, the Section of Family Law, the Standing Committee on Legal and Indigent Defendants, the Steering Committee on the UNMET Legal Needs of Children, the Beverly Hills Association, the Commission on Domestic Violence, the Young Lawyers Division, the Section of Individual Rights and Responsibilities, the Section of Administrative Law and Regulatory Practice, the Judicial Division, and the National Legal Aid and Defender Association.
Approved

Urges states, territories and the federal government to ensure that sentencing systems provide appropriate punishment without over reliance on incarceration as a criminal sanction and also urges Congress to take specific action with regard to existing federal sentencing laws and procedures. Presented by the Justice Kennedy Commission. Co-sponsored by the Young Lawyers Division, the Section of Individual Rights and Responsibilities, the Section of Business Law, the Criminal Justice Section, the Family Law Section, the Section of Litigation, the National Bar Association, the National Legal Aid and Defender Association, the Standing Committee on Federal Judicial Improvements, the Standing Committee on Judicial Independence, the Standing Committee on Substance Abuse, and the Judicial Division.
Approved

Urges states, territories and the federal government to strive to eliminate actual and perceived racial and ethnic bias in the criminal justice system and recommends the establishment of Criminal Justice Racial Task Forces to reduce or eliminate racial disparities at each stage of the criminal justice process. Presented by the Justice Kennedy Commission. Co-sponsored by the Young Lawyers Division, the Section of Individual Rights and Responsibilities, the Section of Business Law, the Criminal Justice Section, the Family Law Section, the Section of Litigation, the National Bar Association, the National Legal Aid and Defender Association, the Standing Committee on Federal Judicial Improvements, the Standing Committee on Judicial Independence, the Standing Committee on Substance Abuse, and the Judicial Division.
Approved

Urges states, territories and the federal government to establish: 1) standards and provide an accessible process by which prisoners may request a reduction of sentence in exceptional circumstances; and 2) standards governing applications for executive clemency and specify procedures an individual must follow in order to qualify for a grant of clemency and ensure that clemency procedures are reasonably accessible to all persons. Presented by the Justice Kennedy Commission. Co-sponsored by the Young Lawyers Division, the Section of Individual Rights and Responsibilities, the Section of Business Law, the Criminal Justice Section, the Family Law Section, the Section of Litigation, the National Bar Association, the National Legal Aid and Defender Association, the Standing Committee on Federal Judicial Improvements, the Standing Committee on Judicial Independence, the Standing Committee on Substance Abuse, and the Judicial Division.
Approved as Revised

Urges states, territories and the federal government to ensure that prisoners are effectively supervised in safe and secure environments and to implement policies and programs to prepare prisoners for release back into the community and to identify legal barriers for reentry of convicted persons. Presented by the Justice Kennedy Commission. Co-sponsored by the Young Lawyers Division, the Section of Individual Rights and Responsibilities, the Section of Business Law, the Criminal Justice Section, the Family Law Section, the Section of Litigation, the National Bar Association, the National Legal Aid and Defender Association, the Standing Committee on Federal Judicial Improvements, the Standing Committee on Judicial Independence, the Standing Committee on Substance Abuse, and the Judicial Division.
Approved as Revised

February 2004

Enunciates policy that should govern the proper exercise of universal criminal jurisdiction and clarifies the right of a nation to preempt the exercise of such jurisdiction over one or more of its citizens or lawful residents accused of committing an international crime upon declaring its willingness to investigate the allegations and prosecute the accused in accordance with international human rights norms and standards. Co-sponsored by the Standing Committee on Law and National Security, the Section of International Law and Practice, the Center for Human Rights, the Criminal Justice Section, the Bar Association of Metropolitan St. Louis, the Standing Committee on Armed Forces, Law, Goverment and Public Sector Lawyers Division, and the Judges Advocate Assocation.
Approved

Urges the federal government to implement HIV/AIDS-initiatives in a manner consistent with international human rights law and science-based prevention, care, support and treatment objectives and endorses the United Nations Declaration of Commitment on HIV/AIDS, dated June 2001. Co-sponsored by the AIDS Coordinating Committee, the Section of International Law and Practice, the Steering Committee on the UNMET Legal Needs of Children and the Young Lawyers Division.
Approved

Supports efforts of the National Tribal Steering Committee to address the inadequacy of health care for American Indians and Alaska Natives through the reauthorization of the Indian Health Care Improvement Act and urges Congress and the Executive Branch to address the various areas where health care for American Indians and Alaska Natives is deficient. Co-sponsored by the Steering Committee on the UNMET Legal Needs of Children.
Approved

Opposes any federal enactment that would restrict the ability of a state to: (a) prescribe the qualifications for civil marriage between two persons within its jurisdiction; or (b) determine when effect should be given to a civil marriage validly contracted between two persons under the laws of another jurisdiction. Co-sponsored by the Section of Family Law, the Steering Committee on the UNMET Legal Needs of Children, the National Lesbian and Gay Law Association, the Section of Administrative Law and Regulatory Practice, and the Young Lawyers Division.
Approved

