United States: Foreign Legal Consultant Rules of California, The District of Columbia and New York

1987 ◽  
Vol 26 (4) ◽  
pp. 977-997
Author(s):  
Amelia Porges

On April 2, 1987, California's new rules on licensing of foreign legal consultants came into effect, joining the foreign legal consultant rules in New York, the District of Columbia, Michigan, and Hawaii [Rule 988, Cal. Rules of Court; N.Y. Ct. App. R. for Licensing of Legal Consultants, 22 N.Y.C.R.R. Part 521; Rule 46 (c) (4), D.C. Ct. App.; Rule 5 (E), Mich. Bd. of L. Exam'rs; Rule 14, Sup. Ct. of Hawaii]. The California, New York and District of Columbia rules are reprinted here. In addition, a foreign legal consultants proposal is now under active consideration in Texas.The table following this note summarizes the provisions of the five foreign legal consultant rules with regard to eligibility for admission, the scope of practice permitted the foreign legal consultant, and professional discipline. In the United States, it is unconstitutional for a state to deny admission to the bar by reason of citizenship (In re Griffiths, 413 U.S. 717 (1973). State residency requirements are also unconstitutional as applied to citizens of other states (Supreme Court of New Hampshire v. Piper, 470 U.S. 274 (1985). State bar examination pass rates range from 40% to 99%; a substantial number of foreign lawyers have been admitted to the bar by passing the bar examination. As of June 1, 1987, over 70 foreign legal consultants had been licensed in New York, and none in other jurisdictions (one application was pending).

Author(s):  
Julie Nicoletta

Arriving in the colony of New York in 1774 from England, Ann Lee and her eight followers set about creating a model communal society in what would become the United States. Officially known as the United Society of Believers in Christ’s Second Appearing, the Shakers believed in Christ’s imminent return. Their support of pacifism, near equality between the sexes that allowed women to take on leadership roles, and perfectionism set them apart from most Americans. Within a decade, they had begun creating a Kingdom of Heaven on Earth through their worship, work ethic, and construction of orderly villages with buildings and furniture meant to reinforce religious belief and shape and control behavior. From humble beginnings, the sect created a total of twenty-two communities beginning in the 1780s, spreading from Maine to Indiana and as far south as Georgia and Florida, though these latter two sites and the one in Indiana were short lived. During periods of religious revivalism in the United States in the late 18th and early19th centuries, the Shakers attracted hundreds of converts who gave up their worldly possessions to live celibate, communal lives. After a peak population of over three thousand in the1840s, the Shakers have dwindled to just three members inhabiting the only surviving living community of Sabbathday Lake, near New Gloucester, Maine. The Shakers’ demographic and economic success over several decades left a legacy of buildings at numerous locations throughout the eastern United States. Some of these villages have become museum sites, most notably Hancock, Massachusetts; Mount Lebanon, New York; Canterbury, New Hampshire; and Pleasant Hill and South Union, both in Kentucky. Other Shaker buildings remain as private residences and parts of retirement communities and state prisons. In many ways, Shaker architecture reflects contemporary regional vernacular building practices, such as the closely spaced anchor bents in the framing of the earliest meetinghouses in Connecticut, New Hampshire, Maine, Massachusetts, and eastern New York State, and the rather grand masonry structures of the dwelling houses and trustees’ offices in Kentucky. The linear arrangement of buildings, their large size, and separate entrances for men and women distinguished Shaker buildings from those of the outside world, though stylistically they appeared much like non-Shaker buildings. The Shakers organized building interiors to use space efficiently with many built-in cabinets and drawers, installed pegboards on walls for storage and to help keep floors clear for cleaning, and included separate staircases to demarcate men’s and women’s areas. The buildings, especially the meetinghouses and dwelling houses, reminded Shakers of their commitment to their faith and to their distinctive way of living and encouraged them to “put their hands to work and their hearts to God,” a saying attributed to Ann Lee. Nevertheless, the Shakers were not immune from influences from the outside world. They needed to interact with outsiders to encourage the economic success of their villages and to attract converts. As their population shrank in the latter half of the 19th century, they turned increasingly to hired help to assist with building construction and other aspects of daily life. The Shakers also embraced stylistic changes in architecture and furniture; their buildings of the late 19th and early 20th centuries reflect these influences with added ornamentation inside and out, as well as embellished furnishings either made by the Shakers or purchased from non-Shaker furniture makers. Rather than undercut any appreciation of the simple style for which the Shakers are best known, these changes show the group as always practical and responsive to changes in mainstream society.


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