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law licensing schemes. schemes is the proper word.

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  • jm367@bellsouth.net
    Property interests ... are created and their dimensions are defined by existing rules or understandings that stem from an independent source such as state
    Message 1 of 1 , Apr 22, 2005
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      "Property interests ...  are created and their dimensions are defined by existing rules or understandings that stem from an independent source such as state law - rules or understandings that secure certain benefits and that support claims of entitlement to those benefits."  Board of Regents v. Roth, 408 U.S. at 577
      Lawyers are presumed morally superior to pro per and pro se:  "It is a fair characterization of the lawyer's responsibility in our society that he stands 'as a shield' to quote Devlin, J., in defense of right and to ward off wrong.  From a profession charged with such responsibilities there must be exacted those qualities of truth-speaking, of a high sense of honor, of granite discretion, of the strictest observance of fiduciary responsibility, that have throughout the centuries, been compendiously described as 'moral character'" Schware v. Board of Bar Examiners 353 US at 247 
      "A state may forbid one without its license to practice law as a vocation." Thomas v. Collins 323 US at 544-548
      "But the principle that the government may restrict entry into professions and vocations through licensing schemes has never been extended to encompass the licensing of speech per se or of the press." Lowe v. S.E.C. 472 US 181
      "it has never been deemed an abridgement of freedom of speech or press to make a course of conduct illegal merely because the conduct was in part initiated, evidenced, or carried out by means of language, either spoken, written, or printed."  Giboney v. Empire Storage & Ice Co. 336 US 490
      "the practice of law is now regarded as a commercial activity subject to the strictures of the Sherman Act" Leis v. Flynt citing Goldfarb v. Virginia State Bar 421 U.S. 773
      "History attests to the importance of pro hac vice appearances."  Leis v. Flynt 439 US 438 (1979)
      The term consumer, defined in the State's UCC, is the heart of co-operative federalism.  The term consumer, defined in the State's UCC, merges or combines public rights and interests and private rights and interests in a term of legislative art.  Many public rights have been created against the Government by acts regulating commerce and for the public welfare. 
      A consumer is a hyrid creation of the UCC whose individual purposes are primarily household, family, and personal.   The usual evidences of residence show that the consumer is transacting for commercial purposes.  A typical transaction by a consumer for business purposes is the purchase of a motor vehicle.  A client is a consumer of legal services.   A client is a consumer of social services.  A client is even a consumer of parole services.
      A real estate tax listing or a street address which is used as evidence to show the status of resident consumer is an unconstitutional combination of the federal power to regulate commerce and the State municipal power to tax.  see Gibbons v Ogden.   "Were the Court to adopt the Government's expansive interpretation, hardly a building in the land would fall outside ยง 844(i)'s domain, and the statute's limiting language, "used in," would have no office."  Jones v. US, 529 U.S. 848 (2000) 
      A person whose individual purposes are entirely household, family, and personal is not a consumer and ought to appear in propria persona.
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