Urges law enforcement agencies to videotape the entirety of custodial interrogations of crime suspects at police precincts, courthouses, detention centers and other places where suspects are held for questioning, or where videotaping is impractical, to audiotape the entirety of such interrogations and urges legislatures and/or courts to enact laws or rules of procedure for this requirement. Co-sponsored by the Section of Individual Rights and Responsibilities, the New York County Lawyers' Assoication, the Criminal Justice Section, and the Steering Committee on the UNMET legal Needs of Children.
Approved as Revised

Supports the creation of a United Nations Democracy Caucus within the United Nations (UN) framework to work towards the strengthening of democracy, human rights and the rule of law throughout the UN system. Presented by the Section of International Law and Practice. Co-sponsored by the Section of Individual Rights and Responsibilities, the Section of Business Law, the Section of Administrative Law and Regulatory Practice, and the Section of Science and Technology Law.
Approved

Encourages federal, state, territorial and local governments to adopt legislation that promotes school violence prevention education instruction, awareness training and programs for children, parents, teachers and school administrators and encourages lawyers to support school violence prevention education in schools and community settings. Presented by the Young Lawyers Division. Co-sponsored by the Section of Individual Rights and Responsibilities, the Section of Dispute Resolution, the Section of Family Law, the Section of General Practice, Solo and Small Firms, the Standing Committee on Public Education, the Section of State and Local Government Law, the Commission on Domestic Violence, the Section of Tort Trial and Insurance Practice, and the Steering Committee on the UNMET Legal Needs of Children.
Approved

Endorses the revised Standards for the Establishment and Operation of Ombuds Offices, dated February 2004. Presented by the Section of Administrative Law and Regulatory Practice. Co-sponsored by the Section of Individual Rights and Responsibilities, the Section of Business Law, the Section of Dispute Resolution, the Section of Labor and Employment Law, and the Section of State and Local Government Law.
Approved as Revised

Urges adoption of laws and policies to address the complex problem presented by the large number of adults with mental illness and juveniles with mental or emotional illness or disorders who come into contact with the criminal and juvenile justice systems, and supports increased funding and financing for public mental health systems. Presented by the Criminal Justice Section. Co-sponsored by the Section of Individual Rights and Responsibilities, the Young Lawyers Division, the Standing Committee on Substance Abuse, and the Steering Committee on the UNMMET Legal Needs of Children.
Approved as Revised

August 2003

Supports state and territorial laws and court decisions that permit the establishment of legal parent-child relationships through joint adoptions and second-parent adoptions by unmarried persons who are functioning as a child’s parents, when such adoptions are in the best interests of the child.
Approved

Opposes efforts to repeal the sunset provision of the USA PATRIOT Act of 2001, and urges Congress to conduct a thorough review of the implementation of the powers granted to the Executive Branch under the Act before considering any extension or expansion of surveillance authority under the Act.
Approved

Urges state, local, and territorial bar associations, judges, prosecutors, defenders, and police to address disparate treatment of racial and ethnic minority youths in the justice system, and encourages state and local bar associations and law enforcement to instill public confidence in the fairness of the justice system by ensuring the fair treatment of all youths. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved

Opposes the text of the "Racial Privacy Initiative" or any similar measure which prohibits any public entity from collecting or sorting any data on the basis of race or ethnicity. The resolution was approved as amended. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved as Amended

Adopts the black letter ABA Criminal Justice Standards on Collateral Sanctions and Discretionary Disqualification of Convicted Persons as an addition to the Third Edition American Bar Association Standards,which address issues related to legal disabilities that flow from a criminal conviction over and above the sentence imposed by the court. The resolution was approved as revised. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved as Revised

Amends Rule 1.6(b) of the ABA Model Rules of Professional Conduct to permit the lawyer to reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary and to amend the related Comment to Rule 1.6. The resolution was approved. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved

Amends Rule 1.13 of the ABA Model Rules of Professional Conduct to require the lawyer of an organizational client to report certain violations of law to higher organizational authority in certain circumstances unless reasonably believed not to be necessary in the best interest of the organization. The resolution was approved as amended. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved as Amended

Adopts corporate governance policies and related governance practices which involve structural and procedural reforms designed to enhance the independence and resources of outside directors or public corporation, increase the flow of material information and analysis to those directors, and enhance the ability of the lawyers representing public corporations to exercise and bear independent professional judgment. The resolution was approved. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved

Opposes legislation to repeal the federal Section 8 low-income housing voucher program or similar legislative proposals that would eliminate the present funding structure based on actual costs for the number of vouchers used and replace it with a state-administered block grant system and urges state, local and territorial bar associations to promote a better understanding of the Section 8 low-income housing voucher program. The resolution was approved. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved

Calls upon Congress and the Executive Branch to ensure that all defendants in any military commission trials that may take place have the opportunity to receive the zealous and effective assistance of Civilian Defense Counsel. The resolution was approved. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved


February 2003

Urges Congress to conduct regular and timely oversight of the government’s use of the Foreign Intelligence Surveillance Act (“FISA”) to ensure that FISA investigations do not violate the First, Fourth, and Fifth Amendments to the Constitution.
Approved as Revised

