Governments, like business organizations, are exposed to risks of many kinds and have a wide range of options how to respond–from bearing the full risk themselves to obtaining full insurance coverage. The author discusses some of the traditional approaches to governmental risk management in the light of new and increasing risks–such as the liability risk–and the growing sophistication of risk management methods. He notes in particular how a government's risk management decisions differ from those of a business organization because of the unique characteristics of government entities: perpetual existence; taxing power; the need to prevent nepotism, bribery, and corruption in government administration; and political mandates and pressures of all kinds. These forces account for restrictive procurement rules and for various forms of “self-insurance” arrangements. The author finds, among other things, that in most states the rules have not kept pace with the multiplication of risks and the development of new risk management and insurance techniques, and that small and medium municipalities, especially, suffer from inadequate access to sound risk management services. On the basis of an examination of European municipal risk management practices, the author then suggests as an appropriate solution the formation of special mutual insurance organizations for municipal governments, controlled and administered by local government officials.

In the beginning of the 1970s the increased activity of filing collateral attacks on criminal convictions (postconviction petitions) made by prisoners in an effort to modify either the conviction or the sentence generated concern about the additional burdens imposed on the courts. This article is the first report of a study undertaken to quantify and analyze postconviction filings and their eventual disposition under various procedures, as reflected by the variety of procedures and degrees of accessibility to the courts in the states of Illinois, California, Texas, and Colorado. The present article describes and analyzes postconviction filing activity for these four states in terms of the probability of filing; the frequency of filing (the mean number of filings per filer and the number of filings per thousand prisoners); how long after incarceration filing took place; and patterns of filing over time. It is shown that contrary to widespread belief the notion that “every prisoner files” is not justified. The author concludes that the perceived high number of collateral attacks, not necessarily supported by the figures, stems from a large number of filings (except for Illinois) generated by a small proportion of prisoners. The author points out that modifications of the petitioning process can have a significant effect on the rate of filing and suggests changes in regulations that are likely to reduce the total number of petitions.

Legal service plans, widely regarded as the key to better availability of legal services for Americans of moderate incomes, have not yet found their proper place in the legal and regulatory framework. Uncertainty about regulatory requirements threatens to hold up progress. This article presents the results of a three-year study of alternative approaches to the regulation of legal service plans. It analyzes the inherent dangers of various types of plans and suggests ways of providing adequate protection for consumers while preserving maximum freedom and flexibility for experimentation with new delivery systems. Specifically, the authors recommend the existing and time-tested system of insurance regulation as the most suitable model for plans having a significant risk-carrying element, subject, however, to appropriate amendments to accommodate the unique features of some kinds of plans, such as bar-sponsored nonprofit organizations, and with special procedures to ensure close cooperation with disciplinary authorities as far as the conduct of lawyers is concerned.

A volume containing all the principal and background papers prepared in this study, including a modified version of the present article, will be published by the American Bar Foundation as Legal Service Plans: Approaches to Regulation.

A long accepted canon of professional ethics forbids a lawyer to appear in a particular matter in the dual role of advocate and witness for his client. As Disciplinary Rule 5-101(B) of the American Bar Association's Code of Professional Responsibility states:

Educational research is increasingly subject to legal restrictions designed for the protection of human subjects of research. In this article the author discusses legal restrictions–both in the courts and under HEW regulations–on educational research, comparing these restrictions with those on biomedical research. He finds that although educational research in particular instances may give rise to suits for damages for invasion of privacy or intentional infliction of psychological distress, the legal issues relating to educational research will most often be resolved in proceedings before institutional review boards charged by HEW with the responsibility for passing upon proposals to conduct research on human subjects. He argues that the interests protected in proceedings before institutional review boards are not limited to those that have received judicial recognition in suits for damages. The author finds that the requirement that the informed consent of subjects be obtained presents difficult issues for educational research. He notes in particular the problems presented by research proposals that as an element of the research design contemplate the observation of subjects without their knowledge and the use of children as research subjects.