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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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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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