Urges that U. S. citizens and residents who are detained within the United States, based on their designation as “enemy combatants,” be afforded the opportunity for meaningful judicial review of their status, that they not be denied access to counsel in connection with the opportunity for such review, and that Congress establish clear standards and procedures governing their designation and treatment. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved as Revised

Adopts revisions to the black letter ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases, dated February 2003, and recommends adoption of the Guidelines by death penalty jurisdictions. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved

Supports the United States Constitution as the supreme law of the land and reaffirms the Association’s commitment to the doctrine of “judicial review” as a fundamental principle for a nation governed by the rule of law. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved

Recommends that the U. S. Court of Appeals for Veterans Claims and Congress take a series of procedural steps to seek faster and more efficient resolution of veterans’ disability claims. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved as revised

Supports and urges reasonable and balanced initiatives designed to detect and prevent domestic and international money laundering and terrorist financing. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved

Supports federal, state, local, and territorial legislation that prohibits discrimination in housing against victims of domestic violence and urges all relevant federal, state, local, and territorial administrative agencies to adopt and vigorously enforce regulations to combat such discrimination. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved

Recommends that Congress enact the Civil Rights Tax Relief Act (H.R. 840 and S. 917) or similar legislation that would provide relief to civil rights and employee complainants to exclude from gross income amounts received on account of claims based on certain unlawful discrimination, retaliation, and employment claims. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved

Recommends standards to assist jurisdictions in developing a homeless court program to address the legal problems of the homeless and to link them with appropriate services and treatment programs. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved as Revised

Supports enactment of federal legislation that would: 1) allow those alleging non-malignant asbestos-related disease claims to file a cause of action in state or federal courts only if they meet the medical criteria in the ABA Standard for Non-Malignant Asbestos-Related Disease Claims (dated February 2003) or a similar medical standard; and 2) toll all applicable statutes of limitations until such time as the medical criteria in such a standard are met. Co-sponsored by the Section of Individual Rights and Responsibilities
Approved as Revised and Amended


August 2002

Encourages legislation to ensure that an unmarried surviving partner who shared a mutual, interdependent, committed relationship with a victim of terrorism or other crime can qualify for crime victim compensation and assistance funds provided by that government to eligible spouses.
Approved as revised

Supports the freedom to pursue scientific knowledge for the improvement of human health and opposes governmental actions that would prohibit scientific research conducted for therapeutic purposes or penalize individuals or research entities that participate in such research.
Approved as revised

Supports legislation to legalize noncitizens residing in the United States who demonstrate significant ties to the U. S. and meet certain prerequisites. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved

Urges protection of the rights of immigration detainees by: disclosing their names and whereabouts; allowing access to attorneys and family members; promptly charging and, when appropriate, releasing detainees; and holding custody hearings with the opportunity for appellate review. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved

Supports full implementation of the 1999 Foster Care Independence Act. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved

Urges that reviews be undertaken to improve the cost-effectiveness of pretrial detention, sentencing, and correctional systems. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved

Supports efforts to improve the response of the federal, state, territorial, and local governments of the criminal and civil justice systems to elder abuse, neglect, and exploitation. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved

Supports adequate federal efforts to assist in the settlement of longstanding Indian water right claims. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved as revised


February 2002

Urges courts to help ensure equal access to justice by making courthouses and court proceedings accessible to individuals with disabilities, including lawyers, judges, jurors, litigants, court employees, witnesses, and others.
Approved

Urges states, territories, and possessions to commit sufficient resources to all courts and administrative agencies to enable them to provide qualified live, in-person language interpreters to ensure that all parties and witnesses may fully and fairly participate in all proceedings. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved as revised

Proposes that the military commissions established under the military order issued by the President on November 13, 2001, be structured and implemented in a manner that meets the requirements of fundamental fairness as generally recognized both in the United States and among our principal allies in the fight against terrorism. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved as revised


August 2001

Opposes any federal law, regulation, or policy that prohibits foreign nongovernmental organizations that receive U. S. governmental assistance from using non-United States government funds to provide health or medical services that are legal in the country receiving U.S. assistance, including counseling and referral services, or to engage in advocacy or public education activities.
Approved

Proposes that defendants in military capital cases be given the right to trial before court martial panels whose size is fixed at 12 members. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved

Urges legislation to require group health plans and other health insurers and similarly situated entities that are employer-sponsored to disclose to their enrollees any financial incentive programs they provide to physicians with whom they have contracts to provide patient care. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved

Urges Congress, the Administration, and other appropriate entities to enact legislation and/or strengthen and develop initiatives to bridge the “digital divide.” Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved

Supports the enactment or amendment of welfare legislation to require constitutional protections in the administration of welfare programs. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved as revised

Urges Congress to amend Part E of Title IV of the Social Security Act to provide equitable access to foster care and adoption services for Indian children under tribal court jurisdiction. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved as revised

