BULLETIN
#8 July 1991

#8 July 1991 Page 1

TAFOL TO PRESENT TJS PANEL

Participants at the 1989 summer session of The Jefferson School may recall TAFOL's panel presentation highlighting several legal issues, including the right to counsel, the subpoena power, and the right to privacy. A summary of the panel discussion appeared in the Fall 1989 issue of TAFOL's Newsletter. Discussion, spearheaded by TAFOL panelists and moderated by Dr. Harry Binswanger, was very spirited. Audience participation played a significant role in the liveliness of the debate, and discussion among TJS attendees continued long after the panel dispersed. Encouraged by the favorable reaction to the 1989 panel, TAFOL will present a second panel discussion at this year's TJS.

The panel discussion will be held on August 12 at 4:00 p.m. after Dr. Peikoff's lecture. Dr. Harry Binswanger has again consented to moderate and Arline Mann, Steve Plafker, and Michael Mazzone will act as this year's panelists. The topics chosen for this year's discussion are: strict liability, gun control, and the rule against perpetuities. (Strict liability is the legal doctrine that a defendant in a civil case can be held liable for damages without any proven wrong on his part. The rule against perpetuities is a legal doctrine limiting the length of time for which an owner may control property after his death.)

The format of this year's panel will be similar to that of the 1989 panel. That is, each topic will be discussed by a panelist; a second panelist will present a brief rebuttal discussion, after which, audience participation will be invited. TAFOL encourages all of its members in attendance at TJS to join in this event, and welcomes all non-member TJS attendees to participate as well.

#8 July 1991 Page 2

TAFOL PRESIDENT TO BE SPEAKER AT TJS

Arline Mann, President of TAFOL, will deliver a lecture at this year's session of The Jefferson School on the remarkable rationality of fundamental common law principles. Her lecture will be given at 9:00 AM on Thursday, August 8.

Arline's lecture will focus upon those principles of judge-made law in place in England and the United States in the 18th Century which strove remarkably to protect individual rights and punish the initiation of physical force. She will describe what common law is and how it developed historically, highlight some of the laudable common law principles that were ultimately developed, and comment upon the corruption of common law in modern times.

TAFOL SUPPORTS MEMBER MICHAEL MAZZONE'S EFFORTS IN TEXAS SUIT TO OPPOSE MANDATORY PRO BONO

TAFOL member Michael Mazzone has intervened in a Texas suit brought by various individuals represented by the Texas Civil Rights Project against the State Bar of Texas and its president. The plaintiffs seek to compel the Texas Bar to require that all attorneys licensed in the State of Texas provide free legal service to "poor" litigants. (The suit is captioned: Gomez v. State Bar of Texas, and was filed on March 14, 1991, in the District Court of Travis County, Texas 353rd Judicial District.) Michael, who practices in Texas, has intervened in an effort to offer the court rational opposition to mandatory pro bono. TAFOL has committed itself to support Michael's efforts by providing financial assistance and by making TAFOL members aware of the opportunity to assist Michael with research related to the case.

In order to assist Michael with the costs of litigation, TAFOL has requested that its members make contributions in addition to their membership dues. Membership response to TAFOL's request for additional funds has been very positive and has enabled TAFOL to pay substantially all the costs incurred to date and provide a modest pool of funds to finance ongoing costs. (Michael, who has volunteered his time to the case, is being reimbursed by TAFOL for his out-of-pocket costs for such items as filing fees, copying charges, phone charges, transportation costs, and the like.) Additional solicitations are planned whereby members of other Objectivist groups will be asked if they would also like to participate in supporting Michael's efforts in light of the fact that the case involves broad principles of general application.

#8 July 1991 Page 3

Member response to an appeal for volunteers to assist Michael with research has also been positive. Michael has issued a memorandum listing issues that require research and briefing. They include many United States Constitutional issues, Texas Constitutional issues, and other legal issues. Any lawyer or law student able to conduct legal research or to write a legal memorandum who is interested in assisting Michael with specific research tasks, may request a copy of Michael's memorandum or contact Michael directly to offer assistance by calling: [Omitted].

A pretrial conference in the case has been scheduled for July 17, 1991, with Judge Joseph H. Hart of the 126th Texas Judicial District Court, presiding. Michael will argue that a date be set for briefing and arguing a jurisdictional objection raised by the State Bar of Texas in its pleadings. (The State Bar has argued that the court has no jurisdiction over the subject matter of the lawsuit.) A ruling that the court has no jurisdiction over the case would put an end to the plaintiffs' suit, albeit not on principled grounds.

Pending rulings on the jurisdictional issue and other dispositive motions, Michael has informally requested that Judge Hart stay discovery. The plaintiffs have served extensive discovery demands on the State Bar. The request for a stay of discovery is an effort on Michael's part to focus on the real issues of the case, which he rightly believes are issues of legal principle, and not factual in nature.

We will await the results of the pretrial conference and inform TAFOL members and other contributors of significant developments in the proceedings. Assuming the case is not disposed of on jurisdictional or other grounds in pre-trial proceedings, Michael anticipates that it will go to trial late in 1991.

We wish Michael continued success in his efforts.

#8 July 1991 Page 4

TAFOL FORMS ARI LEGAL AID COMMITTEE

TAFOL has formed a committee of volunteers to render legal services on a pro bono basis to the Ayn Rand Institute. The committee is chaired by TAFOL member Michael Conger. Any attorney member who wishes to be included on the ARI Legal Aid Committee should call Mike at [Omitted] or write to him at [Omitted].

TAFOL THANKS VOLUNTEERS

Many TAFOL members have already contributed their time to various TAFOL projects, undertaking such tasks as outlining court procedural requirements for amicus briefs, compiling and maintaining TAFOL's membership data base, and assisting Michael Mazzone with his anti-mandatory pro bono efforts. We wish to take this opportunity to thank these individuals for their valued assistance. The success of TAFOL's efforts depends upon their support as well as the monetary support of its members and contributors.
__________________________________

Copyright © 1991 The Association for Objective Law. All rights reserved. The Association for Objective Law is a Missouri non-profit corporation whose purpose is to advance Objectivism, the philosophy of Ayn Rand, as the basis of a proper legal system.