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Show - riu .. 1 ii .'.r IJnlvJT'.itv .j !.: Fait 'H fwllS !;f:h SUPREME COUET OF THE UNITED STATES Nation's Bars Said Facing Suits Over Area Minimum Fee Schedules Syllabus MICHIGAN v. PAYNE CERTIORARI No. 71-1Q- 05. TO THE SUPREME COURT Argued February 22, 1973 ACCN News Service The Antitrust WASHINGTON Division of the U.S. Department of OF MICHIGAN Decided May 21, 1973 prophylactic due process limitations established by Noth Carolina v. Pearce, 395 U. S. 711, 723-72- 6, to guard against the in of cases where vindictiveness a judge imposes a more possibility severe sentence .upon a defendant after a new trial, are not retroactively applicable to resentencing proceedings that, like the one involved in this case, occurred prior to the date of the Pearce decision. Pp. 1. 386 Mich. 84, 191 N. W. 2d 375, reversed and reiqanded. associations minimum fee Conference of Bar Presidents has been informed. The Sherman Act prohibits agreements among lawyers, upon suggested legal fees affecting in- sue bar establish schedules, the to which Justice intends The National terstate commerce just 4-1- proscribes price fixing agreements among cleaners and dyers, real estate brokers, architects, accountants, and other professionals, Lewis Bernstein, chief of the special as it litigation section, antitrust division of the Department of Justice, said in . addressing the annual meeting of the bar presidents. There is no exemption from the prohibitions of the Sherman Act for persons engaged in a profession. Legal fees which do not involve interstate commerce would not come under the Sherman Act, he said, but his definition of legal fees involved in interstate commerce includes oractically all legal fees. Powell, J., delivered the opinion of the Court, in which Burger, C. J., and Brennan, White, Blackmun, and Rehnquist, JJ., joined. Douglas, J., filed a dissenting opinion. Marshall, J., filed a dissenting opinion, in Part III of which Stewart, J., joined. If a minimum fee schedule only To Socialists - The 5th NEW ORLEANS (UPI) U.S. Circuit Court of Appeals has i ruled that Socialists and Communists may be listed on the official electoral ballots in Texas. A three-judg- e panel, in making the ruling, upheld a decision of a U.S. District in Texas, which had struck down as unconstitutional a section of the Texas loyalty oath. Under Texas statutes, candidates fin: office must file the loyalty affidavit before their name is included on the official ballot. Women's Law Group Names New Officers - Specifically, the court opposed a section of the oath which read: I believe in and approve of our present representative form of government, and, if elected, I will support and defend the present representative form of government and will resist any effort or movement from any source which seeks to subvert or destroy the same or any part thereof. In a nine-pag- e opinion, the court to a legislative provision pointed which immediately follows the prescribed oath. That proviso said,1 No candidate or nominee of the Communistic Party or the Facist Party or of the Nazi party shall ever be allowed a place in the official ballot at any election in this state. By this enactment, the court said, Texas would proclaim that our freedom is too fragile to withstand the onslaught of new political ideologies. No state may condition the right . to seek elective office on the willingness of candidates to foreswear their political beliefs and thoughts, said the 5th Circuit. The Socialist and the Communist may take their place beside the Democrat and the Republican and compete for the ballots of Texans Wyo. Other officers installed were and Americans. Marjorie M. Childs, San Francisco, Kathleen Ryan president-elect- ; Dacey, Boston, vice president; Sheila Gallagher Jones, Anchorage, Helen Viney has been installed as president of the National Association of Women Lawyers for the coming year. She succeeds Netta Bell Girard Larson, of Riverton, WASHINGTON Porter, of Chicago, Alaska, recording secretary; Eleanora Iannone, Binghamton, N.Y., corresponding secretary; Mary Jeanne Coyne, Minneapolis, treasurer; and Judge Mattie Belle Davis, Miami, NAWL delegate to the ABA House of Delegates. Assembly delegates are Judge Evangeline Starr, Seattle; Irene Redstone, Florida ; and Ardis Smith, Detroit, Mary Pappas, Chicago, succeeds Lee Berger Anderson, of Maryland, as editor of the Women Lawyers Journal. Former U.S. Supreme Court Justice Arthur Goldberg, ambassador to the United Nations, was the speaker dt the installation banquet. Incoming Head To Enliven ABA WASHINGTON (UPI)-Chesterf- Smith, ield, incoming president of the American Bar Association, said yesterday he intends to infuse the organization with new blood. I have worked to pick out the establishment and the old timers, said Smith, a resident of Lakeland, Fla. appointed a to anything nor do I propose to. Iwant them to keep their seats and be honored at night and not in the daytime." Smith, a white-haireenergetic lawyer in private practice, outlined his ideas for revitalizing the ABA. I havent past-preside- d, t rendered in defending persons charged with shooting a deer out of season, or drunk and