Recommends that all election officials ensure the integrity of the election process through the adoption, use, and enforcement of the Election Administration Guidelines. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved as revised


February 2001

Urges that gender-based persecution be recognized as grounds for asylum under the Immigration and Nationality Act and supports federal legislative or administrative action to ensure that women who have been persecuted or have a well-founded fear of persecution on account of their gender be included in interpretations or applications of the term, “social group,” in criteria for asylum under the Immigration and Nationality Act.
Approved

Recommends that the United States Government accede to the Rome Statute of the International Criminal Court. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved

Supports the appointment of counsel at government expense for unaccompanied children at all stages of immigration processes and proceedings. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved

Opposes the involuntary transfer of detained immigrants and asylum seekers to facilities that impede an existing attorney-client relationship. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved

Opposes the use of “secret evidence” in immigration proceedings. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved


July 2000

Supports U.S. ratification of an optional protocol to the Convention on the Rights of the Child on Involvement of Children in Armed Conflict. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved

Supports U.S. ratification of an optional protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution, and Child Pornography. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved

Urges the United States to pay its outstanding dues to the United Nations. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved


February 2000

Urges support of The Hague Private International Law Convention on the International Protection of Adults. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved

Amends the Model Rules of Professional Conduct to add a new Rule 7.6, which prohibits a lawyer or law firm from accepting a governmental legal engagement or appointment by a judge if the lawyer or law firm makes or solicits political contributions for the purpose of such engagement or appointment. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved

Urges Congress to repeal a 6.3 percent “user fee” in the Ticket to Work and Work Incentives Improvement Act of 1999. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved


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August 1999

Opposes legislation that would repeal the National Voter Registration Act. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved

Supports passage of federal, state, local, and territorial legislation requiring the systematic collection of, and annual reporting to, the United States Department of Justice and all appropriate state or territorial attorneys general, data by all federal, state, local, and territorial law enforcement agencies that engage in traffic stops. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved as revised

Supports the implementation of housing and community economic development initiatives and programs that would revitalize low and moderate-income communities and historically underserved populations. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved

Opposes expanding existing law to make it easier to admit temporary foreign farmworkers to the United States. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved

Supports efforts to ensure prompt enforcement of orders and final judgments of courts of competent jurisdiction in family law matters involving employees of international organizations. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved as revised

February 1999

Supports federal legislation that acknowledges individuals’ rights to privacy of their health care information and protects the confidentiality of personally identifiable health information from any source including medical record, electronic data, and genetic material. Jointly presented with the Commission on the Legal Problems of the Elderly. Related recommendations sponsored by the Section Approved (2/96) and Withdrawn (8/98).
Approved as revised

Supports the enactment of legislation and the implementation of public policy providing that adoption shall not be denied on the basis of sexual orientation when it is determined to be in the best interest of the child. Jointly presented with the Section of Family Law, the Steering Committee on the Unmet Legal Needs of Children, and the National Lesbian and Gay Law Association.
Approved

Opposes any diminution of existing rights of legal permanent residents to make campaign contributions and expenditures to the same extent as U.S. citizens. Jointly presented by the Standing Committee on Election Law, the Coordinating Committee on Immigration Law, the National Asian Pacific American Bar Association, and the Hispanic National Bar Association. Cosponsored by the Section of Individual Rights and Responsibilities.
Approved

Amends Goal IX of the American Bar Association to promote full and equal participation in the legal profession by minorities, women, and persons with disabilities. Jointly presented by the Commission on Mental and Physical Disability Law, the Commission on Women in the Profession, the Commission on Opportunities for Minorities in the Profession, Commission on Legal Problems of the Elderly, and the Young Lawyers Division. Cosponsored by the Section of Individual Rights and Responsibilities.
Approved as revised

Encourages state, local, and territorial bar associations and affiliated young lawyer organizations to establish and implement Senior Outreach Projects that provide free legal services to homebound senior citizens. Presented by the Young Lawyers Division. Cosponsored by the Section of Individual Rights and Responsibilities.
Approved as revised

Encourages states and territories to establish guidelines for courts, child welfare service agencies and participating attorneys to follow in the kinship care placement of abused, neglected and/or abandoned children. Presented by the Young Lawyers Division. Cosponsored by the Section of Individual Rights and Responsibilities.
Approved

February 1998

Urges repeal of amendment to the Health Insurance Portability and Accountability Act of 1996 that makes it a crime to counsel or assist an individual for a fee to make lawful transfers for purposes of becoming eligible for Medicaid. Presented by the Commission on Legal Problems of the Elderly. Cosponsored by the Section of Individual Rights and Responsibilities, the Senior Lawyers Division, the New York State Bar Association, the Ohio State Bar Association, the New Jersey State Bar Association, the Monroe County Bar Association, the Section of Real Property, Probate and Trust Law, the Commission on Homelessness and Poverty, the Association of the Bar of the City of New York, the Massachusetts Bar Association, the Maryland State Bar Association, the Section of Science and Technology, the Standing Committee on Legal Aid and Indigent Defendants, and the North Carolina Bar Association.
Approved as Amended

