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28 St. Mary's L.J. 47 (1996-1997)
Giving Texas Lawyers Their Dues: The State Bar's Liability under Hudson and Keller for Political and Ideological Activities

handle is hein.journals/stmlj28 and id is 57 raw text is: GIVING TEXAS LAWYERS THEIR DUES: THE STATE BAR'S LIABILITY UNDER HUDSON AND KELLER FOR POLITICAL AND IDEOLOGICAL ACTIVITIES RALPH H. BROCK* I. Introduction ........................................... 48 II. A Paradigm for Compliance ........................... 54 A. The Labor Union Analogy ........................ 54 B. Protecting Individual Rights When Membership Is Com pulsory ..................................... 61 C. Compulsory Dues in the Context of Unified State B ars ............................................... 63 D. Drawing the Line Between Chargeable and Nonchargeable Activities .......................... 66 1. Chargeable Activities ......................... 66 2. Nonchargeable Activities ...................... 69 E. Remedies for Noncompliance ..................... 70 III. The Texas Response ................................... 75 A. The State Bar of Texas ............................ 77 B. The Structure of the State Bar .................... 81 C. The State Bar's Legislative Activity ............... 83 D. Other Ideological Activity ......................... 89 E. The State Bar's Budgetary Procedure Is Constitutionally Inadequate ....................... 92 * B.A., Texas Tech University; J.D., Texas Tech University School of Law. The au- thor is a solo practitioner and a Teaching Fellow at Texas Tech University School of Law. He is active in State Bar work as a member of several State Bar organizations, sections and committees, including the Texas Bar Foundation (Sustaining Life Fellow); Fellow, College of the State Bar of Texas; Texas Center for Legal Ethics and Professionalism; Appellate Practice and Advocacy Section (Founding Chair, 1987-88; Newsletter Editor, 1993-pres- ent); Bar Journal Committee (1987-1997, Chair, 1994-95); History and Traditions of the Bar Committee (1995-1998); Computer Section (Council Member, 1996-1997); Women and the Law Section (Council Member, 1993-1995; Newsletter Editor, 1991-present); Al- ternative Dispute Resolution Section, Individual Rights and Responsibilities Section; and Litigation Section. The author gratefully acknowledges the helpful suggestions and advice of Carolyn F. Moore and Professor Daniel H. Benson.

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