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Disbarment, also known as striking off, is the removal of a lawyer from a bar association or the practice of law, thus revoking their law license or admission to practice law. Disbarment is usually a punishment for unethical or criminal conduct but may also be imposed for incompetence or incapacity. Procedures vary depending on the law society; temporary disbarment may be referred to as suspension.
The Appellate Division of the Supreme Court of the State of New York is the intermediate appellate court in New York State. The state is geographically divided into four judicial departments of the Appellate Division. The full title of each is, for example, the "Fourth Department" is "Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department").
Lawrence v. Texas, 539 U.S. 558 (2003), is a landmark decision of the U.S. Supreme Court in which the Court ruled that sanctions including any form of criminal punishment to all forms of private, consensual non-procreative adult sexual activities between two individuals are unconstitutional. The Court reaffirmed the concept of a "right to privacy" that earlier cases had found the U.S. Constitution provides, even though it is not explicitly enumerated. It based its ruling on the notions of personal autonomy to define one's own relationships and of American traditions of non-interference with any or all forms of private sexual activities between consenting adults.
Bowers v. Hardwick, 478 U.S. 186 (1986), was a landmark decision of the U.S. Supreme Court that upheld, in a 5–4 ruling, the constitutionality of a Georgia sodomy law criminalizing oral and anal sex in private between consenting adults, in this case with respect to homosexual sodomy, though the law did not differentiate between homosexual and heterosexual sodomy. It was overturned in Lawrence v. Texas (2003), though the statute had already been struck down by the Georgia Supreme Court in 1998.
The United States has inherited sodomy laws which constitutionally outlawed a variety of sexual acts that are deemed to be illegal, illicit, unlawful, unnatural and/or immoral from the colonial-era based laws in the 17th century. While they often targeted sexual acts between persons of the same sex, many sodomy-related statutes employed definitions broad enough to outlaw certain sexual acts between persons of different sexes, in some cases even including acts between married persons.
This is a list of notable events in the history of LGBT rights that took place in the year 1994.
This is a list of notable events in the history of LGBT rights that took place in the year 1977.
John Kennedy O'Hara is an American lawyer, active in Brooklyn, New York politics. He is also the first person convicted of illegal voting in New York State since Susan B. Anthony was convicted for voting in 1872. He was exonerated of the crime on Thursday, January 12, 2017. On February 23, 2017, O'Hara filed a malicious prosecution lawsuit for $25 million against disgraced ex-Brooklyn D. A. Charles "Joe" Hynes.
Francis Lee Bailey Jr., better known to the general public as F. Lee Bailey, was an American criminal defense attorney. Bailey's name first came to nationwide attention for his involvement in the second murder trial of Sam Sheppard, a surgeon accused of murdering his wife. He later served as the attorney in a number of other high-profile cases, such as Albert DeSalvo, a suspect in the "Boston Strangler" murders, heiress Patty Hearst's trial for bank robberies committed during her involvement with the Symbionese Liberation Army, and US Army Captain Ernest Medina for the My Lai Massacre. He was a member of the "Dream Team" in the trial of former football player O. J. Simpson, who was accused of murdering Nicole Brown Simpson and Ron Goldman. He is considered one of the greatest lawyers of the 20th century.
Dudgeon v United Kingdom (1981) was a European Court of Human Rights (ECtHR) case, which held that Section 11 of the Criminal Law Amendment Act 1885, which criminalised male homosexual acts in England, Wales and Northern Ireland, breached the defendant's rights under Article 8 of the European Convention on Human Rights.
Lesbian, gay, bisexual, and transgender (LGBT) people in Malaysia face severe challenges not experienced by non-LGBT residents. Sodomy is a crime in the country, with laws strictly enforced. Extrajudicial murders of LGBT people have also occurred in the country. There are no Malaysian laws that protect the LGBT community against discrimination and hate crimes. As such, the LGBT demographic in the country are hard to ascertain due to widespread fears from being ostracised and prosecuted, including violence.
The Judiciary of New York is the judicial branch of the Government of New York, comprising all the courts of the State of New York.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Oregon have the same legal rights as non-LGBT people. Same-sex sexual activity is legal in Oregon, and same-sex marriage has been legal in the state since May 2014 when a federal judge declared the state's ban on such marriages unconstitutional. Previously, same-sex couples could only access domestic partnerships, which guaranteed most of the rights of marriage. Additionally, same-sex couples are allowed to jointly adopt, and discrimination based on sexual orientation and gender identity in the areas of employment, housing and public accommodations is outlawed in the state under the Oregon Equality Act, enacted in 2008. Conversion therapy on minors is also illegal.