Urges Congress to provide adequate funding to enable the Equal Employment Opportunity Commission to carry out its congressionally-mandated duties to investigate, conciliate and take legal action to enforce laws prohibiting discrimination. Presented by the Section of Labor and Employment Law. Cosponsored by the Section of Individual Rights and Responsibilities.
Approved as revised

Encourages all state, local and territorial bar associations to adopt programs enabling timely and effective responses to criticism of judges. Presented by the Judicial Division. Cosponsored by the Section of Individual Rights and Responsibilities, the Special Committee on Judicial Independence, and the Section of Litigation.
Approved

Supports the establishment of an international criminal court by multilateral treaty and recommends that the U.S. government continue to take an active role in negotiations leading up to and during the diplomatic conference scheduled for June 1998. Presented by the Section of International Law and Practice. Cosponsored by the Section of Individual Rights and Responsibilities, the Association of the Bar of the City of New York, the Section of Criminal Justice, the Standing Committee on World Order Under Law, and the Section of Litigation.
Approved

Recommends that nominating or investigating bodies consider the privacy interests of judicial nominees or candidates in making character and fitness determinations. Presented by the Commission on Mental and Physical Disability Law. Cosponsored by the Section of Individual Rights and Responsibilities and the Judicial Division. Related recommendation cosponsored by the Section Withdrawn (8/97).
Approved as revised

Supports principles to preserve and strengthen federal judicial independence and separation of powers, and urges the ABA to take the lead in the formation of a consortium of organizations dedicated to an independent judiciary and impartial system of equal justice. Presented by the Standing Committee on Federal Judicial Improvements. Cosponsored by the Section of Individual Rights and Responsibilities, the Section of Real Property, Probate and Trust Law, the Senior Lawyers Division, and the National Conference of Federal Trial Judges.
Approved as revised

August 1997

Affirms the historic and societal importance of the naturalization process and recommends improvements to ensure its fairness for people with disabilities. Cosponsored with the Coordinating Committee on Immigration Law, the Commission on Mental and Physical Disability Law, the Hispanic National Bar Association, and the American Immigration Lawyers Association.
Approved

Supports the principle that federal, state, territorial, and local governments permit the use of languages in addition to English to improve communication with government, to promote understanding of duties and responsibilities under the law, and to provide access to the justice system. Cosponsored by the Coordinating Committee on Immigration Law and Standing Committee of World Order Under the Law.
Approved

Supports the removal of legal barriers to the establishment and operation of approved needle exchange programs that include a component of drug and counseling and drug treatment referrals. Cosponsored by the Criminal Justice Section, Standing Committee on Substance Abuse, Commission on Homelessness and Poverty, Commission on Mental and Physical Disability Law, and National Lesbian and Gay Law Association.
Approved


February 1997

Recommends amending the statutory process of adopting military court rules of practice, procedure, and evidence. Jointly presented with the Federal Bar Association, the Section of Administrative Law and Regulatory Practice, and the Criminal Justice Section.
Approved

Urges jurisdictions that impose capital punishment not to carry out the death penalty without guaranteeing fairness, due process, and minimum risk to innocent persons. Jointly presented with the Section of Litigation, the New York State Bar Association, the Bar Association of San Francisco, and the Bar Association of the City of New York. Related recommendations sponsored by the Section Approved (8/87, 8/88, 2/89, 8/91); Withdrawn (8/76, 8/96); Not Approved (2/77).
Approved

Recommends that U.S. law should not disqualify potential senior executive and judicial appointees based on prior representation of particular types of clients. Presented by the Section of International Law and Practice. Cosponsored by the Section of Individual Rights and Responsibilities, the Section of Administrative Law and Regulatory Practice, and the Section of Antitrust Law.
Approved


August 1996

Urges federal and state governments to enact a policy of compassionate release and alternative sentencing for terminally ill, nonviolent offenders. Cosponsored by the National Lesbian and Gay Law Association.
Approved

Encourages courts to ensure the needs of child victims of abuse. Jointly presented with the Hawaii State Bar Association and the Young Lawyers Division. Cosponsored by the Law Student Division, Maine State Bar Association, and the Cleveland Bar Association.
Approved


February 1996

Supports reauthorization of the Individuals with Disabilities Education Act or enactment of similar legislation. Presented jointly with the Commission on Mental and Physical Disability Law. Cosponsored by the National Lesbian and Gay Law Association and the Steering Committee on Unmet Legal Needs of Children.
Approved

Supports legislation that protects the confidentiality of personally identifiable and health information in either paper or electronic form. Cosponsored by the Young Lawyers Division, the National Lesbian and Gay Law Association, and the Steering Committee on Unmet Legal Needs of Children. Related recommendations sponsored by the Section Withdrawn (8/98) and Approved (2/99).
Approved as revised


