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13 Docket Call 1 (1978)

handle is hein.abarchive/dockcalog0013 and id is 1 raw text is: 'editor's guest Seth Rosner * *Sec onc v ce ( Prdman of rte Secaon ,He s also setV 'g aS Chdsfir~r Of rMe 1976 A,'rwd AVeevrq Arfdr~gervenrs C ,'-- 'fffe The officers and Council members of our Section have as their highest priority the serving of the inter ests of the practicing lawyer and of American so- ciety Thus, they have tried to Keep abreast of the in creasing number of major issues which the organized Bar has addressed in recent years, and to advocate positions which they believe to be consistent with continued on page 4 fundamental freedoms only come in a package deal* H. Russell Troutmant It s a free country That's an expression most of us grew up with But, as our nation evolves, the con- cept of a free country changes In 1900. freedom included the adsantage of a pay- check without deductions and the operation of a business without regulation It included the disad- vantage of depending on family and friends during unemployment and old age Rough justice was more common. medical care more sparse How much freedom makes a free country How much regulation take, it away? The forfeiture of any fundamentals is tantamount to a capitulation of a free society Economics is not the test Efficiency is not the goal Time is not a variable Freedom of press, speech. religion and jury trial are constants that preempt efforts for efficiency and the desire for economy When our society becomes too crowded. our taxes or insurance premiums too high, and our spirits so benign as to allow these free- doms to perish, then indeed as Jefferson said, *'Let 'The Bill of Rights *as not ratified because it is cost efficient if any of its guarantees of freedom are sacrificed to economic considerations forces will be unleashed that will undo our liberties * Rus ii, 'md'- 0 w ',1fnt a 's- o -,f 1 F Copyright 1978 American Bar Association us withdraw and call the nation to its tents and start all over again When one right or freedom falls. the others are not far behind When wealth prevails over principle, poverty prevails over all In recent years, rights have been broadened in some areas Congress enacted the Speedy Trial Act to define a constitutional right, entitling an accused to trial within 100 days of arrest This places a new burden and expense on the state. but our representa- tives have placed increased budgetary requirements in the category of irrelevance when constitutional rights are involved TheSupremeCourt has interpreted theConstitution to require the right to counsel of those criminally charged The court left the economic and efficiency implications of its decision to the states, but it was clear that. if a state expected a conviction to stand. that right had to be offered Thus came into existence the billion dollar public defender program. which continued on next page Produced by the ABA Press contents PROPOSED AMENDMENTS TO THE NATIONAL LABOR RELATIONS ACT 5 ANNUAL MEETING PROGRAM PREVIEW 9 WHAT'S UP - WHAT'S IN 16 INTERNATIONAL LEGAL EXCHANGE 17