Lesbian, gay, bisexual and transgender (LGBT) people in the U.S. state of Idaho face some legal challenges not experienced by non-LGBT people. Same-sex sexual activity is legal in Idaho, and same-sex marriage has been legal in the state since October 2014. State statutes do not address discrimination based on sexual orientation and gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBT people is illegal under federal law. A number of cities and counties provide further protections, namely in housing and public accommodations. A 2019 Public Religion Research Institute opinion poll showed that 71% of Idahoans supported anti-discrimination legislation protecting LGBT people, and a 2016 survey by the same pollster found majority support for same-sex marriage.
New York state, a state in the northeastern United States, has one of the largest and the most prominent LGBTQ populations in the world. Brian Silverman, the author of Frommer's New York City from $90 a Day, wrote that New York City has "one of the world's largest, loudest, and most powerful" LGBT communities", and "Gay and lesbian culture is as much a part of New York's basic identity as yellow cabs, high-rises, and Broadway theatre". LGBT travel guide Queer in the World states, "The fabulosity of Gay New York is unrivaled on Earth, and queer culture seeps into every corner of its five boroughs". LGBT Americans in New York City constitute by significant margins the largest self-identifying lesbian, gay, bisexual, and transgender communities in the United States, and the 1969 Stonewall riots in Greenwich Village are widely considered to be the genesis of the modern gay rights movement.
Franklin v. State, 257 So. 2d 21, was a case in which the Florida Supreme Court struck down Florida's sodomy law as being "unconstitutional for vagueness and uncertainty in its language, violating constitutional due process to the defendants." The court retained the state's prohibition on sodomy by ruling that anal and oral sex could still be prosecuted under the lesser charge of "unnatural and lascivious" conduct, thus reducing the crime from a felony to a misdemeanor.
The Sodomite Suppression Act, also known as the "Shoot The Gays Initiative" or "Kill The Gays Initiative", was a California ballot initiative proposed by Matt McLaughlin, an Orange County lawyer, that outlines seven measures relating to same-sex people engaging in sodomy including death for anyone who participates. McLaughlin's act calls for the killing of gays and lesbians by "bullets to the head" or "any other convenient method." This proposed initiative is subject to a court order barring it from being distributed for signatures after a Sacramento County judge granted California Attorney General Kamala Harris's request to declare the initiative facially unconstitutional and therefore ineligible to receive a ballot title or summary.
Doe v. Commonwealth's Attorney of Richmond, 425 U.S. 901 (1976), is a decision by the Supreme Court of the United States which gave summary affirmation of a lower court ruling which upheld the U.S. state of Virginia's ban on homosexual sodomy.
Richard Liebowitz is an American entrepreneur, Broadway producer, former lawyer and photographer specializing in copyright law. While a lawyer, he was known for filing a high number of lawsuits against media organizations on behalf of photographers who assert that their images have been used without permission, and for receiving multiple disciplinary sanctions culminating in his suspension from practicing law in New York and ultimately in his disbarment.
Samuel Spevack v. Solomon A. Klein, 385 U.S. 511 (1967) was a Supreme Court of the United States case in which the court held in a plurality decision that the Self-incrimination Clause of the Fifth Amendment applied even to attorneys in a state bar association under investigation, and an attorney asserting that right may not be disbarred for invoking it. It was a very close case, being 5–4, with the majority only winning with the vote of Justice Abe Fortas who wrote a special concurring opinion on the matter. This case directly overruled Cohen v. Hurley, 366 U.S. 117 (1961), a nearly identical case in which the Supreme Court had just recently upheld an attorney's disbarment for his refusal to testify or produce documents in regards to an investigation. This case has since spawned much debate, with some arguing this decision "signaled the decline of bar disciplinary enforcement".
References
- ↑ "Guide to the Harris L. Kimball papers, circa 1973-2003". rmc.library.cornell.edu. Retrieved 10 March 2024.
- 1 2 Shipp, E. R. (3 February 1989). "THE LAW; Homosexual Lawyers Keep Fighting Barriers". The New York Times. Retrieved 10 March 2024.
- 1 2 3 4 5 Leonard, Arthur S. (16 December 2013). Sexuality and the Law: American Law and Society. Routledge. pp. 389–392. ISBN 978-1-135-75502-7 . Retrieved 10 March 2024.
- 1 2 Humm, Andy (21 June 2018). "Remembering How Gay Lawyers Became Legal – Gay City News". gaycitynews.com. Retrieved 10 March 2024.
- 1 2 Leonard, Arthur S. (Summer 2018). "Professional Notes & Available Lgbt Rights Movement Positions: LGBT Law Notes". LGBT Law Notes: 401–404. Retrieved 10 March 2024.
- ↑ "Matter of Kimball". casetext.com. Retrieved 10 March 2024.