August 1995

Supports amendments to the Social Security Act that would (a) allow working widows who delay receipt of benefits under the Act to be granted delayed retirement credits and (b) eliminate the restriction that requires a divorced person age 62 and over to wait two years to receive their Social Security benefits if the former spouse is still working. Presented jointly with the Government and Public Sector Lawyers Division, the Senior Lawyers Division, and the Commission on Legal Problems of the Elderly. Cosponsored by the Consortium on Legal Services and the Public. Related recommendation sponsored by the Section Approved (8/93).
Approved

Supports action that would educate and allow people with debilitating, chronic, fatal illnesses (i.e., HIV, AIDS) to better plan for long-term care. Presented jointly by the Section of Family Law, the Steering Committee on Unmet Legal Needs of Children, the Commission on Mental and Physical Disability Law, and the Chicago Council of Lawyers. Cosponsored by the Young Lawyers Division.
Approved

Supports legislation and public policies that do not deny or restrict child custody or visitation on the basis of sexual orientation. Jointly presented with the Section of Family Law and the Steering Committee on Unmet Legal Needs of Children. Cosponsored by the National Lesbian and Gay Law Association, the Commission on Women in the Profession, and the Section of Litigation.
Approved

Endorses legal remedies and voluntary actions that take into account as a factor race, national origin, or gender to eliminate or prevent discrimination. Presented jointly with the Commission on Opportunities for Minorities in the Profession, the Commission on Women in the Profession, the National Bar Association, the Hispanic National Bar Association, and the National Asian Pacific Bar Association. Cosponsored by the Chicago Council of Lawyers, the Steering Committee on Unmet Legal Needs of Children, the Commission on Homelessness and Poverty, the National Lesbian and Gay Law Association, the National Association of Women Lawyers, and the Section of Torts & Insurance Practice. Related recommendations sponsored by the Section Approved (8/75, 2/89).
Approved as Revised

Endorse the U.S. Sentencing Commission recommendation to amend federal sentencing guidelines to (a) eliminate differences in sentences based upon drug quantity for offenses involving crack and powder cocaine, and (b) assign greater weight in drug offense sentencing to other factors. Presented jointly with the Special Committee on the Drug Crisis. Cosponsored by the Standing Committee on Unmet Legal Needs of Children.
Approved as Amended


February 1995

Opposes adoption of a Constitutional amendment or federal legislation that would allow for officially sanctioned prayer in public schools. Jointly presented with the Association of the Bar of the City of New York and the Section of Litigation.
Approved

Opposes legislation denying public benefits or increases in public benefits that would otherwise be entitled to a family upon the birth of a child based on the family’s receipt of public assistance, the mother’s age or marital status at the time of birth or the fact the child’s paternity has not been established. Cosponsored by the Steering Committee on Unmet Legal Needs of Children, the Section of Family Law, and the Chicago Council of Lawyers. Related recommendations sponsored by the Section Approved (2/90).
Approved

Urges the protection of the rights of children and opposes legislation that denies children access to public education, health care, foster care or social services based on their or their parents’ citizenship or immigration status. Presented jointly with the Hispanic National Bar Association, Steering Committee on Unmet Legal Needs of Children, National Asian Pacific Bar Association, National Association of Women Lawyers, Coordinating Committee on Immigration Law, Commission on Opportunities for Minorities in the Profession, Section of Litigation, and the Section of International Law and Practice. Cosponsored by the Chicago Council of Lawyers. Related recommendation sponsored by the Section Approved (2/90).
Approved


August 1994

Urges state and local bar associations to join the ABA in preventing homelessness by developing, supporting, and leading state and local initiatives, projects and programs. Jointly presented with the Commission on Homelessness and Poverty, the Steering Committee on the Unmet Legal Needs of Children and their Families, the Section of Litigation, the Association of the Bar of the City of New York, the Hispanic National Bar Association and the National Conference of Women’s Bar Associations. Cosponsored by the New York State Bar Association, the Bar Association of Metro St. Louis and the Commission on Women in the Profession.
Approved as Amended

Reaffirms commitment to and pledges support of unified family courts Approved in 1980 and set forth in Standard 1.1 of the ABA Standards Relating to Court Organization and Administration. Jointly presented with the Steering Committee on Unmet Legal Needs of Children and their Families, the Government and Public Section Lawyers Division, the Young Lawyers Division, the Section of Litigation, the Hawaii State Bar Association, the National Conference of Women’s Bar Association. Cosponsored by the Commission on Women in the Profession and the Criminal Justice Section.
Approved as Amended


February 1994

Suggests that the ABA include an accompanying list of reservations, understandings, and declarations in efforts to promote its previous endorsement of the ratification of the United Nations Convention on the Rights of the Child. Jointly presented with the Criminal Justice Section, the Law Student Division, the Young Lawyers Division and the National Association of Womens Lawyers/ Related recommendation sponsored by the Section Approved (2/91).
Approved


August 1993

Supports legislation that would restrict sale and possession of assault weapons to the military and law enforcement divisions. Jointly presented with the Bar Association of San Francisco, the Association of the Bar of the City of New York, the Philadelphia Bar Association, the Beverly Hills Bar Association and the Alameda County Bar Association. Cosponsored by the Criminal Justice Section.
Approved as Amended