disorderly conduct, or assault arising out of a boundary line dispute, there could be little doubt that such fees do not subinvolves service Court Opens Texas Ballot nt SOYBEAN HIGHER PRICING DOESNT BOTHER BUYERS Commodities futures contract prices zoomed NEW YORK soon President Nixons Phase 4 removed (nice as as skyward ceilings on most foods. The Administrations new economic stabilization plan, allows for price increases for raw supposedly for these costs to be passed on to conagricultural products and f stantially affect ipterestate commerce, he said. anti-inflationa- ry, sumers. Like an blast, soybean futures rose the limits on all; contracts. Even new crop contracts spurted the allowable trading limits. The soybean records reveal that $2.75 to $3 per bushel has been an average value from I960 through 1970. But under ihe Nixon inflation, and giant sales of grains to the Soviet Union and Communist China, soybean prices are out of this world. Despite that, foreign buyers arent disturbed by the pricing explosion. After the recent dollar devaluations, plus additional drops in U.S. dollar values in trading markets, foreign users of trade and will take as much as soybeans are enjoying a price-cu- t soon can as as revokes the export controls. Washington get they A-bo- 20-ye- ar The international trade winds say the small Arab countries have Uncle Sam (the United States) over a barrel. With only 6 per cent of the worlds population, the United' States consumes 33 per cent of its energy and is now the worlds leading importer of oil. And the U.S. is increasing its annual use demand equal to the entire daily 1.1 output of Algeria, or about half the daily output of Libya, or half that of Nigeria. Saudi Arabia is the only country capable of meeting the worlds growing needs. It sits on at least of the earths oil And reserves. Saudi Arabia has a proven population of only 4V4 million people. In 1972, World oil production totaled just under 53 million barrels a day. Daily consumption was 52.7 million. That left almost nothing for inventories. Thus the world oil supply-deman- d million-barrel-a-da- y one-quart- er situation is in balance. If Libya, with its 2.2 output were to turn off its taps, a world crunch would immediately hit. Thats why all nations are urging Saudi Arabia to allow its production to expend. But Arab country brothers are saying: Dont do it! Saudi Arabia now holds about billion in monetary reserves, plus a handsome sum of the money metal gold. Thus the political pressure from Arab countries for her not to increase oil America. output to bail out million-barrel-a-d- oil-thirs- Bernstein continued by including in his definition of interstate com-- 1 merce all legal representation involving real estate financing, local plant construction, zoning or collections where the client is a nationwide corporation or an individual doing business with such a corporation, probate matters where any party or any property is outside the state, or any situation where financial interests are involved, and almost every other situation not covered by his exception. The Supreme Court has never decided whether a profession is a trade in the sense used in the Sherman Act, Bernstein said. The distinction dates back to an 1834 decision, in which trade is defined as any occupation, employment or business carried on for profit , . . not in the liberal arts or in the learned he explained. He professions, added that in subsequent cases based on that decision, in 1932 (involving cleaners and dyers), 1939 (the medical profession) and 1950 (real estate brokers), the court sidestepped the question. ay ty It is said there is a campaign on in Washington, by private interests plus a few members of Congress, for the United States and other countries tb sell their gold on the free market. This would drive down the price of the metal, boost the dollar value in foreign exchange markets, and make a handsome profit for the U.S. Treasury. Also, foreign governments would make gold-sal- e profits. But monetary students dont agree. Their opinion is that world currencies must be tied to something of value, for balancing purposes; that the monetary metal gold is the established leader despite Increased output and uses. For those who dont know, the Soviet Union has sold about 160 tons of gold since the turn' of the year, and especially in large amounts in the past couple of months. Unloading was in the open market in Zurich. It is expected to continue proportionately for the remainder of the year. But, he conduced, the Supreme Court has held that the concept should be broad and should include any occupation carried on for livelihood. It seems very clear to me that the word, trade as used in the Sherman Act means all occupations in which men are engaged for a livelihood including the liberal arts and the learned professions," he said. Bernstein suggested alternatives to minimum fee schedules to accomplish the same purpose a range of fees that have been charged for certain types of service, to form the public, and courses in law office economics to assist young lawyers in establishing their own fee schedules and indicated that integrated bars might be exempt under certain circumstances. t ; |