Supports the elimination of the restriction of the Social Security Act that permits widows and widowers to collect disability on deceased spouses’ earnings only within the first seven years after the spouses’ death and the lowering of the age restriction for collection. Jointly presented with Senior Lawyers Division and the Commission on Legal Problems of the Elderly. Related recommendation sponsored by the Section Approved (8/95).
Approved

Oppose any legislation requiring a woman to use a contraceptive or sterilization as a penalty for any conduct or as a condition of probation or parole or to be eligible for the receipt or the continuation of public benefits or the provision of financial incentives. Cosponsored by the Criminal Justice Section.
Approved as Amended

Urges legislation to encourage environmental equality so that a disproportionate share of the burden of environmental harm does not fall on minorities and/or low-income populations. Jointly presented with the Standing Committee on Environmental Law, the Commission on Homelessness and Poverty, the National Bar Association, and the Hispanic National Bar Association.
Approved as revised


February 1993

Opposes the use of government funding programs as a means of suppressing speech activities by the government grantees.
Approved

Urges revision of the Model Rules of Professional Conduct, Rule 6.1, regarding the amount of pro bono legal services a lawyer should aspire to render each year. Jointly presented with the Standing Committee on Lawyers’ Public Service Responsibility, the Section of Litigation, the Section of Tort and Insurance Practice, the Young Lawyers Division, the State Bar of California and the Minnesota State Bar Association. Cosponsored by the Section of Individual Rights and Responsibilities and the Section of Business Law.
Approved as Amended

Urges the U.S. government and United Nations Security Council to investigate and punish war crimes in Bosnia-Herzegovina.
Approved by Board of Governors


August 1992

Urges the United States to pay its debt to the United Nations for its regular and peacekeeping expenses. Jointly presented with the Standing Committee on World Order Under Law. Cosponsored by the Standing Committee on Law and National Security and the Association of the Bar of the City of New York.
Approved

Opposes state or federal legislation which restricts the right of a woman to choose to terminate a pregnancy (I) before fetal viability; or (II) thereafter, if such termination is necessary to protect the life or health of the woman. Supports state or federal legislation that protects a women’s right to choose to terminate a pregnancy. Jointly presented by the National Association of Women Lawyers, the National Conference of Women’s Bar Associations and the individual members of the ABA. Cosponsored by the Section of Individual Rights and Responsibilities, the Beverly Hills Bar Association, the Santa Clara County Bar Association, the Seattle-King County Bar Association, and the Young Lawyers Division.
Approved


February 1992

Urges the inclusion of women and minorities, where appropriate, in all clinical trials performed by the National Institutes of Health and increased research on women’s health issues. Also supports carefully regulated fetal tissue transplant research. Cosponsored by the Section of Science and Technology.
Approved as Amended

Opposes federal government efforts to withhold funds from educational institutions that deny access to campus placement facilities to government employers who contravene university policies by discriminating on the basis of sexual orientation. Jointly presented with the Law Student Division.
Approved


August 1991

Supports an amendment of the Civil Rights Attorney’s Fees Awards Act of 1976 to permit the award to a prevailing party of reasonable expert fees for testimonial and non-testimonial services.
Approved as Amended

Supports measures to minimize disproportionate effects of federal death penalty legislation on Native Americans. Related recommendations sponsored by the Section Approved (8/87, 8/88, 2/89, 2/97); Withdrawn (8/76, 8/96).
Approved


February 1991

Supports, in principle, the enactment of the Religious Liberty Restoration Act of 1990, which requires federal and state governments to prove that any law interfering with the free exercise of religion must have a compelling state interest and be narrowly tailored.
Approved

Supports Senate ratification of the United Nations Convention on the Rights of the Child. Jointly presented with the Young Lawyers Division, the Section of Family Law and the Section of International Law and Practice. Related recommendation sponsored by the Section Approved (2/94).
Approved


August 1990

Supports reauthorization of the National Endowment for the Arts with no restrictions on the content, subject matter, idea, or message of what the Endowment may fund. Jointly presented with the Association of the Bar of the City of New York.
Approved

Calls for compliance with due process protection in the eviction of persons convicted of drug-related crimes in public housing projects. Jointly presented with the Bar Association of San Francisco, the Special Committee on Housing and Urban Development Law, the Standing Committee on Legal Aid and Indigent Defendants and the Criminal Justice Section.
Approved

Supports the right of children to safe foster care. Jointly presented with the Young Lawyers Division and the Section of Family Law.
Approved


February 1990

Supports expansion of the Medicaid program to provide coverage for all children and all pregnant women with the family incomes less than 200 percent of the federal poverty level. Jointly presented with the Section of Family Law and the Young Lawyers Division.
Approved

Supports federal legislation minimizing the impact of federal management of lands containing specific sites historically used by Native Americans for religious purposes
Approved as Amended

Supports federal legislation to restore Title VII of the Civil Rights Act of 1964 and 42 U.S.C. §1981.
Approved

Amends the Model Rules of Professional Conduct, Rule 3.8, regarding the Special Responsibilities of a Prosecutor issuing subpoenas to lawyers in grand jury or criminal proceedings. Jointly presented by the Commission on Ethics and Professional Responsibility and the Criminal Justice Section. Cosponsored by the Section of Individual Rights and Responsibilities.
Approved

Opposes legislation restricting the confidential relationship between a pregnant woman and her physician, or regarding the decision to terminate a pregnancy before fetal viability or thereafter when the mother’s life is in jeopardy. Jointly presented with the Criminal Justice Section, the Commission on Women in the Profession, the Beverly Hills Bar Association and the National Association of Women Lawyers. Substitute policy Approved that the American Bar Association not support a particular viewpoint with respect to a decision to terminate pregnancy (8/90).
Revised recommendation similar to (2/90) was cosponsored by Section and Approved (8/92).

Approved

Clarification of policy statement (8/89) regarding the confidentiality of AIDS-related information. Jointly presented with the Young Lawyers Division.
Approved

Supports federal legislation to protect the rights of private sector “whistle blowers.” Jointly presented with the Young Lawyers Division and the National Conference of Administrative Law Judges.
Approved as Amended

Opposes any attempt by the U.S. Department of Justice to exempt its lawyers from the Model Rules of Professional Conduct 4.2. Jointly presented with the Standing Committee on Professional Discipline, the Standing Committee on Ethics and Professional Responsibility, the Special Coordinating Committee on Professionalism, the Criminal Justice Section and the Litigation Section.
Approved as Amended

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August 1989

Urges the United States to take steps to protect human rights in Iran. Jointly presented with the Section of International Law and Practice and the Standing Committee on World Order Under Law. Cosponsored by the Standing Committee on Law and National Security.
Approved

Supports an international treaty to provide for the rights of disabled persons. Jointly presented with the Section of International Law and Practice.
Approved

Urges the United States to fulfill its financial obligations to the Organization of American States. Jointly presented with the Section of International Law and Practice and the Standing Committee on World Order Under Law.
Approved

Urges the United States to initiate steps opposing the apartheid policies of South Africa. Jointly presented with the Section of International Law and Practice and the Standing Committee on World Order Under Law. Related Recommendations sponsored by the Section Approved (8/85, 8/86).
Approved

Urges the United States to support the establishment of human rights departments in multilateral development banks. Jointly presented with the Section of International Law and Practice and the Standing Committee on World Order Under Law.
Approved

Urges the U.S. Census Bureau to conduct a complete census of all persons residing in the United States, regardless of citizenship or immigration status.
Approved

Supports federal legislation which prohibits discrimination on the basis of disabilities and seeks to ensure equal opportunity in employment, public accommodations and services. Jointly presented with the Young Lawyers Division.
Approved as Amended

Supports federal, state, and local legislation promoting responsible public policy relating to HIV/AIDS. Jointly presented with the Litigation Section, the Section of Tort and Insurance Practice, the Criminal Justice Section, the Commission on Mental and Physical Disability and the Young Lawyers Division.
Approved as Amended

Condemns human rights violations in China in April-June 1989 and calls upon the United States to take steps to protect and promote international human rights standards. Jointly presented with the Section of International Law and Practice, cosponsored by the Standing Committee on World Order Under Law.
Approved


February 1989

Urges enactment of federal, state, and local legislation prohibiting discrimination on the basis of sexual orientation. Jointly presented with the Massachusetts Bar Association, the Los Angeles County Bar Association, the State Bar of Wisconsin, the Association of the Bar of the City of New York, the Section of Family Law, the Section of Litigation and the Young Lawyers Division. Cosponsored by the Oregon State Bar, the Dade County Bar Association, the Law Student Division and the Section of General Practice.
Approved as Amended

Supports enactment of legislation prohibiting the execution of defendants with mental retardation. Jointly sponsored with the Criminal Justice Section. Related recommendations sponsored by the Section Approved (8/87, 8/88, 8/91, 2/97); Withdrawn (8/76, 8/96); Not Approved (2/77).
Approved as Amended


August 1988

Opposes discrimination in capital sentencing on the basis of race. Jointly presented with the Criminal Justice Section and the Section of General Practice. Related recommendations sponsored by the Section Approved (8/87, 2/89, 8/91, 2/97); Withdrawn (8/76, 8/96); Not Approved (2/77).
Approved as Revised


February 1988

Supports federal and state legislation establishing minimum requirements for reasonable, unpaid, job-protected family and medical leave for employees.
Approved

Supports the enactment of federal legislation promoting voluntary counseling and testing for AIDS; mandating the confidentiality of such testing; and prohibiting discrimination against individuals with HIV/AIDS. Jointly presenting with the Young Lawyers Division.
Approved as Amended

Urges Congress to extend the application period for legalization under the Immigration Reform and Control Act of 1986. Jointly presented with the Young Lawyers Division.
Approved as revised

Urges the United States to pay all of its debts to the United Nations. Jointly presented with the Standing Committee on World Order Under the Law and the Section of International Law and Practice. Related recommendations sponsored by the Section Appr